Michigan Governor Gretchen Whitmer filed a lawsuit Thursday to protect the right to abortion, asking a state court to recognize that right in the state constitution and strike down a 176-year-old ban in the state that might go into in force if the landmark Roe v. Wade.
The Democratic governor’s preemptive lawsuit, once morest prosecutors in 13 counties that have an abortion clinic, came as the conservative majority on the U.S. Supreme Court weighs allowing states to ban abortion much earlier in the year. pregnancy and potentially nullify the right. Planned Parenthood of Michigan and its medical director filed a similar suit in state court to block enforcement of the 1931 law, which dates back to an 1846 ban.
Whitmer, who is running for re-election this year, was expected to request that the Michigan Supreme Court quickly take up her case rather than let it go through the lower trial and appellate courts. A favorable decision might allow abortions to continue in Michigan following the federal top court rules.
“It was important for us to take action now, to ensure that women and providers across the state of Michigan know if abortions will continue to be available in the state, because it affects their lives and the practices of our health care providers. It is crucial that we take this action now to ensure and guarantee that the Michigan Constitution protects this right that has been available to us for 49 years,” the governor told The Associated Press. She assured that almost 2.2 million women might lose access to a legal and safe medical procedure.
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Associated Press writer Corey Williams in West Bloomfield, Michigan, contributed to this report.