The Michigan Court of Claims held on May 13 that state laws requiring informed consent for abortion violate the unlimited right to “reproductive freedom” that voters placed in the Michigan Constitution in 2022. This is the first of many lawsuits using these radical state charter provisions to dismantle any limits on abortion and a host of other things.
Several months after the U.S. Supreme Court held that the U.S. Constitution has never protected a right to abortion, Michigan voters added the Reproductive Freedom for All provision to their state constitution, stating that every “individual” has “a fundamental right to reproductive freedom.” It prohibits any burden on this right “unless justified by a compelling state interest achieved by the least restrictive means.”
At the time, pro-life advocates warned that this constitutional amendment would be even…
