Governor files for restraining order to prevent Michigan county prosecutors from seeking to jail those who provide reproductive health care 

Lansing, MI — Governor Gretchen Whitmer took immediate action to protect access to abortion in Michigan after the Michigan Court of Appeals ruled on Aug 1st, that county prosecutors can enforce the state’s extreme 1931 law that criminalizes abortion without exceptions for rape or incest and punishes doctors and nurses who offer reproductive health care. The governor’s request for a temporary restraining order builds on her ongoing efforts to protect abortion in Michigan after the U.S. Supreme Court’s decision in Dobbs v Jackson overturning a 49-year precedent set by Roe v Wade. 

“On Aug 1st’s dangerous decision by the Michigan Court of Appeals clears a path for county prosecutors to use Michigan’s extreme 1931 abortion ban to prosecute doctors and nurses and jail them for doing their jobs,” said Governor Whitmer. “That is why I have taken immediate action and filed a request for a temporary restraining order against enforcement. We cannot risk further confusion for women, health care providers, and all Michiganders. As on Aug 1st’s unexpected action proves, the overturn of Roe v Wade in June has left reproductive freedom hanging by a thread in Michigan. I have taken a number of unprecedented steps to protect the 2.2 million women in Michigan who would lose the right to control their own bodies. I will keep fighting like hell to protect women and health care providers.” 

The motion for a temporary restraining order can be viewed here.  

Governor Whitmer’s Actions to Protect Reproductive Freedom 

April 7: Filed a lawsuit to ask the Michigan Supreme Court to immediately resolve whether Michigan’s constitution protects the right to an abortion. ? 

April 7: Penned an op-ed in the Detroit Free Press explaining her action and highlighting that 7 in 10 Michiganders support the rights affirmed by Roe.? 

May 3: Joined 16 other states to urge the United States Senate to pass the Women’s Health Protection Act and enshrine Roe’s protections in federal law.? 

May 9: Penned an op-ed in the New York Times explaining why she isn’t waiting for Congress to act and urging fellow pro-choice governors, state representatives, private businesses, and citizens to take action to protect reproductive rights.? 

May 25: Signed an executive directive instructing state of Michigan departments and agencies to identify and assess opportunities to increase protections for reproductive healthcare, such as contraception. The executive directive also instructs departments not to cooperate with or assist authorities of any state in any investigation or proceeding against anyone for obtaining, providing, or assisting someone else to obtain or provide reproductive healthcare that is legal where the health care is provided.? 

June 23: Launched a new consumer website to educate Michiganders about the availability of no-cost contraception with most insurance plans.? 

June 24: On the day of the Dobbs decision, filed a motion urging the Court to immediately consider her lawsuit.? 

June 27: Followed up with an additional notice to the Court urging them to immediately consider her lawsuit. 

June 29: Sent a letter to Michigan’s insurers urging them to take steps to ensure Michiganders have coverage for reproductive health care to the fullest extent possible under current coverage.? 

July 6: Joined with the Michigan Department of Health and Human Services to launch a public effort to educate Michiganders and health care providers about the difference between emergency contraception and medication abortion. The public effort will disseminate information about the differences between medication abortion and emergency contraception to all local health departments throughout Michigan, healthcare providers throughout the state, and the public.? 

July 7: Called on the federal government to clarify and protect Michiganders’ right to cross the US-Canada border to seek reproductive health care or prescription medication including medication abortion.? 

July 11: Urged President Biden to make birth control available over the counter without a prescription. 

July 13: Signed an executive order refusing to extradite women or health care providers who come to Michigan seeking reproductive freedom. 

July 22: Called on FDA to reduce barriers to medication abortion.