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MI Supreme Court dismisses Whitmer abortion right case

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Michigan Supreme Court Facebook Page
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The Michigan Hall of Justice, in Lansing, is home to the state's Supreme Court. (via Michigan Supreme Court on Facebook)

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.

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

While the lawsuit was active, court orders ensured abortion remained legal in Michigan after the U.S. 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.

Rick Pluta is Senior Capitol Correspondent for the Michigan Public Radio Network. He has been covering Michigan’s Capitol, government, and politics since 1987. His journalism background includes stints with UPI, The Elizabeth (NJ) Daily Journal, The (Pontiac, MI) Oakland Press, and WJR. He is also a lifelong public radio listener.