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'You could sue them for providing substandard medical care,' said Litman. Litman said that she doesn't think that the amendment would bar medical malpractice lawsuits against those who bungle abortions. 'Clinical standards of practice and evidence-based medicine don't allow Joe Schmo the dentist or barista to perform an abortion, and so states can restrict that,' Litman said.īursch also said the amendment could shield health care professionals who botch an abortion procedure from liability. Litman pointed to the amendment's definition of a 'compelling' state interest in allowing restrictions to abortion rights. 'All this measure would do is ensure abortion care is not singled out and subject to medically unnecessary restrictions as we know that our Legislature has been motivated to do in the past for political reasons,' she said. Kitaba said that nothing in the amendment 'would prevent regulations that apply to other forms of health care.' 'So whereas in Michigan, abortion was always something that had to be done by a doctor, ironically, this would authorize so-called back-alley abortions where a non-doctor engages in a procedure because no prosecutor would be able to take action against them,' he said.

Late-term abortions are rare and generally occur due to severe complications with a pregnancy.

More: Michigan judge won't step down from abortion case: Argument 'borders on frivolous' Does the amendment create a fundamental right to an abortion at any point during the pregnancy? More: Where Michigan stands after a tumultuous day for abortion rights It hasn't been passed yet, so that is a decision a court will have to make down the road.' 'I can't talk about the legality of that right now because it’s not in front of a court. 'We would have to ensure that those parental consent laws don't unduly burden the constitutional right to abortion, to seek out contraception all of the protections that are in the Reproductive Freedom for All campaign,' she said.

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But Bonsitu Kitaba, deputy legal director at the ACLU of Michigan, previously declined to weigh in on how the amendment would impact parental consent requirements in a June interview with the Free Press. McConnell said that the amendment wouldn't change Michigan's laws on parental consent if adopted. That law requires abortion providers to first seek consent from a parent or legal guardian before performing abortions on a minor or for a minor to petition a court to allow them to undergo the procedure.Īdvocates of the amendment have offered different answers. John Bursch, the former Michigan solicitor general who has provided legal support for the coalition opposing the amendment, said that the amendment would likely nullify Michigan's parental consent law. 'That doesn't mean a 10-year-old can buy a handgun.' She called Michigan's current parental consent requirement 'completely constitutional' under the Reproductive Freedom for All amendment. 'You have a right to a handgun,' Litman said. Leah Litman, a University of Michigan law professor who specializes in constitutional law, noted lawmakers routinely create regulations of rights in the context of children. 'By comparison with an adult, the right of the minor can be subject to a degree of regulation to which adults are not subject,' she said. Nor shall the state penalize, prosecute, or otherwise take adverse action against someone for aiding or assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent.Ī state interest is 'compelling' only if it is for the limited purpose of protecting the health of an individual seeking care, consistent with accepted clinical standards of practice and evidence-based medicine, and does not infringe on that individual’s autonomous decision-making. (3) The state shall not penalize, prosecute, or otherwise take adverse action against an individual based on their actual, potential, perceived or alleged pregnancy outcomes, including but not limited to miscarriage, stillbirth, or abortion. (2) The state shall not discriminate in the protection or enforcement of this fundamental right.

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Notwithstanding the above, the state may regulate the provision of abortion care after fetal viability, provided that in no circumstance shall the state prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual.