Michigan – In November 2022, Michigan voters voted in favor of protected abortion rights in the state, taking the opposite direction of many Republican-led states that ban abortion and left their residents to seek alternatives outside of their states. Michigan voters approved the ballot proposal enshrining abortion rights in the state Constitution, by 57%–43%. Despite this, Republicans continue to push and do everything in their power to overturn this law.
Right to Life of Michigan tries to overturn the measure with a lawsuit filed last November
Right to Life of Michigan, an organization that describes itself as “a society that welcomes and supports life at all stages” on their website, filed a lawsuit a few months ago against a protected abortion rights law in Michigan. The lawsuit argues to “protect and vindicate fundamental constitutional rights” as a “civil rights action” against Proposal 3, the state constitutional amendment that added the right to reproductive freedom to state law.
Right to Life of Michigan filed a lawsuit alleging that a sizable amount of money that allegedly came from outside the state funded the entire campaign in the months leading up to the election. The lawsuit further claims that the proposal was purposefully “deceptive” to voters, who were later not able to fully understand their choices.
Michigan Attorney General Dana Nessel responded to the lawsuit Monday
This lawsuit now forced Michigan Attorney General Dana Nessel to take action, as she asked the court to dismiss the lawsuit. Speaking to the Michigan Advance on Tuesday, she explained that the plaintiffs lack standing to file such a complaint and that even if plaintiffs could prove sufficient standing, their claims “fail as a matter of law.”
“The plaintiffs in this case seek to undermine the will of Michigan voters, whose overwhelming support for Proposition 3 in the wake of Roe being overturned ensured that the people of our state are guaranteed agency over their own personal medical decisions,” said Nessel. “Our judicial system does not allow individuals to control the behavior of their fellow residents on the basis of conjecture and hypothetical scenarios.”
Nessel’s office contended in a 67-page filing in the state’s Western District that the legal challenge’s claims were “anchored in speculative future events” and that fetuses don’t possess equal protection rights under longstanding court precedent.
Michigan Attorney General is hopeful that the court will dismiss the lawsuit
Nessel further explained that she expects the court to not overturn the measure, citing the number of people who decided to take part in the voting and supporting the measure Michigan now has in place. According to Nessel, if the court overturns the measure, such a measure would be a real threat to democracy, and its damaging effects would be so significant that they would go beyond calculation.
The lawsuit filed by Right to Life of Michigan a year after Michigan voters voted in favor of the current measure, with Nessel, Gov. Gretchen Whitmer, and Secretary of State Jocelyn Benson as the defendants. On Tuesday, Michigan Attorney General Dana Nessel formally filed the response on behalf of everyone mentioned in the lawsuit, including Gov. Gretchen Whitmer and Secretary of State Jocelyn Benson.
Republicans push for federal abortion ban
Republicans from all across the nation, especially those coming from GOP-led states that have already imposed abortion bans, are going even further, looking for ways to impose abortion bans on federal levels. This, according to Nessel, is very serious, and voters should definitely take this into consideration when they decide who they will vote for president later this year.
“This fight is never over. And as soon as you disengage, as soon as you stop voting, those rights that you worked so hard towards will be eviscerated — and not just when it comes to abortion,” Nessel said to Michigan Advance, noting her concerns over birth control, fertility treatments and more being attacked in the future.
While Michigan AG Nessel is confident that the court will dismiss the lawsuit, a decision that Democrats in Michigan will take as a win, Right to Life of Michigan officials said that they are not surprised by AG Nessel’s legal steps taken on Tuesday. They, however, remain hopeful that the court will overturn the measure and rule in their favor.