Michigan judge dismisses challenge to law limiting taxpayer-funded abortions

A Michigan judge ruled last week that a group suing to undo the state’s ban on taxpayer funding of most abortions has no standing to proceed.

Key Takeaways:

• A Michigan judge dismissed the lawsuit, which challenged a state prohibition on Medicaid-funded abortions.

• The state Medicaid program currently covers abortion to save the life of the mother or in cases of rape/incest.

• Judge Brock Swartzle ruled that the group filing the lawsuit — YWCA Kalamazoo — had no standing to do so.

The Details:

The lawsuit seeking to end the state’s prohibition of taxpayer-funded abortion was brought by YWCA Kalamazoo, which pays for abortions for women in the Kalamazoo area.

According to ABC News, the group had argued that if taxpayer funding via Medicaid were permitted for all abortions, around 75% of its clients would qualify. On July 3, Judge Brock Swartzle of the Michigan Court of Claims dismissed the lawsuit, saying that the YWCA had no standing for bringing the suit.

According to The Hill, Michigan’s taxpayer-funded Medicaid program covers abortion in order to save the life of the mother or in cases of rape or incest.

“The YWCA is not an individual and it, as a nonprofit organization, does not have reproductive freedom,” Swartzle said in his opinion. “Further, the YWCA does not provide abortion care and is not directly affected by a law that denies funding for abortions.”

“Even if it could be considered ‘someone’ in a corporate sense, there is no allegation that it was penalized, prosecuted, or adversely acted against by the state,” the ruling added.

Commentary:

Right to Life of Michigan President Amber Rosebloom praised the ruling, noting that though voters previously approved Proposal 3, a constitutional amendment in favor of abortion, it is still within the state’s purview to maintain some regulations around abortion.

“Proposal 3 guarantees access to abortion, not carte blanche funding of elective abortions at the expense of every Michigan taxpayer,” she said. “Moreover, the taxpayer funded program at issue – Medicaid – already pays for abortions to save the life of the mother and for victims of rape, and it will continue to do so. Yet, the abortion lobby is relentless in self-serving efforts to force Michigan taxpayers to pay for elective abortions in the hopes of creating a cash windfall.”

Meanwhile, the ACLU, which represented the YWCA in the case, has said it is “evaluating next steps.”

“This ruling is a major setback in the case and delays justice for hundreds of thousands of Michiganders who rely on Medicaid for their reproductive health care,” an ACLU spokesperson said. “This impact of the law is devastating: it can delay, and even prevent, access to vital health care. We and our clients are evaluating possible next steps.”

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