An appeal is coming in a lawsuit against Michigan’s ban on using state dollars to fund abortion care.
The YWCA of Kalamazoo, which brought the lawsuit with the help of the ACLU of Michigan, argues the ban could prevent Medicaid recipients from accessing an abortion.
The groups say that’s an issue since a state constitutional amendment passed in 2022 guarantees a right to abortion care in Michigan.
“Michigan must fulfill the guarantees of the Reproductive Freedom Amendment for all Michiganders, regardless of how much money they make or the type of health insurance they have," ACLU attorney Ryan Mendias said in a press release. "The court must vindicate the rights that Michiganders voted for and strike down the state's ban on Medicaid coverage of abortion, which unconstitutionally puts this essential care out of reach for far too many low-income people in Michigan.”
The Michigan Court of Appeals dismissed the case earlier this month after ruling that the YWCA of Kalamazoo didn’t have sufficient legal interest in the matter to bring the lawsuit in the first place.
“An actual controversy does not exist between the YWCA and defendants. The essence of the YWCA’s complaint was not to seek a declaration of rights as between the YWCA and defendants. Instead, the YWCA seeks a declaration of its potential future clients’ rights to public funding for abortion care relative to defendants,” Judge Brock Swartzle wrote in his opinion.
Swartzle did not address the matter of whether the 2022 abortion rights amendment should invalidate the public funding abortion ban.
In announcing its appeal, the YWCA of Kalamazoo argued it does have legal standing in the case. That’s partially because of its work to help residents who rely on Medicaid.
