The U.S. Court of Appeals for the Sixth Circuit affirmed a lower court’s dismissal of the case, ruling that Right to Life of Michigan and the other plaintiffs lacked standing to sue Democratic state officials, including Attorney General Dana Nessel, Governor Gretchen Whitmer, and Secretary of State Jocelyn Benson.

Proposal 3 survives another court fight.

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Proposal 3 was approved by Michigan voters in 2022 after the U.S. Supreme Court overturned Roe v. Wade. The amendment added a constitutional right to reproductive freedom in Michigan and blocked enforcement of the state’s old abortion ban.

Nessel called the lawsuit “a procedurally flawed, meritless, and politically motivated attack on reproductive rights” in a statement on May 27.

“Although a loud faction remains determined to undermine bodily autonomy, the Michigan Constitution guarantees that decisions about your health belong to you,” Nessel said in her recent press release.

Governor Whitmer praised the Court of Appeals ruling as protection for what Democrats describe as reproductive freedom. “In Michigan, we’ll always fight like hell for your rights,” Whitmer said.

However, that statement appears to clash with Planned Parenthood of Michigan’s recent plea to the governor for emergency taxpayer assistance. Earlier this month, the organization warned that clinic closures and reduced services could be on the horizon unless Governor Whitmer finds a way to direct $5 million toward the group after federal funding cuts and Medicaid-related losses left the organization in financial trouble. Rather than taking a firm public stance on the bailout request, Whitmer has largely passed the buck to lawmakers, even as Planned Parenthood warns that some of its Michigan operations could be on the chopping block without state intervention.

Right to Life focused on parents’ rights.

Right to Life of Michigan argued in their recent press release that the case was not truly decided on its merits but instead dismissed over legal technicalities tied to standing.

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Right to Life President Amber Roseboom, exclaiming disappointment with the court ruling, said the organization’s appeal focused on concerns that Proposal 3 could eventually weaken parental rights involving minors seeking abortions.

“Our narrow appeal sought to challenge the overreach of Proposal 3 and the threat it poses to parental rights related to a minor child’s decision to seek an abortion,” Roseboom said. She added that Michigan’s parental consent law for abortions “remains in Michigan law and is supported by the large majority of Michigan voters.”