Dear Reader, Most stories MLive journalists cover are immediate and close to home, with definable impacts on our readers and communities.
But some are big and broad and carry uncertain import, like rolling thunder in the distance. We sense it’s going to affect us, but don’t know when or how. We have a journalistic obligation to begin adding insights on topics like those, as well.
One recent example of that is the Supreme Court refusing to issue an injunction last week against a Texas law prohibiting abortion after six weeks of gestation. That is the most restrictive legislation against access to the procedure since the landmark ruling Roe v. Wade legalized abortion in 1973, and it went into effect immediately last week in Texas.
Given Michigan’s political dynamic – we have a Democratic governor with a veto pen who has pledged to uphold women’s access to abortion services – it’s not likely that laws will change here soon.
However, the Supreme Court ruling encouraged and emboldened anti-abortion activists and lawmakers in states across the country – the “thunder” we hear in this case is lawmakers in multiple conservative states pledging to enact laws similar, or exactly the same, as the one in Texas.
Michigan is a more moderate state with governance balanced between both parties. But MLive has to cover the story, because the jockeying here, now, may be the first moves in a larger chess match.
“This could have very real consequences for Michigan residents, so we are watching these legal challenges and rulings,” said Lauren Gibbons, a political reporter for MLive. “Especially if it's going in a direction where other states will have an outsized role in determining whether this is something that people can access.”
In the days after the Supreme Court ruling, politicians and advocates on both sides of the issue in Michigan began public posturing. The Michigan Democratic Party issued a statement condemning the ruling, and several Democratic lawmakers spoke openly, and sometimes personally, about what they see is a fundamental right for women.
On the other side of the aisle, Republicans immediately rose in praise of the ruling.
“We saw the state party cheer on the action in Texas last week, but we haven't heard (anything) concrete from Senate or House leadership on if they plan to replicate the Texas law just yet,” said Sam Robinson, who covers the Capitol for MLive.
However, he noted, “There are a handful of bills that have been introduced by Republican lawmakers in Michigan that would discourage or restrict access to abortions.”
One, HB 5086, sponsored by Rep. Sue Allor, R-Wolverine, would prohibit a physician from performing an abortion after a heartbeat is detected, and would change the state health code’s definition of abortions to include devices intended as contraceptives.
Another, HB 4189, sponsored by Rep. Mary Whiteford, R-Casco Township, would direct state funds to pay for marketing discouraging abortion, while encouraging childbirth and adoptions.
Meanwhile, Gov. Whitmer this week proactively called on the Legislature to repeal a 1931 state law that criminalizes abortion. That law has been held in check by Roe v. Wade, but with conservative judges in the majority on the Supreme Court, and the trend of erosion of abortion rights in states across the country, all of a sudden it seems a lot more relevant.
And one elected prosecutor, a Democrat in Washtenaw County, publicly pledged not to enforce the 1931 law if it ever was revived in Michigan.
It’s pretty unlikely Whitmer’s call to repeal the law will be heeded, as the state House and Senate are ruled by Republicans. But her public statements, and those from both parties and even local officials, indicate that everyone knows something regarding access to abortion is going to happen here.
“A change at the federal level, from the Supreme Court or otherwise, would lead to a major patchwork of how these different state laws, even different local laws, are enforced,” Gibbons said. “It would become extremely confusing … it would turn into a nightmare to determine what these different laws signify.”
MLive reporters will be there to sort it out, then. But that’s also why we’re covering it now – it’s wise to buy the umbrella before the thunder turns to rain. ###
🎧 To hear my entire discussion with political reporters Lauren Gibbons and Sam Robinson about the Texas law, the Supreme Court ruling, and the effects on the political dynamic surrounding abortion access in Michigan, tune into this week’s episode of the MLive podcast “Behind the Headlines.” Click here to play.
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