LANSING (WWJ) -- Michigan Gov. Gretchen Whitmer is asking the federal government for to clarify the law and to protect Michiganders who seek "reproductive health care," including the abortion pill in Canada.
Whitmer's office on Thursday released a letter sent by the governor to the U.S. Department of Health and Human Services and the U.S. Department of Homeland Security, urging them to immediately issue guidance making it clear that no legal obstacle prevents Michiganders from seeking abortions in Canada or from bringing prescription medication — specifically, abortion-inducing meds — back into to the U.S.
"I will continue fighting like hell to protect access to abortion and other reproductive care in Michigan, and I encourage the federal government to pull out all the stops to ensure that Michiganders can access care in Canada if they need to," Whitmer said in a media release.
View a copy of the letter here.
This comes a couple of weeks after the U.S. Supreme Court issued a ruling overturning Roe v. Wade, effectively ending 50-year-old federal protections for abortion rights.
At this time, abortion remains legal in Michigan while a 1931 state law criminalizing most all abortions is on hold due to a court injunction (more on this below).
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The following additional information was provided by the governor's office:
Current Lack of Clarity
Current rules on importing drugs, including those that may be used for medication abortion, are complex and not well-understood by the public. The FDA website, for example, states that “[i]n most circumstances, it is illegal for individuals to import drugs into the United States for personal use. In direct contrast, U.S. Customs and Border Protection (CBP) website states that travelers can bring prescription medication across the border with a doctor’s prescription. There is a clear need for clarification, made urgent by the recent decision in Dobbs overturning Roe.
Michigan’s Border with Canada
Among the 13 states that share a border with Canada, Michigan has the largest metropolitan population near the country. Nearly 4.4 million Michiganders live in Metro Detroit alone—right across the river from Windsor—and the Ambassador Bridge is the busiest land border crossing between the two countries, with more than 10,000 commercial vehicles on a typical weekday.
Michigan’s Pre-Roe Ban & Injunction
The current version of Michigan’s law criminalizing abortion without exceptions for rape or incest was enacted in 1931. In 1973, the decision in Roe v Wade rendered Michigan’s 1931 ban unconstitutional and abortion became legal in the state of Michigan.
On May 17, 2022, a Michigan state judge granted a preliminary injunction in a suit brought by Planned Parenthood against Michigan’s unconstitutional 1931 law criminalizing abortion. This injunction temporarily blocks the abortion ban, emphasizing the need for Governor Whitmer’s action to permanently protect legal abortion in Michigan.
Governor Whitmer’s Lawsuit
The governor filed a lawsuit and asked the Michigan Supreme Court to recognize a constitutional right to an abortion under the Due Process Clause of the Michigan Constitution. It also asks the court to stop enforcement of the 1931 Michigan abortion ban. The abortion ban violates Michigan’s due process clause, which provides a right to privacy and bodily autonomy that is violated by the state’s near-total criminal ban of abortion. It also violates Michigan’s Equal Protection Clause due to the way the ban denies women equal rights because the law was adopted to reinforce antiquated notions of the proper role for women in society.
Michiganders on Abortion
For Michiganders, this issue is beyond settled, Whitmer's office said. Ac Jan. 2022 poll found that 67.3% of Michiganders supported Roe and 65.7% support repealing Michigan’s 1931 ban on abortion. To poll also found that over 77% believe abortion is a decision that should be left up to a woman and her doctor, while only 9.7% said abortion should be regulated by law.
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