Updates About Governor

After two days of oral arguments, reproductive rights advocates won a temporary victory on August 19 when Oakland County Circuit Court Judge Jacob Cunningham extended a preliminary injunction on the 1931 law that essentially bans abortion in Michigan.

The preliminary hearing in Whitmer v. Linderman et al. was called by Judge Cunningham after a Court of Appeals (COA) decision in early August that rendered the existing injunction on the 1931 ban only applicable to state law enforcement, not local prosecutors. Quickly following the COA decision, Judge Cunningham granted Governor Whitmer’s request for a temporary restraining order on county prosecutors and called for another hearing on August 17 to review the injunction.

The decision on August 19 reinstates the injunction until after the November 8 election when voters will potentially have the opportunity to vote on a ballot proposal that will enshrine some level of abortion rights in the state Constitution. The court set a pre-trial conference for 9:30 a.m. on November 21.

At this time, any further legal action regarding the constitutionality of abortion would stem from the Michigan Supreme Court; however, it remains unclear as to whether the court will choose to act before the election.

Following the ruling, Governor Whitmer issued a statement saying, “I am grateful for this ruling that will protect women and ensure nurses and doctors can keep caring for their patients without fear of prosecution…” Right to Life of Michigan took to social media to say: “Governor Whitmer is bringing this case because they have never had the votes to change Michigan’s abortion law and doubt they will have the votes in November to add abortion into our constitution. She doesn’t really believe in democracy.”

On Tuesday, July 26, Governor Gretchen Whitmer signed Executive Directive 2022-7 in an effort to reduce crime and gun violence following the passage of the federal Bipartisan Safer Communities Act.

The Bipartisan Safer Communities Act designates funding for local and state governments to combat gun violence. Under the executive directive, state departments are required to designate a representative within 30 days to develop a response to gun violence. The state police will be required to improve their processes for reporting criminal, mental health, and juvenile records, as well as establish the Community Violence Intervention Office, which will coordinate grants for agencies involved in community violence intervention programming.

The directive is effective immediately.

On Friday, July 15, Governor Gretchen Whitmer signed Executive Order 2022-5, which creates the Michigan Parents Council – an advisory body housed within the Michigan Department of Education. The Council must include a diverse representation of seven parents, guardians or family members appointed by the Governor, as well as a representative appointed by the state superintendent, and the Governor’s K-12 policy advisor.

The Council will be charged with convening regional roundtable discussions covering, at a minimum, strategies, and approaches for combating unfinished learning and supporting children’s mental health. Themes and ideas gleaned from the discussions will help inform policy recommendations in the Governor’s next budget recommendation.

A report must be submitted by December 9, 2022. The council will dissolve on March 1, 2023.