Michigan Gov. Whitmer sues to protect abortion rights in case of Roe overturning

Michigan Gov. Gretchen Whitmer is filing a lawsuit to protect abortion rights in the state in the case Roe v. Wade is overturned.

Michigan Gov. Gretchen Whitmer is filing a lawsuit Thursday in an effort to protect abortion rights in the state.

"No matter what happens to Roe, I am going to fight like hell and use all the tools I have as governor to ensure reproductive freedom is a right for all women in Michigan," she said in a statement. "If the U.S. Supreme Court refuses to protect the constitutional right to an abortion, the Michigan Supreme Court should step in. We must trust women — our family, neighbors, and friends — to make decisions that are best for them about their bodies and lives."

Michigan is one of about 20 states where abortion could be immediately banned if Roe v. Wade were overturned because of either laws that predate Roe but were never removed from the books, so-called "trigger" laws that would go into effect in the event of the precedent being overturned, state constitutional amendments, or six- or eight-week bans that are not currently in effect but would ban nearly all abortions, according to a 2021 report by the Guttmacher Institute, a research organization that supports abortion rights.

In Michigan's case, abortion would be banned because of a 1931 state statute that criminalizes abortion, including in cases of rape or incest. The only exception would be in case of threat to the pregnant person's life.