Governor Gretchen Whitmer Friday filed with the Michigan Supreme Court a plea for judges to set an expedited briefing on her court case which seeks to declare a 1931 ban on abortion as unconstitutional.
Whitmer sued 13 county prosecutors in early April, looking to have a near century-old ban on abortion stricken from state law due to what she believes is a violation of the Michigan constitution. While the state Supreme Court did grant a motion for immediate consideration in May, justices also asked Whitmer to provide further information about her case in a series of questions.
Those included whether the Court of Claims’ grant of a preliminary injunction in Planned Parenthood v Attorney General resolves any need for the court to direct the Oakland Circuit Court to certify the questions posed for immediate determination, as well as whether her questions to the legitimacy of the ban should be answered before a U.S. Supreme Court ruling on Dobbs v Jackson Women’s Health Organization.
RELATED: Supreme Court overturns Roe v. Wade, eliminating abortion rights in Michigan
Given that SCOTUS ruled 6-3 on Friday, July 24, that there was no right to an abortion enshrined in the U.S. Constitution - instead punting that decision back to the states to decide - Whitmer filed a motion Friday to set a newly expedited briefing schedule.
“This Court’s review of the constitutional questions presented in the Governor’s Executive Message is urgently needed,” the filing reads. “By holding that the federal Constitution does not protect the right to abortion, Dobbs has deepened the uncertainty about the enforceable scope of Michigan’s criminal abortion ban, MCL 750.14. So long as this uncertainty persists, it will work to deny Michiganders their rights under the Michigan Constitution and have profound and irreversible consequences on Michiganders’ lives.”
It ends with asking for Whitmer’s opening brief in the case be due July 8, 2922, that the defendants’ answering briefs be due July 22 and that the governor’s subsequent reply to those answering briefs be due July 29.
“The Governor further requests that the Court set the matter for oral argument as soon as is practicable for the Court,” the filing concludes.
More from MLive:
In momentous decision, SCOTUS reverses ruling that made abortion access a right
What’s next? Same-sex marriage, contraception should be reconsidered, Justice Clarence Thomas says
Gov. Whitmer, AG Nessel condemn Roe decision, work to stop Michigan abortion ban
Republican Legislature declares Roe ruling as win for federalism
‘Livid, horrified’: Roe v. Wade reversal blasted by most Washtenaw County politicians