Detroit Democrat says she'll vote against key abortion bills, potentially blocking passage

Lansing — A Detroit Democrat vowed Wednesday to vote against several key elements of a package of bills repealing regulations on abortion, endangering a priority Democratic Gov. Gretchen Whitmer outlined in a recent policy speech.

Rep. Karen Whitsett said she will not support legislation that allows for Medicaid funding of abortions nor will she support repeals of Michigan's 24-hour waiting period and current regulations treating some abortion clinics as surgical outpatient facilities. Any bills tie-barred to those provisions also will get a no-vote, Whitsett said.

Whitsett's unwillingness to support the bills spells trouble in the House, where all 56 Democratic members are required to approve controversial legislation. Without Whitsett or a Republican voting in favor of the change, the bills will fail.

"I will not vote and fund Medicaid abortions, that's not gonna happen," Whitsett said. She added on the state's 24-hour waiting period: "I do not think it is too much to ask when someone's terminating a life, a 24-hour pause to be able to say for sure this is the decision you want to make. 24 hours is not too much."

Whitsett said current regulations for abortion clinics labeled as surgical facilities are reasonable and she worried Medicaid funding for abortions would divert funding from low-income seniors, who are at times “one prescription drug away from any situation.”

The repeal of the ban on Medicaid coverage of abortions would increase state Medicaid costs by between $2 million and $6 million, according to an analysis by the nonpartisan House Fiscal Agency. It's not clear how or if that additional funding would affect senior Medicaid access.

Whitsett said she believes in safe and healthy access to abortion, but believes the rules currently in place still provide that access. The lawmaker said she has been pressured by her caucus to change her vote.

"I didn’t get here to do an easy job," Whitsett said. "I have a district to represent and it’s diverse. People who I have talked to in the community, this is what they want.”

Amber McCann, a spokeswoman for House Speaker Joe Tate, D-Detroit, said Wednesday that Whitsett has "been known to change her mind." Sponsors of the abortion legislation are working with Whitsett to find common ground, McCann said.

"There have been many issues that have come before the House that the speaker has been successful in getting 56 votes for and I don't doubt (Tate's) ability to do that for any item we bring on the board," McCann said.

"I would say that it's a false choice that extending full healthcare to one group of people somehow then diminishes the ability to care for another group of people," McCann added.

Michigan Planned Parenthood Advocates, the political advocacy arm of the abortion provider, on social media called Whitsett's stance a "betrayal" and listed the lawmaker's phone number and email to encourage voters to contact her.

"Every time someone must drive over 7 hours to access abortion, has to reschedule their appointment over a timestamp, or worries over how they will pay, Rep. Whitsett will be responsible," the group said on social media.

Whitmer has endorsed the Reproductive Health Act, signaling specific support in a "What's next" speech last month for the repeal of the 24-hour waiting period. She sent out a statement Wednesday celebrating passage of some of the bills out of committee and urged the Legislature to pass the bills.

"We must ensure that they can access the reproductive health care they need without delay, without paying high costs out of pocket, and without fear of prosecution for experiencing a miscarriage or a stillbirth," Whitmer said in a statement.

Whitsett has been known to ruffle feathers among Democratic colleagues in the past. In the early weeks of the pandemic, Whitsett met with President Donald Trump and Vice President Mike Pence and credited hydroxychloroquine for saving her life when she had COVID; she was later censured by the 13th Congressional District Democratic Party Organization. The censure led to a lawsuit that was later dropped. About a month before the pandemic, Whitsett told WWJ radio (950 AM) that then-House Minority Leader Christine Greig of Farmington Hills was a racist because she wouldn’t consider an urban agenda for the Democratic caucus.

Health policy passes abortion bills

Whitsett voiced her opposition to the legislation after the House Health Policy Committee voted to move six of 11 bills contained in the Reproductive Health Act from committee. Whitsett was the lone Democratic no-vote on them; on a sixth, Rep. Alabas Farhat passed on the vote.

The proposed legislation would put into state law the constitutional language enshrining abortion access that was approved by voters in November and repealing several regulations they say are in conflict with that access. Supporters have said the legislation repeals rules meant only to impede access to abortion; opponents have said the regulations up for repeal ensure the health of the pregnant woman.

Rep. Julie Rogers, D-Kalamazoo, said she knew Whitsett had concerns about the legislation but was unaware until Wednesday that she intended to vote against all of the bills.

She said Whitsett’s no-vote does not automatically mean the bills will be blocked, noting two Republican lawmakers voted for legislation earlier this year that repealed the state’s 1931 abortion ban.

“It’s on the table as a possibility,” Rogers said of Republican support. She said she couldn’t speak to whether Democrats had any commitments for Republican support.

Rep. Tom Kunse, R-Clare, when asked about the possibility a Republican would peel off to support the bill, responded: "She is mistaken."

"I haven't seen any indication of that," Kunse said Wednesday.

Michigan laws currently prohibit the use of Medicaid funding for elective abortions and mandates private health plans require a rider with an added premium for abortion coverage.

Michigan law requires women seeking an abortion to read through materials on abortion, fetal gestation and potential complications roughly 24 hours ahead of an abortion. They are required to sign a time-stamped attestation to prove they've read the materials. The law also requires physicians to screen women seeking an abortion for signs of coercion.

Michigan building code regulations also require clinics providing more than 120 surgical abortions a year to be licensed as freestanding surgical outpatient facilities, which mandates several stringent benchmarks related to hallway widths, ceiling heights and HVAC standards.

eleblanc@detroitnews.com