What exactly will Proposition 3 bring to Michigan?

Dobbs’ decision by the Supreme Court of the United States ended federal legal abortion nationwide. The decision has now been made in the states, and Michigan will decide next week.

On the vote, this is Proposition 3, reproductive freedom for all.Support 3 Pack of 11 1 2 200 00 16 15still001

More than $ 50 million has been spent on this campaign for and against the proposals in the current election cycle. But will it do what voters think?

“The only thing we can say for sure is that we’re not sure how this will turn out,” said John Sellek, Republican strategist and founder of Harbor Strategic.

When the Roe v. Wade case was overturned, Michigan moved back to the 1931 abortion ban. Governor Gretchen Whitmer has filed a lawsuit against this law and we are waiting for a decision. In the meantime, voters can completely circumvent this law by passing the Prop. 3.

“The fact is that when a Dobbs decision leaked, the Republicans could take a position that was widely supported. One that was overwhelmingly majority, ”said Adrian Hemond, Democratic strategist and founder of the Grassroots Midwest. Dial the number. It could be 15 weeks, it could be 18 weeks. The number doesn’t really matter, add a broad list of exceptions and that’s like a 65% proposition to the American public. “

A voting proposal would give each individual a fundamental right to reproductive freedom and the right to make any decisions regarding pregnancy. A very wide offer.

“You cannot take all circumstances into account in a constitutional amendment. The amendment to the constitution is to define broad parameters, and here it declares that there is a right to reproductive freedom, ”said Michael McDaniel, professor of constitutional law at WMU Cooley Law School.

“Voters don’t want to get involved. They don’t like it and can take a look at it the more they hear that 40 laws could be removed, Sellek said. “It could end up in court for a decade.”

“A small group of lawyers have prepared this voting proposal, and it looks very likely it will pass,” Hemond said. “After that, we must expect many years of litigation.”

The wide language allows for many interpretations. This means that the details of abortion standards will be fine-tuned in the legislature or the court. Opponents say that although broad, the language is simple and cannot be changed.

“We need to look at the language to see what is possible, and I don’t think talking about what might happen is extreme or inaccurate,” said Kimberly Hill Knott, member of Democrats Against Prop. “No matter how extreme that sounds. It may not happen, but it can happen. “

Like parental controls; can a minor have an abortion without parental consent?

“Parents have always had the option and are expected to consent to medical treatment for any child under the age of 18,” said McDaniel.

“But that’s not what the proposal says. He says everyone has that right, ”said John Bursch, vice president of appeals advocacy for Alliance Defending Freedom. “The answer, on the other hand, would be that during Roe v. Wade and Casey, there was still parental consent. But that’s because it was a law made by judges and judges could make exceptions to it. The phrase “any person” does not appear anywhere else in the Michigan Constitution or the US Constitution.

Bursch is a former attorney at law of Michigan. He says this tongue is ironclad and allows abortions of up to nine months.

McDaniel is a professor of constitutional law, and language allows states to create boundaries based on profitability.

“In the next sentence, this proposal says that at the point of fetal viability, the state can regulate,” said McDaniel. “There is no talk of strict control at this point, so you have the right, and this is an almost unlimited right, to reproductive freedom before reaching the fetus. This proposal confirms it and it will be written into the constitution. Postnatal viability is when the state can regulate the life of the fetus. ‘

Bursch replies that this is true, but that there are exceptions to the mother’s mental health needs.

“As long as he tells the abortionist that” I’m anxious and upset about having this baby, I think I made a mistake, “the abortionist can check the box and then he can have an abortion, Bursch said.

The interpretation of the law by lawyers and judges for the next decade will be the final say on the matter, but voters will have to interpret the proposal themselves this week.

“They should read the words of the current proposal,” said Bursch. “There will be a 100-word summary on the ballot paper that has nothing to do with the words that are in the actual proposal.”

“I want voters to read this,” said McDaniel, “Read it quite carefully and ignore all the things.”


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