GRAND RAPIDS, Mich. — Gov. Gretchen Whitmer is urging the Michigan Supreme Court to consider her lawsuit to protect abortion rights.
If the lawsuit makes it to the high court, it will be up to seven justices to decide whether or not abortion is a right in the state constitution.
The Michigan Supreme Court is made up of four women and three men, four Democrats and three Republicans.
"I'm hopeful that our state Supreme Court will take it up and give clarity that yes, Michigan women still have a right to privacy and bodily autonomy under our due process and equal protection clauses of our state constitution," said Whitmer.
Richard Friedman, a University of Michigan Professor of Law, guesses the court will rule there's a right to abortion in the state constitution at least in the early stages of pregnancy.
And he's basing his guess on two factors.
"One is, these days, party affiliation is a pretty good indicator of where somebody's coming out," said Friedman. "It's not simply the policy issue of should abortion be allowed and when. It's a legal, constitutional issue."
Second, he says three Democrats were very eager to expedite the case.
"The reason why somebody might want to expedite the case would be to come out with a holding that there's a state constitutional right, because if you're on the other side, you have no interest to expedite it."
If the court does expedite the case, Friedman estimates a decision could take three or four months.
If the Supreme Court votes to uphold the 1931 ban, Michiganders could vote on whether to add a state constitutional amendment allowing abortion this November.
But that depends on whether a petition drive gets 425,000 signatures by July 11.
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