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'I will not give in or give up' on protecting abortion rights, Whitmer says

Gov. Whitmer says she is working to have abortion recognized as a constitutional right amid the overturning of Roe v. Wade.

MICHIGAN, USA — In a historic ruling, the Supreme Court of the United States overturned Roe v. Wade Friday, ending the constitutional right to abortion. 

The decision now goes to individual states, with some states enacting "trigger laws" that go into effect immediately or soon after. It is unclear if or when anti-abortion laws will go into effect in states with older laws on the books.

In Michigan, a 1931 law bans abortion with no exceptions, including in the case of rape or incest. When Roe v. Wade went into effect in 1973, that law became dormant.

In May, a judge temporarily suspended that law, although abortion opponents have already challenged that ruling. If overturned, abortion would become illegal again in Michigan. 

RELATED: Roe v Wade overturned | Abortion still legal in Michigan

Gov. Gretchen Whitmer reacted to Roe v. Wade's overturning Friday, saying she would work to make abortion a constitutional right.

"Today is a sad day for America as an unelected group of conservative judges act squarely against the will of the people and medical expertise. We can all sense the despair that tens of millions of Americans—our neighbors, family members and friends—are feeling right now. However we personally feel about abortion, health—not politics—should drive important medical decisions. 

“With today's decision, Michigan's antiquated 1931 law banning abortion without exceptions for rape or incest and criminalizing doctors and nurses who provide reproductive care takes effect. For now, a Michigan court has put a temporary hold on the law, but that decision is not final and has already been challenged. The 1931 law would punish women and strip away their right to make decisions about their own bodies. I am deeply disappointed that Michigan’s Republican legislative leaders have been in court defending this draconian ban, to the detriment of women and families. Some legislators have gone a step further, proposing a 10-year prison sentence for abortion providers and a 20-year sentence for anyone manufacturing, selling or distributing birth control medication.  

“I want every Michigander to know that I am more determined than ever to protect access to safe, legal abortion. Now is the time to use every tool in our toolbox to protect women and reproductive health care. That is why I filed a lawsuit in April and used my executive authority to urge the Michigan Supreme Court to immediately resolve whether Michigan’s state constitution protects the right to abortion. We need to clarify that under Michigan law, access to abortion is not only legal, but constitutionally protected. In addition, my recent executive directive instructs all state departments and agencies not to cooperate with authorities from other states who want to prosecute women seeking legal abortion care and instructs departments to increase protections for reproductive healthcare. 

“I will fight like hell to protect every Michiganders’ right to make decisions about their own body with the advice of a medical professional they trust. I will not give in or give up for my kids, your kids, and the future of our great state.”

Gov. Whitmer filed a lawsuit asking the Supreme Court of Michigan to recognize abortion as a constitutional right, as well as strike down the 1931 abortion ban. 

Attorney General Dana Nessel said her office will not enforce the law to prosecute those seeking or performing abortions.

RELATED: Michigan Attorney General says her office will not prosecute licensed medical professionals who offer abortion services

On Wednesday, a Republican-led bill was introduced that would penalize abortion providers with prison time. If the bill is passed, any doctor providing an abortion could receive 10 years in prison, while any manufacturer or distributor of medication that would cause an abortion could receive 20 years in prison.

This bill would likely be vetoed by Gov. Whitmer if it were to make it to her desk. 

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