LANSING, Mich. ( WLNS) – Governor Whitmer wants to erase an old law in Michigan that prohibits abortion.
The law was created back in 1931, and is still on the books even though it is superseded by federal law.
It’s a controversial and divisive issue. State Representative Julie Brixie says she supports the Governors decision.
“I’m so grateful that she’s using every tool she has to preserve the right to a safe and legal and accessible abortion,” said Representative for the 69th house district, Julie Brixie.
Brendan Beery is an expert in constitutional law. He says the Governor’s move to ask the Michigan Supreme Court to change the state ban is a legal option.
“It’s supposed to be for extraordinary circumstances, but the Governor would argue this is. It’s been rarely used, but it is there.
The Governor has the authority to send something to the Michigan Supreme Court called an executive message,” said Cooley Law Professor, Brendan Beery.
That means it would be up to the Michigan supreme court to decide if abortions are legal here. It’s something Beery says he expects to see happen in other states.
“What are we going to do now because you know do they enact new legislation? Do they simply repeal old legislation? Do they do what Governor Whitmer is doing and go to the state Supreme Court and get it to invalidate?”
But, those opposed to abortion say the Governor is overstepping her bounds.
“This is what she does. She thinks she is tyrant at the state of Michigan,” said State Representative, Steve Carra. “This idea that we’re going to protect privacy rights or violate autonomy of certain individuals but not of others like the unborn child in the wombs is extremely offensive to the proper rule of government.”
Legal experts say it would take a few months for the court to come to a decision. As for the supreme court’s Roe v. Wade decision that’s expected in June.