Republicans Push to Overturn Election Result in Michigan

A group of Republican lawmakers in Michigan and anti-abortion groups have sued state officials in an effort to overturn a constitutional amendment on abortion rights that Michigan voters approved in Tuesday's election.

Several states saw major wins for abortion rights, including Michigan. About 56.7 percent of Michigan voters approved an amendment to the state's constitution that guarantees the "fundamental right to reproductive freedom," which includes abortion care.

Abortion rights have been a major issue across the country since the U.S. Supreme Court overturned Roe v. Wade in the landmark Dobbs v. Jackson Women's Health Organization ruling that ended the constitutional right to abortion in June 2022. Several conservative-leaning states have enacted abortion bans since, including Florida, where Governor Ron DeSantis, a 2024 Republican candidate for president, signed a ban on abortions after six weeks into law.

The lawsuit against Michigan Governor Gretchen Whitmer, Michigan Attorney General Dana Nessel and Michigan Secretary of State Jocelyn Benson filed on Wednesday claimed that the new amendment created a "super-right to 'reproductive freedom.'"

"At no time in our nation's history has such a super-right, immune from all legislative action, ever been created by a popular vote outside of the checks and balances of a republican form of government," the lawsuit says.

Michigan law allows amendments to the state constitution that are approved by a ballot measure.

State House members Gina Johnsen and Luke Meerman were listed as plaintiffs in the lawsuit along with state Senator Joseph Bellino Jr.

Meerman told Newsweek via email, "This challenge re-emphasizes the assertion made last fall that Proposal 3's vague, extreme language would pave the way for dangerous unintended consequences for Michigan citizens—a path that we know is out of step with the will of Michigan voters."

"At issue is the sweeping disenfranchisement both of Michigan voters and of the authority of the legislature in the days and years ahead. I joined in this civil lawsuit challenging the constitutionality of Proposal 3 (aka Art. 1 Sec. 28 of the Michigan Constitution) because Section 28 strips me of my ability as a duly-elected legislator to pass common-sense legislation that protects women, that protects the preborn, that protects parental rights, and that protects the right of conscience of medical professionals," Meerman added.

Newsweek reached out to Johnsen via email and Bellino via phone for comment.

"Michiganders spoke loud and clear in the last election when they voted overwhelmingly to protect the constitutional freedom for people to make their own decisions about their bodies," Whitmer's press secretary, Stacey LaRouche, told Newsweek via email.

"It shouldn't be lost on people that these right-wing organizations and radical Republicans in the Michigan Legislature are cherry-picking courts to try to once again overturn a constitutionally guaranteed right because they can't win with voters."

LaRouche said that Whitmer "thwarted attempts to undermine reproductive rights when the U.S. Supreme Court overturned Roe v. Wade last year, and she will do it again with this lawsuit."

Newsweek reached out to Nessel and Benson via email for comment.

Genevieve Marnon, legislative director of Right to Life of Michigan, one of the anti-abortion groups suing Michigan officials, told Newsweek via email, "States have the right to adopt laws legalizing abortion or granting a state constitutional right to abortion following the Dobbs decision, but not laws or constitutional amendments that violate the Federal Constitution."

"Right to Life of Michigan, along with 15 other plaintiffs, seeks a permanent injunction on the implementation and enforcement of Article 1 section 28 (proposal 3) of the Michigan Constitution," Marnon said.

Barbara Listing, president of Right to Life of Michigan, echoed Marnon's comments, saying that the reproductive rights amendment violates the U.S. Constitution.

"The provisions asserted to be unconstitutional under federal law threaten legal protections for pregnant women seeking healthcare, the rights of physicians to care for patients, and the rights of parents already under attack on many fronts," Listing wrote in a statement.

Abortion rights supporters also saw wins in Ohio, Viriginia and Kentucky.

In Ohio, voters passed a ballot measure that ensured reproductive rights in the state, including abortion access. In Virginia, Democrats took control of the Legislature after Republicans campaigned on enacting a 15-week abortion "limit." Another major win was the reelection of Kentucky Governor Andy Beshear, a Democrat who campaigned on abortion rights. He won against Republican Attorney General Daniel Cameron, who previously defended the state's strict abortion laws in court.

Michigan isn't the only state to receive pushback from GOP members following Tuesday's election.

North Dakota state Representative Brandon Prichard told his followers on X, formerly Twitter, to "ignore the results" of Ohio's election.

"Direct democracy should not exist. Case-in-point: Ohio legalizing the slaughter of babies," he posted early Wednesday. "It would be an act of courage to ignore the results of the election and not allow for the murder of Ohio babies. We are probably 10 years away from this opinion being acceptable though."

Update 11/16/23, 5:28 p.m. ET: This article has been updated with comment from Meerman.