# Appeals court upholds dismissal of Michigan abortion rights challenge  
**Published:** 2026-05-27T17:50:41.000Z  
**Source:** [Nebraska Examiner](https://nebraskaexaminer.com/2026/05/27/repub/federal-appeals-court-affirms-dismissal-of-right-to-life-challenge-to-michigan-abortion-protections/)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://lincolne.news/article/appeals-court-upholds-dismissal-of-michigan-abortion-rights-challenge

A federal appeals court has affirmed the dismissal of a lawsuit filed by Right to Life of Michigan challenging the state's constitutional amendment protecting abortion access, according to [reporting from Nebraska Examiner](https://nebraskaexaminer.com/2026/05/27/repub/federal-appeals-court-affirms-dismissal-of-right-to-life-challenge-to-michigan-abortion-protections/).

The U.S. Court of Appeals for the Sixth Circuit ruled that [the plaintiffs lacked standing](https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0233n-06.pdf) to bring the suit, agreeing with an earlier federal district court decision. Circuit Judge John K. Bush determined that while the plaintiffs alleged injury from the amendment, they failed to demonstrate that their lawsuit would resolve those concerns.

[Proposal 3, approved by Michigan voters in 2022 with 56.66 percent support](https://ballotpedia.org/Michigan_Proposal_3,_Right_to_Reproductive_Freedom_Initiative_(2022)), [enshrined a constitutional right to reproductive freedom](https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/12/14/executive-directive-2022-13) that covers decisions about pregnancy, contraception, and abortion. [The amendment allows the state to regulate abortion after fetal viability, except when necessary to protect the life or health of the pregnant person](https://ballotpedia.org/Michigan_Proposal_3,_Right_to_Reproductive_Freedom_Initiative_(2022)).

Right to Life of Michigan had argued the amendment threatened parental rights related to minors' abortion decisions. The lawsuit also named Governor Gretchen Whitmer, Attorney General Dana Nessel, and Secretary of State Jocelyn Benson as defendants.

"This type of general allegation cannot support Plaintiffs' standing because a state official's general authority to enforce state law cannot satisfy traceability," the court's opinion stated regarding the claims against Whitmer and Nessel.

Nessel said the decision underlined that "decisions about your health belong to you" and that Michigan's constitutional guarantee protects reproductive freedom. Whitmer said she was "proud of this decision, which protects Proposal 3 and affirms the fundamental right to reproductive freedom in our Constitution."

Amber Roseboom, president of Right to Life of Michigan, criticized the decision for focusing on standing rather than the merits of the complaint. "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 in a statement.

The lawsuit was [originally filed in November 2023](https://www.michiganpublic.org/politics-government/2025-10-28/right-to-life-appeals-court-ruling-in-effort-to-restore-parental-consent-abortion-law), with the district court dismissing it in October 2024 on standing grounds before Right to Life appealed to the higher court.

## Sources

- [Nebraska Examiner](https://nebraskaexaminer.com/2026/05/27/repub/federal-appeals-court-affirms-dismissal-of-right-to-life-challenge-to-michigan-abortion-protections/)
- [Circuit Judge John K. Bush's opinion](https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0233n-06.pdf)
- [Michigan Proposal 3 information - Ballotpedia](https://ballotpedia.org/Michigan_Proposal_3,_Right_to_Reproductive_Freedom_Initiative_(2022))
- [Governor Whitmer's Executive Directive on reproductive freedom](https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/12/14/executive-directive-2022-13)
- [Timeline of Right to Life's legal challenge - Michigan Public Radio](https://www.michiganpublic.org/politics-government/2025-10-28/right-to-life-appeals-court-ruling-in-effort-to-restore-parental-consent-abortion-law)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from Nebraska Examiner, enriched with 2 web searches. The original source is available at https://nebraskaexaminer.com/2026/05/27/repub/federal-appeals-court-affirms-dismissal-of-right-to-life-challenge-to-michigan-abortion-protections/.