Nessel files to dismiss lawsuit challenging abortion right
(The Center Square) – Michigan’s legal team has filed a motion to dismiss a lawsuit filed in November by Right to Life Michigan that aims to challenge the right to reproductive freedom.
The Department of Attorney General alleges the 16 plaintiffs including Republican lawmakers and Christian medical associations lack standing to file such a complaint and their claims “fail as a matter of law.”
Following the United States Supreme Court’s 2022 decision to overturn Roe v. Wade, each state legislated abortion. Michigan voters passed Proposition 3 to amend the state Constitution and enshrine within it a right to reproductive freedom.
The federal lawsuit seeks to invalidate and enjoin Section 28 of Article 1 of the Michigan Constitution, which became the law following the passage of Proposal 3.
The lawsuit says Proposal 3 created a reproductive freedom “super-right” immune from legislative action, thereby nullifying the legitimate authority of the legislative branch in violation of the Guarantee Clause of the U.S. Constitution, which guarantees private citizens the right to a republican form of government and thus protects them from the tyranny of the majority.
The complaint says the new law violates the Free Exercise Clause of the First Amendment by overriding any objection on religious grounds to endorsing, providing, or supporting procedures involving “reproduction,” thereby infringing on the rights of conscience and religious exercise protected by the First Amendment.
The lawsuit names Attorney General Dana Nessel, Gov. Gretchen Whitmer, and Secretary of State Jocelyn Benson as defendants.
“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,” Nessel said in a statement. “Our judicial system does not allow individuals to control the behavior of their fellow residents on the basis of conjecture and hypothetical scenarios. My department is steadfast in our support of the health, safety, and wellness of all Michigan residents, including on the issue of reproductive freedom. The People of Michigan have repeatedly shown their support for bodily autonomy under the law, and we will not allow a small contingent of outspoken dissidents to overpower popular consensus as we chart the course for the future of our state.”
The trio of women have campaigned for abortion rights.
“The people of Michigan spoke loud and clear in 2022 and voted to enshrine reproductive freedom into our state constitution,” Benson said in a statement. “This lawsuit doesn’t just say that abortion should be illegal in Michigan, it would take away the voters’ right to amend our constitution through ballot initiatives. This is a fight for our right to self-determination and I’m proud to stand up for Michigan voters’ authority to enact laws when their representatives don’t uphold the will of the people.”
The plaintiffs will respond and the court will determine the next steps.
