LANSING, Mich. (Michigan News Source) — A new lawsuit is taking aim at a Michigan law that protects unborn children by keeping pregnant mothers on life support even when their advance directives say otherwise.

Filed Oct. 23 in the Michigan Court of Claims, Koskenoja v. Whitmer challenges the state’s so-called “Pregnancy Exclusion,” which bars patient advocates from authorizing the withdrawal of life-sustaining treatment if doing so would end the pregnancy.

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The plaintiffs—a group of women, doctors, and patient-rights advocates—argue the rule violates Michigan’s constitutional protections for reproductive freedom and due process.

“Our plaintiffs are simply asking for the same rights the Michigan Constitution guarantees all Michiganders,” attorney Jess Pezley of Compassion Legal said.

Michigan has no living-will statute, meaning most residents rely on medical power-of-attorney designations to express their end-of-life wishes. The law overrides those directives if the patient is pregnant, regardless of viability or medical condition.

Notably, Michigan’s 2022 constitutional amendment permits abortion through all stages of pregnancy if deemed medically necessary by a physician—placing the state’s end-of-life policy for pregnant women in stark contrast to its abortion laws.

Similar “pregnancy exclusion” laws remain on the books in more than 30 states, according to WLNS 6 News.