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The new abortion law on Michigan’s ballot this November (1).pdf (62.96 kB)

The new abortion law on Michigan’s ballot this November

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posted on 2023-07-28, 18:28 authored by Delaney Hoke

The Michigan constitution has a law passed in 1931 that criminalized abortions that was overridden by the decision of Roe v Wade in 1973. This law resumed its authority after the overturning of Roe v. Wade left the decision of abortion rights to the states; however, it was struck down in September for violating the right to bodily integrity and equal protection under Michigan’s constitution. GOP Michigan lawmakers have appealed to overturn the decision, stating it was an “extreme judicial overreach.”

A new ballot measure, named Proposal 3, or Right to Reproductive Freedom Initiative, would replace this previous legislation on abortion rights. If passed, it would expand Michiganders’ rights in all aspects regarding pregnancy, including contraception, miscarriage management, and postpartum care, on top of abortion access.

This proposal has been argued as a middle-ground solution to abortion rights; however, critics argue that it goes further than what was legal before Roe v. Wade. The legislative director for Right to Life of Michigan, Genevieve Marnon, says the proposal is “vauge, far-reaching, and undefined.” In contrast, Darci McConnell, a spokesperson for the ballot proposal coalition, says the opponents are “deliberately misrepresenting the proposal to mislead voters.”

Proposal 3 is on the ballot this November, and if it is not successful, the laws around abortion will be decided by state courts and lawmakers.

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American University (Washington, D.C.); Juris Mentem Law Review

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