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Criminal Justice & Legal System

Whitmer given 14 days to file brief arguing why state Constitution protects abortion rights

A woman with a pink "Abortion is health care" sign stands in front of people holding signs protesting against abortion.
Jodi Westrick
Michigan Radio
A woman holds a sign in support of abortion rights in front of those holding signs against it at a "Bans Off Our Bodies" protest on May 14, 2022, in Ann Arbor, Michigan.

The Michigan Supreme Court has given Governor Gretchen Whitmer 14 days to file a brief arguing why the Michigan Constitution protects abortion rights.

The governor used her executive power to ask the court for a preemptive ruling in case the Roe v. Wade decision is overturned.

That could reactivate a dormant 1931 state law that would outlaw most abortions.

The court wants Whitmer to expand on her argument that the state constitution’s privacy protections cover abortion rights.

Also whether a governor can use her authority to call a statute into question before the court, and why the Michigan Supreme Court should step in when a state Court of Claims judge has preemptively blocked enforcement of the abortion ban.

Other parties have been given another 14 days to respond once Whitmer’s brief is filed.

A Michigan Court of Claims judge earlier this week blocked enforcement of the ban in the event Roe is reversed.

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