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The Michigan Supreme Court dismisses Whitmer's abortion-rights case

Head and shoulders view from slightly below of Whitmer standing at a microphone.
Paul Sancya/AP
Gov. Gretchen Whitmer speaks to abortion-rights protesters at a rally following the United States Supreme Court's decision to overturn Roe v. Wade, federally protected right to abortion, outside the state capitol in Lansing, Friday, June 24, 2022.

In an unsigned order released Friday, the court agreed to grant a motion filed two weeks ago by the governor.

(MPRN) The Michigan Supreme Court has dismissed Governor Gretchen Whitmer’s request for a decision that abortion rights are protected under the state constitution. That’s after voters settled the question in November.

While the lawsuit was active, court orders ensured abortion remained legal in Michigan after the US Supreme Court’s Dobbs decision. That included the case filed by Whitmer in an effort to forestall enforcement of a dormant 1931 abortion ban.

The Supreme Court remained silent on the governor’s request throughout the 2022 campaign, which ended in a victory for the Reproductive Freedom for All amendment. The amendment invalidated the 1931 law.

The Legislature’s new Democratic majorities have also promised to formally the repeal the law. The governor told the Supreme Court a ruling is no longer necessary.

The court agreed the question is moot and issued the order to dismiss the case.