In the latest move to bolster abortion rights in Michigan if Roe v. Wade is overturned, Gov. Gretchen Whitmer on Wednesday directed state agencies to “take steps to protect reproductive rights” and to not cooperate with future abortion prosecutions.
“Departments and agencies must review aspects of reproductive health care that fall within their jurisdiction,” Whitmer’s executive directive reads, in part, “and identify and assess potential opportunities to increase protections for reproductive health care, consistent with applicable law.”
Agencies that find they have a say on issues of reproductive health, the directive states, must report their conclusions to the governor within 30 days. The directive takes effect immediately.
Per the directive, the state officials must consider how they can protect and increase availability to mental, physical and reproductive health; safeguard people’s health care privacy, including their data; and keep reproductive health care providers safe.
The U.S. Supreme Court later this year is expected to strike down the 1973 Roe v. Wade decision that guarantees the right to abortion nationwide. In Michigan, abortion access in the absence of Roe could revert to a 1931 law that bans abortion except when the mother’s life is at risk. The person performing the abortion would also be charged with felony manslaughter, under the state law.
“Now is the time to use every tool in our toolbox to protect all aspects of reproductive health care,” Whitmer said in a statement.
The governor’s directive does not include the word “abortion,” but does say state agency reviews must “Ensure care for individuals undergoing miscarriages.” The 1931 law refers to abortion as a “miscarriage.”
Whitmer’s directive also instructs “departments and agencies with enforcement responsibilities” to not cooperate with authorities in other states trying to prosecute women seeking legal abortion care. When asked if this refers to law enforcement or regulators, Whitmer press secretary Bobby Leddy told MLive it applies to “any” state departments or agencies. That presumably includes Michigan State Police.
“I applaud Governor Whitmer for drawing a line in the sand and making clear no state of Michigan department or agency will aid in the persecution of women who would seek medical care in our state,” state attorney general Dana Nessel said in a statement.
Nessel, Michigan’s top law enforcement official, has said she will not enforce the 1931 law.
Whitmer filed a lawsuit in April to ask the Michigan Supreme Court to resolve whether the state constitution protects abortion. And she has urged the U.S. Senate to codify Roe’s protections into federal law.
A ballot drive, the Reproductive Freedom for All initiative, is also circulating to make abortion a “fundamental right” enshrined in Michigan’s state constitution. For the proposed constitutional amendment to appear on the November ballot, petition circulators need to collect at least 425,059 signatures by July 11.
Anti-abortion advocates have criticized the proposed ballot measure as too broad because it does not specify an age limit and includes rights to other things like sterilization.
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