An anti-abortion rights group filed a notice Tuesday with a federal appeals court that it plans to fight for the right to challenge parts of Michigan's 2022 voter-approved reproductive rights amendment to the state constitution.
Right to Life of Michigan has to get a ruling from the U.S. Sixth Circuit Court of Appeals that it has standing to sue. That’s after a federal judge in Grand Rapids ruled last month that the organization lacks standing.
The reproductive rights amendment appeared on the state’s 2022 ballot as Proposal Three.
“So, we’ve never even gotten to the merits of whether Proposal Three violates the federal Constitution at all,” said Genevieve Marnon, legislative director for Right to Life of Michigan. “This is just who has the right to bring a lawsuit.”
Legal standing is a critical element of a lawsuit. It requires a party to show a direct interest in a case and that they will or likely will suffer a harm without court action.
Right to Life of Michigan intends to argue its standing derives from the fact that it was the driving force behind a 1993 petition initiative, now superseded by the reproductive rights amendment, to require parental consent for most minors seeking abortions, said Marnon.
“Right to Life of Michigan — maybe you remember, maybe you don’t — was instrumental in the passage of the Parental Rights Restoration Act, as it’s called, gathering thousands and thousands of signatures to get the law before the Legislature,” she said. “So, we have a particular interest in the law.”
Right to Life will file briefs detailing its case within 30 days. The state will then have a chance to respond.
Four parents are also parties to the appeal, which was narrowed to focus on the parental consent law.
Plaintiffs to the original action, including legislators, clinics and medical professionals opposed to abortion rights were dropped from the lawsuit, along with Jane Roe, “a fictitious name on behalf of preborn babies.”
The original challenge alleges Proposal Three created an unconstitutional “super right” to reproductive freedom in violation of the First Amendment, the 14th Amendment and the Guarantee Clause of the U.S. Constitution.
Danny Wimmer, press secretary for Michigan Attorney General Dana Nessel, said she expects the appeals court will uphold the state’s position.
“We are confident that the District Court correctly dismissed Plaintiffs’ complaint for lack of standing and the Michigan Department of Attorney General will continue to fight to protect the constitutional right to reproductive freedom,” he wrote in an email to Michigan Public Radio.
Governor Gretchen Whitmer is a named defendant in the case. Press Secretary Stacey LaRouche said in a text message: “Governor Whitmer has been a champion for reproductive freedom, and led the fight to protect and expand our rights following the repeal of Roe v. Wade, when other states did nothing. We cannot comment on pending litigation, but will be following this closely.”
