Governor Whitmer Files Lawsuit to Find Right to Abortion

Lansing, MI — Governor Whitmer announced today that she is using her executive authority to file a lawsuit asking the Michigan Supreme Court to find a right to abortion within the constitution.

The following statement is attributed to Right to Life of Michigan President Barbara Listing:

This is a frivolous lawsuit that should be immediately dismissed by the Michigan Supreme Court. Governor Whitmer is ignoring the voices of Michiganders by bypassing all lower courts and court precedent just as the U.S. Supreme Court did when they decided on Roe v. Wade.

In 1997, the Michigan Supreme Court declined to hear an appeal in Mahaffey vs. Attorney General thereby affirming the opinion issued by the Court of Appeal that there is no right to abortion found in the Michigan Constitution. The Michigan Supreme Court based its decision to decline the appeal because they had already ruled on the legality of abortion in the 1973 case of People v. Bricker and thus allowed the Court of Appeals’ opinion to stand. 

This lawsuit comes as a surprise as it is during the Reproductive Freedom for All petition efforts that are seeking to create a constitutional right to abortion in Michigan.

Listing stated:

This lawsuit is very telling of the progress of the pro-abortion petition and makes us question their status in collecting signatures. Why is the Governor going over the heads of her allies? Governor Whitmer is contradicting herself by asking the Supreme Court to find a right to abortion while supporting a petition that is seeking to create a right to abortion.

Right to Life of Michigan believes that the Michigan Supreme Court has the obligation to deny this request as it is deceitful and dishonest. We will do everything we can to fight this lawsuit.

Background information:

Mahaffey vs. Attorney General

History of Michigan’s Abortion Laws

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