Gov. Gretchen Whitmer has peti­tioned the Michigan Supreme Court to strike down a law that could limit access to abortion in the state, according to an April 7 press release.

The petition pre­cedes an antic­i­pated ruling this spring by the Supreme Court of the United States on a Mis­sis­sippi law that bans abortion after 15 weeks. 

Whitmer said she wants the state supreme court to strike down a 1931 Michigan law that made abortion a felony except in cases involving serious medical risk to the mother.

In 1973, the U.S. Supreme Court’s Roe v. Wade ruling made Michigan’s law unenforceable. 

Whitmer’s petition seeks to legalize abortion in Michigan, even if Roe v. Wade is over­turned by the U.S. Supreme Court.

State Rep. Andrew Fink, R‑Hillsdale, responded to Whitmer and  Democrat Michigan Attorney General Dana Nessel.

“No one has the right to take the life of an innocent human being,” Fink said. “Michigan law has always rec­og­nized this, but that doesn’t matter to Gov­ernor Whitmer. If she and Attorney General Nessel won’t defend the sanctity of unborn lives, then my col­leagues and I will instead.”

Pro-life activists in the state said Whitmer has stepped outside the bounds of gov­ernor with this petition.

“Gov­ernor Whitmer is cir­cum­venting normal legal pro­ce­dures and ignoring Michi­gan’s cit­izens in a des­perate attempt to change a law she doesn’t like,” said Christen Pollo, exec­utive director at Protect Life MI. “Gov­ernor Whit­mer’s job is to sign laws, not make them.”

Nessel said in a press release that she sup­ported Whitmer’s efforts.

“Abortion care is an essential com­ponent of women’s health care,” Nessel said. “As this state’s top law enforcement officer, I have never wavered in my stance on this issue, and I will not pros­ecute women or their doctors for a per­sonal medical decision.”