A U.S. district judge has granted a motion to dismiss a lawsuit that sought to stop the enforcement of an amendment to the Michigan Constitution that protects abortion rights.
The amendment in Article I of the state’s constitution says, “Every individual has a fundamental right to reproductive freedom, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.”
Michigan voters approved the amendment, also known as Proposal 3, in the 2022 election, with over 55% voting in favor.
In 2023, Right to Life of Michigan, three Republican state legislators and 11 other pro-life groups and individuals filed a lawsuit challenging Prop 3, arguing it will “harm the standard of health care in Michigan,” court documents said. One of the lawsuit’s plaintiffs was Jane Roe, who was labeled as “a fictitious name on behalf of preborn babies.”
The lawsuit said the amendment violated Article IV, and the First and Fourteenth amendments of the U.S. Constitution.
Michigan Gov. Gretchen Whitmer, Attorney General Dana Nessel and Secretary of State Jocelyn Benson, who were named as defendants of the lawsuit, filed a motion to dismiss in January 2024. Court records show plaintiffs then amended their complaint, which was followed by another motion to dismiss.
The defendants said the plaintiffs lacked standing to sue because they had not been injured by the amendment. Judge Paul L. Maloney agreed with the defendants and granted their motion to dismiss.
“Medical decisions belong to individuals and their doctors, not politicians and special interest groups,” Nessel said in a written statement on Friday.
CBS News Detroit has reached out to Right to Life of Michigan for comment.