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Michigan Gov. Gretchen Whitmer vows to “fight like hell” to prevent 1931 abortion ban from becoming law

Michigan Gov. Gretchen Whitmer vows to "fight like hell" to prevent 1931 abortion ban from becoming law

Michigan Gov. Gretchen Whitmer filed a motion with the state’s Supreme Court Friday, asking it to “decide if Michigan’s state constitution protects the right to abortion.” The move comes after the U.S. Supreme Court’s decision to overturn Roe v. Wade meant that an old state law banning abortion could soon take effect.

Michigan enacted a law in 1931 that criminalized abortion, without exceptions for rape or incest. But the passage of Roe v. Wade in 1973 superseded Michigan’s ban, which made abortions legal in the state.

However, Michigan is one of nine U.S. states with laws on the books predating Roe, which could allow the state to swiftly outlaw abortion in most cases following the Supreme Court’s decision.

Several states have already enacted legislation protecting the right to an abortion. But passing such a law in Michigan is more difficult because its legislature is majority-Republican and opposes abortion rights. It favors reinstating the 1931 law. 

For the time being, however, the 1931 abortion ban is not going into effect. In May, Planned Parenthood filed a lawsuit, claiming that law was unconstitutional. A state judge granted a preliminary injunction, temporarily blocking the the old law from being implemented. Michigan Right to Life and the Michigan Catholic Conference have asked a state court of appeals to vacate the injunction. The GOP-led legislature also filed a brief that also called for the injunction to be lifted and said it would defend the old law in court.

In April, Whitmer preemptively sued 13 county prosecutors with abortion clinics in their jurisdictions in an effort to circumvent the 1931 abortion ban.

In a statement released after the Supreme Court’s Friday decision, the governor noted the fact that court’s pause on implementing the “antiquated 1931 law” is temporary and “has already been challenged.” 

Whitmer slammed the state’s Republican lawmakers for “defending this draconian ban” in court. And she noted that some are even pushing for harsher punishment for abortion and contraception providers.

“Some legislators have gone a step further, proposing a 10-year prison sentence for abortion…

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