LANSING, Mich.—Democrat Governor Gretchen Whitmer today urged the Republican-controlled state legislature to repeal a state law banning abortion.
Whitmer stated in a press release, “I call on the legislature to send (Democrat) Senator Erika Geiss’ bill that repeals our nearly century-old ban on abortion to my desk. I have always stood with those fighting for their right to choose, and will not stop now.”
The law that Whitmer wants repealed is Act 328 of 1931. That law considers abortion a felony, except in cases where the life of the mother is endangered.
The law was superseded by the 1973 U. S. Supreme Court decision in Roe v. Wade, which legalized abortion across the nation, but still remains on the books.
If the U. S. Supreme Court were to overturn its 1973 decision that abortion is a constitutionally protected right, Act 328 is likely to again become the law of the state.
Citing the high court’s recent decision not to enjoin a Texas law greatly restricting abortion from taking effect until the pending court challenge is litigated, Whitmer said that she feared a majority of the justices may be “willing to throw out the constitutional right to choose.”
Whitmer asserted in her statement, “if the U. S. Supreme Court overturns Roe, that Michigan law and others like it may go into effect in dozens of states, disproportionately impacting Black and brown communities.”
Whitmer provided no explanation in her press release as to how the minority groups she mentioned would be unfairly affected.
Right to Life of Michigan believes that Act 328 would once again become an enforceable statute, saying in a statement, “After Roe v. Wade was decided, the Michigan Supreme Court ruled in People v. Bricker that Roe v. Wade is only blocking enforcement of Michigan’s law (Act 328); Roe did not repeal Michigan’s law.”
