A federal appeals court this week upheld a lower court’s dismissal of a lawsuit brought by Right to Life of Michigan challenging a 2022 constitutional amendment that added the “right” to abortion.
The decision affirms the district court’s September 2025 holding that Right to Life of Michigan and the other pro-life entities, politicians, and individuals involved in the suit lacked standing to challenge the amendment.
As Zeale News previously reported, the original complaint, filed against Democrats Gov. Gretchen Whitmer, Attorney General Dana Nessel, and Secretary of State Jocelyn Benson, argued that the amendment created an unconstitutional “super-right” to abortion.
During the appeals process, however, the pro-life plaintiffs narrowed their argument, hoping to establish standing on the grounds that the amendment threatens parental rights by allowing minor girls to obtain abortions without their parents’ consent.
According to News From The States, the Sixth Circuit Court of Appeals held that the complaint was not sufficiently specific and failed to demonstrate how the officials named in the suit would be able to resolve the pro-lifers’ concerns.
The court ruled that state officials’ general authority to enforce the law was not enough to be sued and the pro-lifers failed to show a direct connection between the officials’ actions and the alleged injuries.
In a statement, Nessel called the lawsuit “procedurally flawed, merciless, and politically motivated" and highlighted Michigan’s commitment to “bodily autonomy” and “reproductive rights.”
Right to Life of Michigan President Amber Roseboom said the decision was “disappointing” but noted that the ruling was based on standing rather than the challenge’s actual merits.
“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,” she said.
Roseboom said the state still requires parental consent for abortion and most Michigander voters favor retaining that protection of life.
“The radical left is hell-bent on creating a wedge between parents and their children when it comes to abortion, gender identity and sex education,” she remarked, “and will use anything, including Proposal 3, to do so.”