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Whitmer sues over Michigan abortion ban asks court to overturn it

As the U.S. Supreme Court stands ready to set aside the Roe v. Wade decision or reduce it to its own current term ends, Gov. Gretchen Whitmer asks the Michigan Supreme Court rule that the 1931 law criminalizing abortion violates the state constitution.

If the State Supreme Court rules in Whitmer, abortion remain legal regardless of how United States Supreme Court rules.

There are 2.2 million women of childbearing age in Michigan, Whitmer told Free Press on Wednesday and those women deserve know that their rights will be protected.

“A woman should be able to take care of her health herself. decisions, with advice of a healthcare professional she trusts. The politician shouldn’t do it decisions for her,” Whitmer said. in exclusive interview. And frankly, if we fail act and abortion becomes illegal in our state for almost any reason – including cases of rape and incest – we will have one of the harshest laws in the country. This critical what are we pushing forward.”

The Michigan abortion law of 1931 was never repealed. But the Michigan Supreme Court justices declared the law unenforceable in 1973 after US Supreme Court found this state bans on abortion violated the US Constitution.

Federal Supreme Court conservative it is widely expected that the majority will abandon this landmark decision or gut it in the case was brought after the state of Mississippi passed a law banning abortion after 15 weeks of pregnancy. If the high court rules that mississippi ban on most abortions are constitutional, performing or rescheduling an abortion in Michigan may one day again become a criminal offence.

Looking for guidance for prosecutors

State Attorney General Dana Nessel said she would not prosecute doctors. for have an abortion or women for looking for them. But all three of Republican candidates running for her seat this fall oppose abortion, and abortion providers in Michigan say they will close shop if the Supreme Court overturns Row. county prosecutors can also make accusations, and the stakes are too high.

Whitmer’s lawsuit filed on Thursday in Oakland District Court asks Michigan Supreme Court to declare 1931 law unconstitutional and order prosecutors in The 13 Michigan counties that have abortion clinics are from law enforcement.

prosecutors in Seven of these counties issued a statement supporting The Whitmer Trial and the Reaffirmation of a Woman’s Choice: Karen McDonald of Oakland County, Kim Worthy of Wayne, Carol Seaman of Ingham, Matthew Wiese of Marquette, Eli Savit of Washtenaw, Geoffrey Getting of Kalamazoo and David Layton of Genesee.

Right to physical integrity

The argument that Michigan’s ban violates the state constitution is similar one abortion rights advocates made to the U.S. Supreme Court, namely that all states bans violate federal constitutional guarantees of due process and confidentiality.

But unlike the federal constitution, Michigan’s constitution protects the right to bodily integrity, which can allow Whitmer’s lawyers made stronger arguments before the state Supreme Court.

“There are two fundamental arguments here – regarding due process, privacy and bodily autonomy, and also in accordance with equal protection article,” Whitmer told the Free Press. The 1931 law, she said, “is based on on paternalistic excuses, made Michigan women secondclass citizens.

Governor says looming menace Rowe, in compound with other court decisions restricting access abortion, means that there is sufficient uncertainty about the exact how abortion law goes into effect in Michigan for state supreme court to rule.

Whitmer said a state Supreme Court ruling that Michigan’s constitution rules out a ban on abortion would give prosecutors providers and patients the clarity they need.

Whitmer who it works for re-elect this year campaigned basically on what she calls dinner table problems like repairing roads or improved schools.

But she said that abortion is just as widely support.

“It polarizes in some camps. But this vast majority supports of people in Michigan – seven in 10, Whitmer said, referring to a recent poll — “and regardless of how we personally treat abortion as a woman’s health, and not politics should drive important medical decisions. … with dynamics on Supreme Court, it’s not remote possibility. It became very clear that this is very likely to happen. We study and develop a strategy how we defend this right for women in Michigan, Whitmer said.

As part of a related initiative coordinated with Governor’s officePlanned Parenthood of Michigan also sued on Thursday, appeal to Michigan court of Statements to block Attorney General Dana Nessel — who said she wouldn’t pursue women or qualified doctors involved in abortion — and county prosecutors from complying with the 1931 law and reaffirming the right to abortion in Michigan state constitution.

The governor asked the Legislature to pass law protecting Michigan women’s right to choose, but in briefing with reporters on Wednesday, she recognized the GOP-controlled body is unlikely to work.

“We using every instrument available – and this unique set of tools – protect women and also protect our constitutional right to bodily autonomy, make our own decisions and protect our economic freedoms,” she said.

Whitmer’s lawsuit concerns a little-known governor’s power, called an “executive message,” asking the Michigan Supreme Court to accept up her case directly, bypassing the trial court and state court of Appeal and expedite decision making.

Seeking confidence to advise patients

Dr. Sarah Wallett, Chief Medical Officer of Planned Parenthood of Michigan, said planning for Supreme Court decision challenges her ability take care for her patients.

“People come to me for all kinds of different reasons and I can tell you that each one of they thought about their optionsWallett said. – … Any day I could see patient who’sa parent of several children whodecided that financiallyhaving another one it is not right. i could see patient who has a medical problem that continuing the pregnancy would put her health at risk risk. I can see patient what was diagnosed, that something wrong with her pregnancy and they decided not to continue. i see teenagers who come in with their moms. I see patients coming in with their partners. I understand people who want speak words of faith before their procedure. Everyone suffers from abortions.”

The Governor noted that childbearing entails economic challenges. She said a lot women who terminate the pregnancy already have children and fear that they cannot provide for growing family.

“I think it’s important that we be very honest in this conversation. Supporters who claim to be focused on on something else, it’s very clear that we’re talking about controlling the women’s body, she said. When you look at this outdated law, on our books, it was written 91 years ago, it was paternalistic in nature intended to be preserved women at hometake womenx ability to make your own choice.

“This is a really tough moment. one this women (of previous generation) never imagined we’d be here fighting like this hard to just protect our rights as full US citizens.”

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Tyler Hromadka
Tyler Hromadka
Tyler is working as the Author at World Weekly News. He has a love for writing and have been writing for a few years now as a free-lancer.

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