The Michigan Supreme Court is asking Governor Gretchen Whitmer to file a more expansive argument on why it should rule to protect abortion rights in the state.
Whitmer is suing 13 Michigan county prosecutors to bar them from enforcing Michigan’s 1931 law banning abortion.
The measure would go into effect if the US Supreme Court overturns the Roe v. Wade decision.
All of the counties named in the suit have health clinics that perform abortions. Whitmer originally filed the lawsuit in Oakland County using a seldom-invoked executive authority to advance the case directly to the Michigan Supreme Court.
In Friday’s order, the court asked for clarification on:
• Whitmer’s recent use of executive power to advance the case.
• Whether it’s necessary for the case to beat a quick path to the state Supreme Court in light of the recently issued injunction blocking enforcement of Michigan’s 1931 trigger law.
• Why it’s necessary for the state Supreme Court to weigh in before it sees a decision from the U.S. Supreme Court regarding abortion.
A reversal of Roe v. Wade could reactivate a dormant 1931 state law that would outlaw abortions except for those necessary to save the life of a pregnant person.
Whitmer’s lawsuit claims that law is trumped by privacy rights in the Michigan Constitution that are similar to those outlined in the Roe decision.
She has 14 days to file and then other parties will be allowed to respond.