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Michigan Gov. Gretchen Whitmer (D) said Thursday she has filed a lawsuit to have the state supreme court decide whether Michigan's constitution protects the right to abortion.

The governor is challenging a 1931 state law that bans abortion at all stages of pregnancy but has not been enforced in the state since the U.S. Supreme Court's 1973 Roe v. Wade decision. Planned Parenthood of Michigan has filed a concurrent lawsuit against the same law.

“In the coming weeks, we will learn if the U.S. Supreme Court decides to overturn Roe v. Wade,” Whitmer said in a statement. “If Roe is overturned, abortion could become illegal in Michigan in nearly any circumstance—including in cases of rape and incest— and deprive Michigan women of the ability to make critical health care decisions for themselves. This is no longer theoretical: it is reality. That’s why I am filing a lawsuit and using my executive authority to urge the Michigan Supreme Court to immediately resolve whether Michigan’s state constitution protects the right to abortion."

Michigan Gov. Gretchen Whitmer (D) said Thursday she has filed a lawsuit to have the state supreme court decide whether Michigan's constitution protects the right to abortion. The governor is challenging a 1931 state law that bans abortion at all stages of pregnancy but has not been enforced in the state since the U.S. Supreme Court's 1973 Roe v. Wade decision. Planned Parenthood of Michigan has filed a concurrent lawsuit against the same law. “In the coming weeks, we will learn if the U.S. Supreme Court decides to overturn Roe v. Wade,” Whitmer said in a statement. “If Roe is overturned, abortion could become illegal in Michigan in nearly any circumstance—including in cases of rape and incest— and deprive Michigan women of the ability to make critical health care decisions for themselves. This is no longer theoretical: it is reality. That’s why I am filing a lawsuit and using my executive authority to urge the Michigan Supreme Court to immediately resolve whether Michigan’s state constitution protects the right to abortion."

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