Michigan Governor Repeals 1931 Abortion Law

April 5, 2023

Michigan Governor Gretchen Whitmer (D) on Wednesday repealed a more than 90-year-old law banning abortion in the state.

“Today, we’re going to take action to make sure that our statutes and our laws reflect our values and our constitution,” Whitmer said at a bill signing outside of Detroit.

“This is long overdue,” she tweeted.

The move came after Michigan voters voted overwhelmingly to enshrine the right to an abortion last fall in the midterms. Even so, the 1931 ban had remained on the books until this Wednesday, though it was unenforceable. 

The 1931 ban could have been enforced in the future if Michigan voters had managed to collect enough signatures to amend the state constitution yet again and repeal abortion rights. Whitmer’s signature Wednesday eliminated that possibility, erasing the law completely.

Following the Supreme Court’s overturning Roe v Wade and the U.S. Constitutional right to abortion last year, Michigan was one of five states—along with California, Kentucky, Montana and Vermont—that had initiatives in favor of abortion rights on the ballot during the 2022 midterm elections. All were passed by voters.

The Michigan Governor’s signing also comes as voters in neighboring Wisconsin on Tuesday elected a Democratic-backed judge, Janet Protasiewicz, to their state’s Supreme Court, ensuring a liberal majority as that court weighs the fate of an 1849 abortion ban.

By contrast, Florida’s Republican-controlled state Senate on Tuesday passed a six-week abortion ban. Florida Gov. Ron DeSantis (R)—who is weighing a run for President in 2024—has a scheduled appearance in Michigan set for this Thursday to speak to the Midland County GOP.

PHOTO: @GovWhitmer

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