LANSING – Michigan Attorney General Dana Nessel filed a brief in the Court of Appeals today, opposing the application for leave to appeal filed by attorneys for the People of the State of Michigan in Northland Family Planning Center, et al v. Nessel, et al.
The lawsuit argues that the passage of Proposal 2022-3, now part of Article 1, § 28 of the Michigan constitution, has rendered several statutory regulations on abortion unconstitutional. The Department of Attorney General has established a conflict wall on this matter. A team of assistant attorneys general, led by Deputy Solicitor General Eric Restuccia, has been assigned to defend the challenged provisions and intervened on behalf of the People of the State of Michigan. Despite being named a defendant in her official capacity, Attorney General Dana Nessel agrees that the challenged provisions are likely unconstitutional and did not oppose the preliminary injunction enjoining enforcement of these laws. This injunction is now being appealed by the team defending these provisions.
The provisions subject to the injunction include “24-Hour Delay,” “Mandatory Biased Counseling,” and “Provider Ban” contained in the Public Health Code.
“The injunction barring enforcement of these select provisions is proper, as the Court correctly agreed that the challenged laws are likely unconstitutional,” said Nessel. “I remain committed to defending the reproductive freedoms Michiganders deserve and emphatically supported enshrining them in our state constitution.”
Attorney General Nessel argued in her brief that Article 1, § 28 of the Michigan constitution does not incorporate any “undue” or “substantial” burden analysis as contended in the application for appeal but instead prohibits any denial, burden, or infringement on abortion rights unless it meets a compelling interest test. This test sets forth a strict scrutiny standard that requires overcoming significant legal hurdles to impose any abortion regulations pertaining to pre-viability pregnancies.
Plaintiffs also sued Department of Health and Human Services Director Elizabeth Hertel and Department of Licensing and Regulatory Affairs Director Marlon Brown.
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