Michigan lawmakers and pro-choice advocates were among those gathering Tuesday at courthouses, calling on the U.S. Supreme Court to protect a person's right to an abortion.
Politico obtained and released a draft majority opinion indicating that five of the nine high-court justices would vote to overturn the decision in the case Roe v. Wade. Michigan is among dozens of states with an abortion ban on the books that would become law if that happens.
State Rep. Laurie Pohutsky, D-Livonia, noted that Michigan's 1931 ban would criminalize both those seeking abortions and their providers, but said that wouldn't happen unless the draft opinion is made official.
"One thing that we do want to make clear, just because there are patients who are seeking care," she said, "as of right now, abortion is legal in Michigan, and if you need abortion care, please feel free to seek it."
Pohutsky has introduced the Reproductive Health Act, which would protect access to abortion and contraception in the state and repeal the 1931 ban, but the Legislature hasn't advanced the bill. Gov. Gretchen Whitmer last month filed a lawsuit with the state Supreme Court to prevent a ban from going into effect.
In the meantime, groups are working to gather signatures for a ballot petition that would add the right to an abortion in the state Constitution.
Merissa Kovach, an ACLU of Michigan policy strategist, called this an "all-hands-on-deck moment."
"We know that folks are scared. They're feeling helpless," she said. "And I want to put forth that the Reproductive Freedom for All ballot initiative is the best way to permanently protect reproductive freedom in Michigan."
More than two-thirds of Michigan voters have said in surveys that they want the Supreme Court to keep Roe v. Wade in place. Fewer than 20% support overturning the landmark decision.
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A Florida judge plans to put a hold on the state's new, 15-week abortion ban, set to take effect today. He said it is unconstitutional and will issue a temporary injunction.
Groups including Planned Parenthood of America, the Center for Reproductive Rights and the American Civil Liberties Union sued the state over the law passed by Republican lawmakers, claiming it violates the right to privacy in the state constitution.
Circuit Judge John Cooper agreed, just days after the U.S. Supreme Court overturned federal protections for abortions.
Rep. Yvonne Hinson, D-Gainesville, predicted despite the new Florida ruling, Gov. Ron DeSantis will follow through on his promise to fight to keep the ban.
"He not only will appeal, but come back full force with the full weight of his office, to try and do a full ban," Hinson stressed. "We can expect that if we don't go to the polls with that understanding."
The Florida abortion ban includes no exceptions for cases of rape or incest. In response to the ruling, DeSantis said he expected it, and does not think the state constitution mandates things like, in the governor's words, "dismemberment abortions." Judge Cooper plans to issue the injunction Tuesday.
Hinson urged anyone concerned about a possible outright ban on abortions in Florida to make their voices heard at the polls, because in her view, DeSantis has been able to get what he wants, so far.
"I mean, he has followed through on everything that he has said," Hinson pointed out. "We have to believe him and, we need to vote like we believe him, because everything he does is intentional."
Judge Cooper cited Section 23 of the Florida Constitution, which states: "Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein." Republicans have long struggled to restrict abortions in the state because of the privacy clause.
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Wisconsin's 173-year-old abortion ban faces a legal test, as the state's Democratic leaders announced Tuesday they are suing to overturn it.
The measure, enacted decades before women had the right to vote, bans abortions in nearly all cases.
Gov. Tony Evers called a special session of the Legislature earlier this month to attempt to overturn the ban, but the Republican-controlled Senate and Assembly quickly gaveled out of the session without taking action.
Now, with the protections of Roe v. Wade fallen, Evers said it is time to take action.
"An overwhelming majority of Wisconsinites supported Roe and making sure abortions remain safe and legal in Wisconsin," Evers asserted. "And if Republicans won't do their part and help the people of the state, then we will."
Evers previously stated he would grant clemency to any doctors who are charged under the 1849 law, which carries a maximum sentence of six years in prison and a $10,000 fine. Similarly, Attorney General Josh Kaul indicated his office will not actively investigate or prosecute doctors who violate the measure.
The 1849 law was rendered unenforceable by Roe. Then, in 1985, Wisconsin passed a law banning abortions only after a fetus could theoretically survive outside the womb, anywhere from 20 to 28 weeks, an exact point in time which is a matter of medical dispute.
Kaul argued the 1985 law overrides the 1849 law.
"We've also argued that Wisconsin's abortion ban has fallen into disuse and can no longer be enforced under Wisconsin law," Kaul explained. "There's a legal doctrine known as 'desuetude' that we argue applies here."
Kathy King, medical director of Planned Parenthood of Wisconsin, said restricting abortion access would have serious impacts on maternal health.
"When compared to similar wealthy countries, the United States ranks last, with the highest maternal mortality rate," King reported. "In Wisconsin, you are five times more likely to die from a pregnancy-related cause if you are Black, versus if you are white."
Even before Roe was struck down, Wisconsin already had numerous provisions in place limiting abortion access, including mandatory counseling policies, waiting periods and other restrictions. According to the state's Department of Human Services, there were about 6,400 abortions in 2020, down from more than 17,000 in 1987.
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With Roe v. Wade gone, Illinois is one of the few Midwestern states where abortions are still legal. Now the state's abortion clinics are bracing for a surge in out-of-state patients.
Yamelsie Rodriguez, president and CEO of Planned Parenthood of the St. Louis Region and Southwest Missouri, said its focus is on making sure folks have the resources they need to access abortions across state lines, as nearly all abortions in Missouri are now illegal.
"We are working together with the Pritzker administration to ensure nurse practitioners and physician assistants can practice to the full extent of their training," Rodriguez explained. "Including providing aspiration abortions, commonly known as in-clinic abortions."
St. Louis alders on Friday introduced legislation to start a $1 million abortion fund to provide financial resources to those who need to cross state lines to seek reproductive health care. The measure was referred to the city's Health and Human Services Committee for further deliberation.
Illinois is not only facing a surge on its western border. Kentucky's abortion ban triggered Friday, the Indiana General Assembly is holding a special session next week when lawmakers will likely pass a ban, and an 1849 Wisconsin law outlaws abortions in the state, although the policy will likely face lawsuits.
Qudsiyyah Shariyf, deputy director of the Chicago Abortion Fund, said even before Roe fell, the group was on track to support a record number of people this year, 80% of whom have been from out-of-state.
"The increase in numbers that we've seen is due to many factors," Shariyf pointed out. "It's in response to increased need that we've seen due to more restrictions and bans, as well as the strain of the ongoing global pandemic and economic crisis."
The share of abortions in Illinois provided for out-of-state residents has grown steadily in recent years, according to the state's Department of Public Health. In 2020, about a fifth of all abortions performed in Illinois were for out-of-state residents, most of whom were from Missouri.
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