Skip to Main

Gov. Whitmer Files Motion in Michigan Supreme Court to Protect Right to Abortion

Promo Image: Court Seeks More from Whitmer About Abortion Ban Challenge

Governor Gretchen Whitmer on Friday filed a motion with the Michigan Supreme Court to consider her lawsuit that asks the court to decide if Michigan’s state constitution protects the right to abortion.

The motion comes on the heels of the Roe v. Wade on Friday, ending nearly 50 years of precedent.

Whitmer’s asked the Michigan Supreme Court to recognize a constitutional right to an abortion under the Due Process Clause of the Michigan Constitution. Her lawsuit asks the court to stop enforcement of the 1931 Michigan abortion ban.

“Today, I filed a motion urging the court to immediately take up my lawsuit to protect abortion in Michigan. We need to clarify that under Michigan law, access to abortion is not only legal, but constitutionally protected. The urgency of the moment is clear—the Michigan court must act now,” said  Whitmer in a statement. “With today’s U.S. Supreme Court decision, Michigan’s extreme 1931 law banning abortion without exceptions for rape or incest and criminalizing doctors and nurses who provide reproductive care is poised to take effect. If the 1931 law goes into effect, it will punish women and strip away their right to make decisions about their own bodies. That is why I filed a lawsuit in April and used my executive authority to urge the Michigan Supreme Court to immediately resolve whether Michigan’s state constitution protects the right to abortion. I will fight like hell to protect the rights of Michigan women.”

granted a preliminary injunction in a Planned Parenthood suit against Michigan’s 1931 law criminalizing abortion. The injunction temporarily blocks the abortion ban.