Capitol News

A federal court has dismissed a lawsuit filed by Right to Life of Michigan and other anti-abortion plaintiffs that challenged the right to reproductive freedom in the state. The case, heard by the U.S. District Court for the Western District of Michigan, aimed to overturn Article 1, Section 28 of the Michigan Constitution, which was added after voters passed Proposal 3 in November 2022.

Proposal 3 amended the state constitution to guarantee reproductive rights following the U.S. Supreme Court’s decision in 2022 to overturn Roe v. Wade, which left abortion regulations up to individual states. Before Proposal 3, Michigan faced the possible reinstatement of an older law that banned most abortions except those necessary to save a pregnant person's life.

The Department of Attorney General filed a motion in January 2024 on behalf of Michigan Attorney General Dana Nessel, Governor Gretchen Whitmer, and Secretary of State Jocelyn Benson seeking dismissal of the lawsuit. After plaintiffs amended their complaint, state officials responded again in April 2024 arguing that the claims remained without merit.

Attorney General Nessel said, “Medical decisions belong to individuals and their doctors, not politicians and special interest groups. 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 federal court determined that none of the fifteen plaintiffs had standing and dismissed all claims against state officials.