'In the chaos of this imminent and inhumane catastrophe, it’s been pretty hard to find political leaders who have any fresh ideas about how to proceed. An exception may be Michigan governor Gretchen Whitmer,' writes rtraister
A 1971 billboard in McGrann, Pennsylvania. Photo: Bettmann Archive via Getty Images As we speed toward this summer’s Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization, and with it the likely overturn of Roe v. Wade, there is a lot of bad news coming from states rushing to pass ever-more-totalitarian restrictions on those who seek abortion care.
Oklahoma is among the 21 states that, according to the Guttmacher Institute, have laws that could be used to restrict the legal status of abortion as soon as Roe falls. Some of those laws date back to before Roe was decided in 1973; others have been crafted in anticipation of its expected reversal. Many of these states are grouped together in the South and Midwest, creating a geographic nightmare for people who need abortion care.
But Whitmer is asking her state’s highest court, by means of a lawsuit, to recognize a right to abortion under the Michigan Constitution. What’s more, in order to do that, she is invoking a power available to Michigan governors called the “executive message,” which, she believes, will force the State Supreme Court to take the question of the constitutionality of abortion out of the trial and appeals courts and issue a decision on it as soon as possible.
Republicans have spent the years since Roe working every angle: taking over state legislatures, building a pipeline of anti-abortion judges who have risen to the highest courts in the country, gerrymandering districts and disenfranchising Democratic voters and ensuring that presidents elected by a minority of Americans have now appointed the majority of Supreme Court justices.
Still, she is taking an enormous risk in a state where violent partisan tempers are running as high as anywhere. Whitmer, who is up for reelection this year, announced her lawsuit on the fourth day of jury deliberation in the prosecution of four men who are alleged to have plotted to kidnap her in 2020.
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