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Abortion and Reproductive Rights
Consistent with its overarching mission of ensuring the health, safety, and well-being of everyone in the community—and with its commitment to ensuring equal treatment under the law—the Washtenaw County Prosecutor’s Office strongly supports the continued availability of safe, legal, reproductive options, including abortion.
Towards that end, the Washtenaw County Prosecutor’s Office has been heavily involved a number of litigation efforts to ensure continued legal access to abortion in Michigan. Learn more about our efforts by reading our briefs below.
May 2, 2023: Merits Brief Urging Court of Appeals to Overturn Texas Mifepristone Decision
On May 2, 2023, the Washtenaw County Prosecutor’s Office joined 44 cities, counties, and local government entities from across the country on a brief urging the United States Court of Appeals for the Fifth Circuit to overturn a Texas judge’s decision which purported to block mifepristone access nationwide.
Although the Texas judge’s ruling had been temporarily “stayed” by the United States Supreme Court, litigation on the merits of the decision continued. The brief highlighted that mifepristone —one of two medicines most commonly taken for medication abortions—has been approved by the FDA for 23 years, and has been safely used by millions of people. In purporting to overturn the FDA’s approval of mifepristone, the Texas judge substituted his own judgment for the considerable scientific expertise of the FDA. The brief also highlights that the case should never have been allowed to proceed. The plaintiffs in the case are not injured by other people’s use of mifepristone, and thus, under established federal precedent, lack “standing” to file a suit.
The brief therefore urged the Fifth Circuit Court of Appeals to overturn the Texas judge’s ruling, and allow mifepristone to continue to be made available nationwide.
April 14, 2023: Amicus Brief Urging United States Supreme Court to Fully Block Texas Mifepristone Decision
On April 14, 2023, the Washtenaw County Prosecutor’s Office joined 40 cities, counties, and local government entities from across the country on a brief urging the U.S. Supreme Court to fully block a Texas judge’s decision barring mifepristone access from going into effect.
Though the Fifth Circuit Court of Appeals had previously blocked part of the Texas judge’s decision, the brief highlighted that even those portions that the Fifth Circuit would have allowed to go into effect (for example, blocking access to mifepristone by mail) could have catastrophic effects on the health and safety of communities across the country. The brief further highlighted that the lawsuit seeking to block mifepristone should never have been allowed to proceed—because, among other reasons, the plaintiffs lacked “standing” to file a suit.
April 11, 2023: Amicus Brief Urging United States Court of Appeals to Block Texas Mifepristone Decision
On April 11, 2023, the Washtenaw County Prosecutor’s Office joined 27 cities, counties, and local government entities from across the country on a brief urging the United States Court of Appeals for the Fifth Circuit not to allow a Texas judge’s decision blocking mifepristone access to go into effect.
The brief highlights that mifepristone—one of two medicines most commonly taken for medication abortions—has been approved by the FDA for 23 years, and has been safely used by millions of people. In purporting to overturn the FDA’s approval of mifepristone, the Texas judge substituted his own judgment for the considerable scientific expertise of the FDA. The brief also highlights that the case should never have been allowed to proceed. The plaintiffs in the case are not injured by other people’s use of mifepristone, and thus, under established federal precedent, lack “standing” to file a suit.
Furthermore, the brief emphasized that the Texas court was entirely unjustified in issuing an injunction which purported to overturn FDA’s approval of mifepristone. If the Texas court’s ruling goes into effect, the brief contended, it will cause chaos in health systems across the United States, and will cause untold harm to patients nationwide.
September 6, 2022: Amicus Brief Urging Michigan Supreme Court to Place Reproductive Freedom For All Initiative on November Ballot
On September 6, 2022, Prosecuting Attorney Eli Savit filed a brief in the Michigan Supreme Court on behalf of himself and six other elected prosecutors, urging the Supreme Court to place the Reproductive Freedom For All (RFFA) ballot initiative on the November ballot.
The RFFA initiative had been kept off the ballot—even though over 750,000 Michiganders signed petitions in its favor—because two members of the Board of State Canvassers concluded that there was insufficient spacing between the words on circulated petitions. The brief emphasized that the Board of State Canvassers has no legal authority to refuse to certify a proposed ballot amendment due to alleged “spacing” concerns. It further emphasized that, if the will of three-quarters of a million Michiganders could be thwarted by the subjective spacing preferences of two unelected canvassers, public confidence in democracy and the rule of law would suffer.
Finally, the brief highlighted how crucial the RFFA petition is for millions of Michiganders who had their reproductive liberties cast into doubt by the United States Supreme Court’s decision overruling Roe v. Wade. Consistent with the Michigan Constitution, the brief emphasized, Michigan voters must be given their lawfully earned right to vote on the measure.
