In response to the fact that the U.S. Supreme Court may soon overturn Roe v. Wade, returning abortion decisions to the states, Michigan Governor Gretchen Whitmer (pictured) issued an executive order to state departments and agencies to find ways to protect and promote abortion and abortionists.
John Bursch, Senior Counsel for Alliance Defending Freedom, tells AFN that flies in face of state law.
"… Since 1931 and actually going back even further to the mid-1800s, [Michigan has had] a law that protects the life of all unborn innocent infants – and that law is still in place today," the attorney explains. "It was never appealed; but it is modified by the U.S. Supreme Court's Roe v. Wade decision [in 1973]."
Consequently, if Roe is overturned, that life-saving law goes into place – although Governor Whitmer has filed suit.
A 20-year-old state appeals court case held there is no right to abortion as a matter of Michigan law. But as to Whitmer order:
"That's problematic if you're a supporter of democracy," says Bursch, "because you can't have a governor thwarting validly enacted laws and valid judicial opinions by directing the executive bureaucracy to go out and do the opposite of what those things command. And yet, that's the situation we're in in Michigan."
He adds it's one thing to issue an executive order when the law is silent, but another thing altogether when it conflicts with and flouts laws already on the books.