DETROIT — More than 36 million women nationwide — and almost 2.2 million in Michigan — would lose access to abortions if the U.S. Supreme Court overturns decisions that underscore the right to the controversial medical procedure, Gov. Gretchen Whitmer said Friday, citing a new report from pro-abortion rights organizations.
That's because Michigan and 25 others states have laws banning abortion that are currently superseded by the high court's previous rulings in Roe v. Wade and Casey v. Planned Parenthood. Only 15 states, along with Washington, D.C, have enshrined the right to an abortion in the law.
"Today's devastating report makes clear that the stakes are high. The attack on abortion access has gutted the foundation of the right to choose, in states all across the country," Whitmer said.
"As long as I'm governor, any law to strip away fundamental reproductive rights, or weaken access to life-saving healthcare, will not get my signature. And I've called on our legislature to pass a bill and send it to my desk that repeals this 90-year-old ban on abortion."
The report, created by the Planned Parenthood Federation of America and In Our Own Voice: National Black Women's Reproductive Justice Agenda, notes the changes also could impact an additional unknown number of "pregnant-capable people."
Alexis McGill Johnson, president and CEO of Planned Parenthood, said her organization and others that support abortion rights are pushing the U.S. Congress to enact a federal right to abortion. At the same time, they'll try to politically target states that have bans but in theory could overturn or change them.
"It will be identifying those places where we can strategically invest the best resources to ensure that we stave off these horrific bans before they take effect," Johnson said.
Of the 26 states listed, 12 have laws known as "trigger bans," meaning abortion will be banned if and when Roe and Casey are overturned. Another nine states, including Michigan, have laws banning abortion still on the books that pre-date the court's 1973 ruling in Roe.
The states in the report are Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, and Wyoming.
In Michigan, a 1931 law makes it a felony for anyone to provide or facilitate an abortion unless done to save the life of the person who is pregnant.
While anti-abortion rights advocates argue it is not intended to be used to prosecute the person who is pregnant, it remains to be seen whether a local prosecutor could pursue such charges if Roe and Casey are overturned.
This is not the first time Whitmer has bashed the current Michigan law, but she has very little power to change it. Despite her veto promises and her call for lawmakers to act, it's highly unlikely the GOP-led Legislature will heed her call and repeal the 1931 abortion ban
Earlier this week she vetoed more than $16 million from the new state budget intended for organizations that promote alternatives to abortion.
"These line items would create a gag rule preventing reproductive health service providers from even mentioning abortion and otherwise make it hard for women to get the healthcare they need," Whitmer wrote in a letter to lawmakers explaining the vetoes.
Whitmer also called the high court's recent ruling that allowed a Texas ban on abortion after six weeks to take effect a "gut punch."
"Their decision overturned 50 years of precedent, and effectively took away rights guaranteed under Roe v. Wade for Texans...if the court overturns Roe, the consequences will be deadly," Whitmer said.
As she spoke, a federal judge in Austin heard arguments from the Biden administration and Texas in a new challenge to the constitutionality of the state's ban. The judge could allow the law to remain in place or temporarily block it.
In December, the U.S. Supreme Court will hear cases that challenge the decisions from Roe and Casey. In Roe, the court established there is a right to an abortion. In Casey, the court affirmed that right but allowed states to implement some restrictions if they do not ultimately prevent a person from obtaining an abortion,
Typically the high court issues rulings on its most controversial cases in June, near the end of its term. But before then, the Texas law will remain at the center of heated debate pertaining to the constitutionality of abortions and abortion access.
The Texas law bans any abortion after six weeks' gestation. The majority of abortions in Michigan and across the country occur after this point — many people do not know that they're pregnant before slipping past this new deadline.
Under the Texas law, anyone can sue any provider or others whomthey believe helped facilitate an abortion that occurred past six weeks' gestation. Anyone found to have violated the law could be on the hook for $10,000 and legal fees.
Despite the law appearing to violate abortion rights afforded under Roe v. Wade and other cases, the unique construction of the law prompted the U.S. Supreme Court to skip a broader ruling on constitutionality.
A slim 5-4 majority determined the law could go into effect because the party suing over the law lacked standing. The law bans any state or other public entity from enforcement, instead giving these duties to private citizens. Because the lawsuit heard by the high court was filed against entities who either cannot or pledged not to pursue enforcement, the justices ruled the lawsuit procedurally deficient and declined to prevent the law from taking effect.
The dissent argued it sets a dangerous precedent both for abortion laws and more broadly for states allowing private citizens to enforce civil infractions.
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