The brief was joined by Prosecuting Attorneys David Leyton (Genesee County), Carol Siemon (Ingham), Jeff Getting (Kalamazoo), Matthew Wiese (Marquette), Karen McDonald (Oakland), and Kym Worthy (Wayne).
August 23, 2022: Amicus Brief Urging Michigan Court of Claims to Issue Statewide Injunction Against Michigan Anti-Abortion Law
On August 23, 2022, Prosecuting Attorney Eli Savit filed a brief in the Michigan Court of Claims on behalf of himself and six other elected prosecutors, urging the Michigan Court of Claims to issue a permanent injunction blocking both the Attorney General and county prosecutors from enforcing Michigan’s archaic anti-abortion law.
The brief emphasized the chaos that would result if county prosecutors are permitted to prosecute abortion, and emphasized that any court ruling prohibiting the Attorney General from enforcing a state law must also bind county prosecutors.
The brief was joined by Prosecuting Attorneys David Leyton (Genesee County), Carol Siemon (Ingham), Jeff Getting (Kalamazoo), Matthew Wiese (Marquette), Karen McDonald (Oakland), and Kym Worthy (Wayne).
August 12, 2022: Brief in Support of Preliminary Injunction Blocking Michigan’s Anti-Abortion Laws
On August 12, 2022, Prosecuting Attorney Eli Savit filed a brief on behalf of himself and six other Michigan prosecutors in support of Governor Gretchen Whitmer’s request for a preliminary injunction barring county prosecutors from enforcing Michigan’s anti-abortion laws.
The brief emphasized that Michigan’s archaic anti-abortion laws are rooted in historical animus towards women, and thus likely violate the Michigan Constitution’s Equal Protection Clause. The brief further emphasized the cascading consequences of allowing abortion to be prosecuted in Michigan—including adverse health, safety, and economic effects, as well as adverse effects on children and families.
The brief was joined by Prosecuting Attorneys David Leyton (Genesee County), Carol Siemon (Ingham), Jeff Getting (Kalamazoo), Matthew Wiese (Marquette), Karen McDonald (Oakland), and Kym Worthy (Wayne).
August 8, 2022: Amicus Brief Urging Michigan Supreme Court to Block Prosecutors From Enforcing Anti-Abortion Laws
On August 8, 2022, Prosecuting Attorney Eli Savit filed a brief in the Michigan Supreme Court on behalf of himself and six other elected prosecutors, urging the Court to block county prosecutors from enforcing Michigan’s archaic anti-abortion law. The brief came in response to a decision by the Michigan Court of Appeals which suggested that the State Attorney General—but not county prosecutors—was constitutionally blocked from enforcing Michigan’s anti-abortion laws.
The brief emphasized the chaos that would result if county prosecutors are permitted to prosecute abortion. It further emphasized that it is inconsistent with Michigan’s basic legal design for the Attorney General to be constitutionally blocked from enforcing a criminal statute—while county prosecutors remain free to enforce it.
The brief was joined by Prosecuting Attorneys David Leyton (Genesee County), Carol Siemon (Ingham), Jeff Getting (Kalamazoo), Matthew Wiese (Marquette), Karen McDonald (Oakland), and Kym Worthy (Wayne).
August 3, 2022: Brief in Support of Injunction Precluding Enforcement of Michigan’s Anti-Abortion Law
On August 3, 2022, Prosecuting Attorney Eli Savit filed a supplemental brief on behalf of himself and six other Michigan prosecutors in support of Governor Gretchen Whitmer’s request for a temporary restraining order barring county prosecutors from enforcing Michigan’s anti-abortion laws.
The brief emphasized the chaos that could result if prosecuting attorneys were able to enforce Michigan’s abortion laws—and the harm that would be done to doctors, patients, and providers if they face potential criminal prosecution for exercising fundamental healthcare decisions.
The brief was joined by Prosecuting Attorneys David Leyton (Genesee County), Carol Siemon (Ingham), Jeff Getting (Kalamazoo), Matthew Wiese (Marquette), Karen McDonald (Oakland), and Kym Worthy (Wayne).
June 8, 2022: Supplemental Brief In Support of Governor Whitmer’s Abortion Lawsuit
On June 8, 2022, Prosecuting Attorney Eli Savit filed a supplemental Michigan Supreme Court brief on behalf of himself and six other Michigan prosecutors in support of Governor Gretchen Whitmer’s lawsuit seeking to establish a right to an abortion under the Michigan Constitution. The supplemental brief came in response to an order from the Michigan Supreme Court requesting additional briefing as to whether—and when—the Court should take the case up.
