A group of patients, doctors and advocates is sue Michigan Governor Gretchen Whitmer is arguing in the State Court of Claims for the unconstitutionality of a so-called “pregnancy exclusion” in Michigan law that determines a person’s right to choose end-of-life care.
The court case specifically relates to the Michigan Estates and Protected Individuals Code, which prescribes the process for appointing a patient advocate who can determine an individual’s medical care if he or she is unable to do so. However, pregnancy is an exception to this.
“A patient advocate cannot make a decision about medical treatment under this law [state law] to withhold or discontinue treatment of a pregnant patient that would result in the death of the pregnant patient,” said the statute reads.
The lawsuit, filed on October 23, 2025, alleges that the statute violates the rights to due process and equal protection for pregnant people, as well as freedom of expression.
The lawsuit, filed by Compassion Legal: The End-of-Life Justice Center at Compassion & Choices; If/When/How: Advocates for Reproductive Justice; Perkins Coie LLP; and Mogill & Lemanski, PLLC, also argue that this conflicts with Michigan’s constitutional protections for reproductive freedom, including “the right to make and execute decisions on all matters relating to pregnancy.”
“Denying individuals the right to refuse treatment because they are pregnant is fundamentally inconsistent with the Michigan Constitution,” Jess Pezley, senior staff attorney at Compassion Legal, said in a news release.
Stacey LaRouche, Whitmer’s press secretary, wrote to the Michigan Progress in response to the lawsuit: “Governor Whitmer has been a champion of reproductive freedom and led the fight to protect and expand our rights following the repeal of Roe v. Wadewhile other states did nothing. We cannot comment on pending litigation, but will monitor this closely.”
Dr. Viktoria Koskenoja, an emergency room doctor, and her husband, Sam Holcomb, are both plaintiffs in the case. Koskenoja designated Holcomb as her advocate for her patients if she ever became unable to make her own medical decisions — and included clues about a possible pregnancy in her guidance to him.
“I made the decision to include them anyway because I felt so strongly that my ability to control my own medical care should not be dependent on my pregnancy status,” she said in the press release, despite her attorney encouraging her not to do so.
“When I agreed to become my wife’s patient advocate, I promised that I would speak for her when she could not speak for herself, and that I would respect her most personal decisions,” Holcomb added.
The lawsuit was assigned to Michigan Court of Claims Judge Sima Patel earlier this year knocked down Michigan’s mandatory 24-hour waiting period for receiving abortions.
This story was originally reported by Katherine Dailey for Michigan Advance. Michigan Progress is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Michigan Advance maintains editorial independence. If you have any questions, please contact editor Jon King: [email protected].
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