Michigan Supreme Court Justice visits Gaylord, talks abortion and voting matters
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GAYLORD — Richard Bernstein and his fellow justices on the Michigan Supreme Court will soon become involved in two contentious issues: abortion and election laws.
“(Abortion) is one of those key issues where ultimately the (state supreme) court will have to look at the statute, the constitution and all of the issues. At the end of the day the last word on this will be made by my court,” Bernstein said.
Bernstein was in Gaylord Monday to speak with members of the Otsego County Democratic Party. Because judges are encouraged not to comment on pending litigation, he was guarded in his comments on abortion and voting measures involving the Board of State Canvassers last week.
An abortion-rights group urged the state Supreme Court to approve a November ballot question on whether a right to abortion should be enshrined in the state constitution. Reproductive Freedom for All filed its request with the high court after the state canvassing board rejected the ballot question by voting 2-2 along partisan lines. A pair of Republican commissioners cited what they called run-on words and spacing errors in objecting to the petitions calling for the ballot question.
The Supreme Court has until Friday, Sept. 9 to decide whether the proposal will make the ballot.
Abortion-rights supporters say it’s important for state residents to be able to weigh in on the abortion question, especially because of a 1931 law that would ban all abortions except to save the life of the mother that abortion opponents had hoped would be triggered by the U.S. Supreme Court’s reversal of Roe v. Wade in June. The law has been blocked by months of court battles.
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“This is not just about an abortion,” Bernstein said. “This also can affect assisted pregnancies, in vitro fertilization and scientific research.”
Meanwhile, supporters of an effort to expand voting opportunities also asked the state Supreme Court to place a proposed constitutional amendment requiring nine days of in-person early voting, state-funded absentee ballot drop boxes and postage for absentee ballots and applications.
The move came after the Board of State Canvassers again deadlocked 2-2 on placing the matter before voters on Nov. 8.
Once again to avoid commenting directly on pending matters before the court, Bernstein noted the complexities of voting and elections.
“A presidential election is basically 50 separate state elections,” Bernstein said. “It’s up to each individual state to determine how it will run an election. The Michigan Supreme Court will have to determine the constitutionality of a number of different electoral processes.”
Bernstein is seeking another term on the state high court. He became the first blind justice elected by voters in 2014.
Bernstein is also scheduled to attend an Emmet-Charlevoix Bar Association luncheon on Sept. 7 in Petoskey.
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