Judge dismisses lawsuit challenging pro-abortion Michigan amendment

A federal judge has dismissed a lawsuit challenging a Michigan amendment that enshrined abortion as a constitutional "right."

Key Takeaways:

• A federal judge has dismissed a lawsuit challenging a Michigan amendment that enshrined the "right" to abortion in the state's constitution.

• The judge ruled that the plaintiffs, which included Right to Life of Michigan, had no standing to sue.

The Backstory:

In 2022, Michigan voters approved Proposal 3, which states:

"Every individual has a fundamental right to reproductive freedom, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care."

Following the amendment's passage, several groups and individuals, including Right to Life of Michigan, state Reps. Gina Johnsen (R-Portland) and Luke Meerman (R-Coopersville), and state Sen. Joseph Bellino, filed a lawsuit saying that the amendment violated the federal charter.

According to Michigan Advance, they "argued the measure reduces legal protections for women, deprives parents of the ability to make decisions about medical treatment for their children and burdens the free exercise of religion, violating the First Amendment and the 14th Amendment of the U.S. Constitution."

Following the lawsuit, Michigan Gov. Gretchen Whitmer, Attorney General Dana Nessel, and Secretary of State Jocelyn Benson, who were all named as defendants in the suit, filed a motion to dismiss, arguing that the plaintiffs had no standing.

The Pro-Life Reply to: "Abortion is a Constitutional Right"

The Details:

Last week, Judge Paul Maloney of the U.S. District Court Western District of Michigan’s Southern Division, dismissed the lawsuit, agreeing with the motion of the defendants.

"The allegations in the complaint fail to establish standing for any individual plaintiff. The allegations also fail to show a direct injury to any organization. Because none of the individual plaintiffs have standing, the organizations cannot show standing based on standing of their members," Maloney wrote.

“Medical decisions belong to individuals and their doctors, not politicians and special interest groups,” said Nessel following the ruling. “This ruling is a reminder that our Constitution and the will of Michigan voters cannot be struck down because anti-abortion individuals don’t like the outcome. My office will continue to defend Michiganders against attempts to roll back their rights and protect bodily autonomy.”

The Bottom Line:

Amber Roseboom, president of Right to Life of Michigan, said her organization will continue to fight for preborn children and their families.

“That means ensuring each and every woman facing an unplanned pregnancy in Michigan has the care and support she needs to make a choice for life for her unborn child if she would like to do so,” Roseboom said. “That means doing all we can to support couples looking to grow their families by removing economic barriers.”