(CBS DETROIT) – The Michigan Attorney General’s office announced it is seeking the dismissal of a federal lawsuit filed by members of Right to Life Michigan challenging the state’s abortion rights law.
The group filed the lawsuit in November 2023 against Proposal 3, which placed the right to abortion care into the Michigan Constitution. Prop 3 was approved by voters in November 2022, resulting in Section 28 Article 1 becoming law.
The lawsuit named Attorney General Dana Nessel, Gov. Gretchen Whitmer and Secretary of State Jocelyn Benson.
In response, the state filed a motion to dismiss the lawsuit on Tuesday, saying the group “lacks standing” and the allegation that Prop 3 violates the constitution is “theoretical.”
“No Plaintiff has been regulated or otherwise harmed by [Section 28], nor has any Plaintiff demonstrated that a harm is imminent or at a substantial risk of occurring. While Plaintiffs oppose [Section 28] and the voter-initiated Proposal that led to it, this distaste is woefully insufficient to demonstrate standing,” read the motion.