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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.

Rick Pluta is Senior Capitol Correspondent for the Michigan Public Radio Network. He has been covering Michigan’s Capitol, government, and politics since 1987.
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