In a recent judicial decision, the U.S. 6th Circuit Court of Appeals confirmed a lower court’s ruling to dismiss a lawsuit concerning abortion rights initiated by Right to Life of Michigan. The lawsuit challenged the constitutional amendment known as Proposal 3, which was approved by 56% of Michigan voters in 2022, adding reproductive rights, including abortion, to the state’s constitution.
Right to Life of Michigan, along with other groups, filed the suit in 2023 against Governor Gretchen Whitmer, Attorney General Dana Nessel, and Secretary of State Jocelyn Benson. The plaintiffs argued that the amendment contravenes aspects of the U.S. Constitution, and the named state officials are accountable for its enforcement.
A federal district court initially dismissed the case, citing a failure to connect any alleged damages directly to the officials. The 6th Circuit Court supported this dismissal, aligning with the lower court’s perspective.
Amber Roseboom, President of Right to Life of Michigan, expressed disappointment, stating, “While the decision from the 6th Circuit Court of Appeals is disappointing, it is based entirely on what is known as ‘standing,’ without addressing the merits or specifics of the actual challenge.”
Michigan Attorney General Dana Nessel applauded the court’s action, declaring, “From the start, this lawsuit was a procedurally flawed, meritless, and politically motivated attack on reproductive rights that Michigan voters overwhelmingly supported. I am relieved that the Court has once again rightly rejected this unfounded challenge.”
The future steps of Right to Life of Michigan and other plaintiffs remain uncertain as they have not yet indicated whether they will take the case to the U.S. Supreme Court.
For further details, see the lower court’s dismissal and the 6th Circuit’s opinion.
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