State seeking dismissal of federal lawsuit challenging Michigan abortion rights law
(CBS DETROIT) - The Michigan Attorney General's office announced it is seeking the dismissal of a federal lawsuit filed by members of Right to Life Michigan challenging the state's abortion rights law.
The group filed the lawsuit in November 2023 against Proposal 3, which placed the right to abortion care into the Michigan Constitution. Prop 3 was approved by voters in November 2022, resulting in Section 28 Article 1 becoming law.
The lawsuit named Attorney General Dana Nessel, Gov. Gretchen Whitmer and Secretary of State Jocelyn Benson.
In response, the state filed a motion to dismiss the lawsuit on Tuesday, saying the group "lacks standing" and the allegation that Prop 3 violates the constitution is "theoretical."
"No Plaintiff has been regulated or otherwise harmed by [Section 28], nor has any Plaintiff demonstrated that a harm is imminent or at a substantial risk of occurring. While Plaintiffs oppose [Section 28] and the voter-initiated Proposal that led to it, this distaste is woefully insufficient to demonstrate standing," read the motion.
The group will have the option to respond to the motion.
William Wagner, attorney for Right to Life, issued the following statement:
"The U.S. Constitution expressly protects the right of the people to enact public policy through their duly elected representatives. Here proponents of unrestricted abortion used a process where out of state citizens spent millions of dollars to unconstitutionally bypass Michiganders' right to democratic representative governance.
"Prop 3 unconstitutionally deprives parents of their right to direct the upbringing and education of their minor children by excluding parents from decisions regarding the education and medical treatment of their children involving things like abortion and "gender reassignment."
In 2022, the U.S. Supreme Court overturned Roe v. Wade, leaving abortion rights up to the states. In Michigan, it put the state's 1931 abortion ban at the forefront. However, the Michigan Legislature voted to repeal the ban in March 2023.