LANSING — As the U.S. Supreme Court gets set to reveal a decision that could overturn the federally established right to abortion access nationwide, states are taking actions to continue those protections on their own.
In Michigan, the Democratic officials have taken steps over recent months as the high court presides over a case involving a Mississippi law banning abortions after 15 weeks of pregnancy and is likely to overturn the landmark 1973 Roe v. Wade decision that legalized abortion nationwide.
Local officials were alarmed and stepped up action when a leaked decision by conservative Justice Samuel Alito published by Politico prompted abortion rights supporters to hold rallies outside the Supreme Court Building and at various locations across the country.
Last month, Governor Whitmer filed a lawsuit and used her executive authority to ask the Michigan Supreme Court to immediately resolve whether Michigan’s Constitution protects the right to an abortion.
Whitmer pushed on with the lawsuit after the leaked opinion and joined 16 governors to call on the U.S. Senate to codify the legal protections in Roe into law.
Marking the first time a governor has filed a lawsuit to protect a woman’s right to an abortion, the lawsuit asks the court to recognize a constitutional right to an abortion under the Due Process Clause of the Michigan Constitution. It also asks the court to stop enforcement of the 1931 Michigan abortion ban.
This week, the governor, who is up for reelection against a slate of Republicans this year, signed an executive directive instructing state departments and agencies to review aspects of reproductive health care that fall within their jurisdiction and see if there are opportunities to increase protections for reproductive health care, such as contraception, long-acting reversible contraception and emergency contraception.
The order instructs departments not to cooperate with or assist authorities of any state in any investigation or proceeding against anyone for obtaining, providing or assisting someone else to obtain or provide reproductive healthcare that is legal where the health care is provided.
Departments and agencies must also identify and assess potential opportunities to increase protections for reproductive health care, consistent with applicable law. They must detail how they can increase choices available to protect mental, physical and reproductive health; safeguard the privacy of individuals seeking care and assure the safety of reproductive healthcare providers.
The order instructs departments not to cooperate with or assist authorities of any state in any investigation or proceeding against anyone for obtaining, providing or assisting someone else to obtain or provide reproductive healthcare that is legal where the health care is provided.
Those departments and agencies also have to inform the public on reproductive issues and must provide accessible, comprehensive information about the current cost and availability of reproductive care and increase public awareness about the availability and safety of contraception.
“If Roe is overturned, Michigan’s 1931 law banning abortion even in cases of rape or incest and criminalizing doctors and nurses may go back into effect,” Whitmer said. “This would punish women — our neighbors, family and friends — and criminalize doctors and nurses for doing their jobs. In preparation for this very real possibility, I am signing an executive directive instructing all state departments and agencies not to cooperate with authorities from other states who want to prosecute women seeking legal abortion care.”
Attorney General Nessel and Wayne County Prosecutor Kym Worthy have publicly declared that they will not not use their offices’ resources to enforce or defend Michigan’s 1931 statute criminalizing abortion.
“I refuse to put millions of Michigan women at risk by restricting their access to safe abortions,” Nessel said.
Abortion rights are sure to be a hot button issue during the election season this year.
According to a Reuters/Ipsos poll, conducted in mid-May, 34 percent of 4,409 adult respondents said Democrats had better plans for abortion policy, compared to 26 percent who picked the Republican Party. The rest of the respondents picked neither party or said they didn’t know which was better.
Just 58 percent of Republicans said their own party has the better plan on abortion, compared with 71 percent of Democrats who sided with their party.
Suburban women, seen as potential deciders for close elections, backed Democrats over Republicans on abortion policy by 38 percent to 23 percent.
Sixty-one percent of respondents, including 38 percent of Republicans and 39 percent of independents, said they were less likely to vote for a candidate who supports laws that ban or severely restrict abortion.
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