Right to Life, three Republican lawmakers and others filed a lawsuit Wednesday asking the federal courts to intervene and overturn a state constitutional amendment that protects abortion rights in Michigan that won wide support from voters one year ago.
The filing in Michigan’s Western District court Wednesday came a day after Ohio voters passed a similar “reproductive freedom” ballot initiative enshrining abortion rights in its state constitution.
The U.S. Supreme Court in June 2022 ruled abortion laws must be left up to the states, overturning a half-century of federal abortion protections and spurring Michigan voters to approve Proposal 3 in the November 2022 general election, adding the right of a woman to terminate a pregnancy to Michigan's constitution.
Wednesday's lawsuit argues the language approved by voters for inclusion in Michigan’s constitution creates a “super right” to reproductive freedom that conflicts with the First and Fourteenth amendments of the U.S. Constitution and with constitutional guarantees to a “Republican form of government.”
The lawsuit asks for a permanent injunction stopping enforcement of Proposal 3, which is now written into state constitution as the "right to reproductive freedom."
“At no time in our nation’s history has such a super-right, immune from all legislative action, ever been created by a popular vote outside of the checks and balances of a republican form of government,” the filing said.