LANSING, Mich. — Michigan Attorney General Dana Nessel filed a brief on Wednesday in support of placing the abortion access question on the ballot.
The brief was filed in the Reproductive Freedom For All v Board of State Canvassers case in support of approving the petition, which saw a record amount of signatures from Michiganders.
The Board State of Canvassers deadlocked on the vote to place the proposed constitutional amendment on the ballot on Aug. 30 when the two appointed Republicans on the board voted no and the two appointed Democrats voted yes.
The Republicans voting no on the ballot proposal are citing spacing errors in the petition circulated for the ballot proposal.
The tie vote by the board meant that the measure did not advance to the ballot pending any lawsuits challenging the decision.
And such a lawsuit was filed by the attorneys for Reproductive Freedom for All on Sept. 1. The lawsuit, which was filed via an emergency application, will be heard directly by the Michigan Supreme Court. A decision is required by the submission deadline of Sept. 9 if the question is to appear on the ballot.
“An overwhelming number of Michigan residents signed petitions in support of placing the question of abortion access on the ballot in November,” said Nessel. “Our state constitution provides the people with direct access to the democratic process and that access should not be limited by appointed individuals acting beyond the scope and authority of their duty.”
The brief filed by Nessel, which is essentially additional information or expertise offered by the AG in regards to the case, argues that the Board State of Canvassers overstepped its authority.
“The Board of State Canvassers—a ministerial body without any legal powers or judgment of its own—effectively usurped the Legislature’s authority by refusing to approve the petition, ostensibly because two of the Board’s members thought the word spacing was insufficient. They effectively created and applied legislation. By aggrandizing itself, the unelected Board has treated the Constitution of this State as an advisory document, and stripped the People of their right to amend their Constitution,” argues the Department of Attorney General in the brief.
The petition in support of the Reproductive Freedom for All ballot proposal submitted about 750,000 signatures on July 11. The petition had an estimated 596,000 certified as valid, which is nearly 150,000 more than is required for the proposal to appear on the ballot.
Shortly after the brief was filed by Nessel, a Michigan Court of Claims issued a ruling that Michigan's 1931 anti-abortion law was unconstitutional, permanently enjoining its enforcement.
“Abortion is essential healthcare, and this order ensures access to reproductive care for all Michigan women. While legal victories like today’s preserve access to abortion care for now, ensuring women have the right to make personal healthcare decisions today and in the future must be pursued at the ballot box," said Nessel in a statement regarding the court's ruling.
The ruling was in Planned Parenthood of Michigan v Attorney General of the State of Michigan, which had seen a preliminary injunction on May 17.
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