Watch CBS News

Gov. Whitmer Files Motion Urging Michigan Supreme Court To Consider Lawsuit On Abortion Rights

(CBS DETROIT) -- Michigan Gov. Gretchen Whitmer filed a motion Friday, urging the state Supreme Court to consider her lawsuit on abortion rights.

In April, Whitmer filed a lawsuit, asking the court to recognize a right to abortion under the state constitution and to overturn a 176-year-old ban in the state that may take effect if the ruling was vacated.

This comes after the U.S. Supreme Court did overturn Roe v. Wade, marking a shift in abortion law with several states expected to limit or ban the procedure. A month prior, a leaked court draft opinion suggested the high court would overturn the decision.

"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," Whitmer said 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.

On Tuesday, Michigan Rep. Steve Carra (R-Three Rivers) proposed his "Protection at Conception Act," in which an individual would be guilty of manslaughter if they perform or attempt to perform an abortion, "except to save a pregnant woman who is in imminent physical danger that will result in the loss of her life from the pregnancy."

The measure also states that anyone manufacturing, distributing or selling a drug intended to cause an abortion would be guilty of a felony and sentenced to no more than 20 years.

In a statement on Wednesday, Carra said the act would make Michigan's 1931 abortion law "enforceable post-Roe v. Wade."

"This is the most comprehensive pro-life legislation introduced in Michigan and will be legally enforceable," Carra said.

Whitmer is expected to veto the measure if passed by Legislature.

© 2022 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.