The brief supported Governor Whitmer’s position that the case should be taken up immediately. It emphasized the real and imminent threat to abortion rights in Michigan. Among other things, it highlighted the threat that abortion care could be permanently disrupted in Michigan while providers wait for a final decision by the Michigan Supreme Court. It further emphasized that uncertainty as to the constitutionality of Michigan’s abortion law could force doctors to make untenable—and dangerous—medical decisions, putting the health and lives of countless Michiganders at risk.
The brief was joined by Prosecuting Attorneys David Leyton (Genesee County), Carol Siemon (Ingham), Jeff Getting (Kalamazoo), Matthew Wiese (Marquette), Karen McDonald (Oakland), and Kym Worthy (Wayne).
May 3, 2022: Brief In Support of Governor Whitmer’s Abortion Lawsuit
On May 3, 2022, Prosecuting Attorney Eli Savit filed a Michigan Supreme Court brief on behalf of himself and six other Michigan prosecutors in support of Governor Gretchen Whitmer’s lawsuit seeking to establish a right to an abortion under the Michigan Constitution.
The brief urged the Michigan Supreme Court to immediately consider the case. It emphasized that abortion has been recognized as a fundamental right for nearly a half-century—and further emphasized that, if the United States Supreme Court overrules Roe v. Wade, abortion patients, providers, and doctors could be criminalized under an archaic 1931 Michigan law.
The results, the brief emphasized, would be catastrophic. Michiganders could face severe health and economic consequences if their right to an abortion is denied. And, the brief argued, those health, safety, and economic concerns would inevitably come to pass if the Michigan Supreme Court waits to consider the case. Accordingly, the brief urged the Michigan Supreme Court to act swiftly to consider the Governor’s lawsuit, before the U.S. Supreme Court potentially overrules Roe.
The brief was joined by Prosecuting Attorneys David Leyton (Genesee County), Carol Siemon (Ingham), Jeff Getting (Kalamazoo), Matthew Wiese (Marquette), Karen McDonald (Oakland), and Kym Worthy (Wayne).
October 27, 2021: Merits Brief Urging U.S. Supreme Court to Strike Down Texas S.B. 8
On October 27, 2021, Washtenaw County Prosecutor Eli Savit joined nearly 130 elected prosecutors, former judges and attorneys general, and law-enforcement leaders on a brief urging the U.S. Supreme Court to strike down S.B. 8, the Texas law which prohibits abortion after six weeks of pregnancy.
The brief argued that the law violates the constitutional right to an abortion under Roe v. Wade. It highlighted that allowing such an unconstitutional law to stand would severely erode citizens’ confidence in the rule of law. And it emphasized that the law—which deputizes private citizens to enforce it—encourages private citizens to intrusively monitor their neighbors' most intimate of choices. That, the brief argued, is antithetical to a safe and orderly society.
October 8, 2021: Amicus Brief Urging U.S. Supreme Court to Immediately Block Texas S.B. 8
On October 8, 2021, Washtenaw County Prosecutor Eli Savit joined nearly 120 elected prosecutors, former judges and attorneys general, and law-enforcement leaders on a brief urging the U.S. Supreme Court to immediately prohibit enforcement of S.B. 8, the Texas law which prohibits abortion after six weeks of pregnancy.
The brief argued that the law violates the constitutional right to an abortion. In addition, the brief argued, the Texas law’s system of “vigilante justice”—which deputizes private citizens to enforce the law through private suit—undermines public safety by encouraging private citizens to engage in overzealous surveillance of their neighbors’ most intimate choices.
September 20, 2021: Amicus Brief Urging United States Supreme Court to Re-Affirm Roe v. Wade
On September 20, 2021, Washtenaw County Prosecutor Eli Savit—joined by nearly 100 current and former prosecutors, judges, and law-enforcement leaders—filed an amicus brief in Dobbs v. Jackson Women’s Health. That is the case in which the U.S. Supreme Court will decide a challenge to Roe v. Wade, which establishes a constitutional right to an abortion.
The brief urged the Court to uphold Roe. It highlighted that overruling Roe would revitalize laws in many states (including Michigan) that criminalize reproductive freedom. That would create a patchwork of inconsistent and arbitrary laws across the nation, and would divert resources away from protecting communities—and towards senselessly punishing them.
In addition, the brief highlighted that overruling Roe would not end abortion. Instead, it would simply make abortion more dangerous, and put the lives of predominantly poorer pregnant people at risk. Further, the brief emphasized that overruling a canonical case that has been relied upon for the most personal decisions for 50 years will severely erode trust in the legal system.