Michigan Gov. Gretchen Whitmer (D) has filed a lawsuit directly to the state Supreme Court, arguing that an abortion “trigger law,” which would go into effect if Roe v. Wade is overturned, violates the state’s constitution.
A 1931 law banning nearly all abortions in Michigan would automatically go into effect should the U.S. Supreme Court decide later this year to dismantle the 1973 ruling establishing abortion protections. In December, lawyers representing Mississippi lawmakers argued in favor of overturning Roe during oral arguments over the state’s 15-week abortion ban.
In response, the conservative-majority justices on the Supreme Court have indicated a willingness to undo or at least significantly undermine the protections recognized in Roe.
The Michigan law is still technically on the books, but it has been unenforceable since Roe went into effect. If the law is re-enforced, it would ban abortions in the state at all stages of pregnancy, including in cases of rape or incest, and would only allow the procedure if a pregnant person’s life is at risk.
Whitmer filed her lawsuit in the Oakland County Circuit Court — but using powers she has as a governor, she advanced the litigation directly to the state Supreme Court for consideration.
According to reporting from The Detroit News, Whitmer’s lawsuit claims that the 1931 law is “unconstitutionally vague” and violates rights to “privacy, liberty, bodily integrity, and equal protection” under the state constitution and other statutes.
“No matter what happens to Roe, I am going to fight like hell and use all the tools I have as governor to ensure reproductive freedom is a right for all women in Michigan,” Whitmer said in a statement. “If the U.S. Supreme Court refuses to protect the constitutional right to an abortion, the Michigan Supreme Court should step in.”
Whitmer also explained the reason for her lawsuit on social media.
“If the U.S. Supreme Court overturns Roe v. Wade, Michiganders could be forced to live under a dangerous 1931 state law that criminalizes abortion. Not on my watch,” she said.
Requests to expedite lawsuits straight to the state Supreme Court are rare and seldom granted. Just this past week, for example, the court refused an expedited appeal from state Attorney General Dana Nessel (D) to hear a case on regulations relating to the pandemic.
Still, the chances of the appeal aren’t impossible — and as the court currently has a 4-3 majority of Democratic-appointed justices, it may be receptive to hearing Whitmer’s lawsuit.
A number of anti-abortion lawmakers across the U.S., particularly in conservative-leaning Republican-controlled states, have passed and enacted restrictive bills and abortion bans. But several states have also seen pro-abortion lawmakers pressing for added protections, in anticipation of the possibility that Roe gets overturned.
On Monday, Colorado Gov. Jared Polis (D) signed into law a bill that codified abortion rights and protections. “In the State of Colorado, the serious decision to start or end a pregnancy with medical assistance will remain between a person, their doctor, and their faith,” Polis said in a statement.
Meanwhile, lawmakers in California have been pushing to make the state a “sanctuary” for anyone seeking an abortion — not just in California, but throughout the entire U.S.
Within the state legislature, the Legislative Women’s Caucus has introduced eight bills to protect the right to get an abortion — including a bill that seeks to enhance privacy statutes, ensuring that those who are traveling from out of state cannot be punished for getting an abortion in California.
Help us Prepare for Trump’s Day One
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.
In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
We urgently need your help to prepare. As you know, our December fundraiser is our most important of the year and will determine the scale of work we’ll be able to do in 2025. We’ve set two goals: to raise $115,000 in one-time donations and to add 1365 new monthly donors by midnight on December 31.
Today, we’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
If you have the means to make a substantial gift, please dig deep during this critical time!
With gratitude and resolve,
Maya, Negin, Saima, and Ziggy