Capitol News

An executive order by Michigan Gov. Gretchen Whitmer that banned many elective medical procedures has left open the door to all abortions, igniting a controversy over how Whitmer decides what is or is not essential.

Whitmer’s executive order directed the postponement of a variety of dental procedures such as crowns and dentures, as well as any non-essential medical procedures. However, it gives an exemption for "pregnancy-related visits and procedures.” And it is under that exemption that Michigan abortion clinics are continuing to operate.

James Distelrath, state director for the Convention of States Project, said that the biggest problem with Whitmer’s order is the arbitrary nature of the distinctions she draws.

If some procedures are going to be prohibited and others not, the state should be using a risk-based approach dealing with the safety of the activity, he said.

“Saying one thing is elective and one is essential – she’s not a doctor. She shouldn’t be choosing,” Distelrath said.

Instead, Whitmer is placing herself between doctors and their patients, deciding for them what is necessary, he said, adding that this is the kind of intrusion most abortion advocates object to in the first place.

Ultimately, Distelrath said there should be less government interference with medical professionals doing the jobs and making the decisions for which they are trained. But, if there is interference, he said, it should at least not draw lines based on an executive’s personal beliefs.

“You should have fewer restrictions and let people use their own common sense,” he said. “But if there are going to be more restrictions in order to save the lives of people, you should be more consistent.”

Right to Life Michigan has pushed for Whitmer to explicitly declare elective abortions non-essential.

In a news release, the organization cited both the scarcity of medical protective equipment and the potential for coronavirus to be spread inside abortion clinics. It also noted that complications from an abortion can lead to further medical attention or surgery.

On its website, Planned Parenthood of Michigan has detailed coronavirus-specific precautions, including a prohibition on non-patients entering their facilities. There is an exception for parents accompanying a minor into the clinic.

Nearby Ohio is one of several states that has included elective abortions among non-essential medical procedures. Even abortions related to medical necessity – or those where a delay would prevent the termination of a pregnancy – are only allowed due to a temporary restraining order from a federal judge against an outright ban on all abortions in the state.