(CBS DETROIT) – A Michigan Court of Claims judge has issued a preliminary injunction blocking abortion regulations, including the 24-hour waiting period, “informed consent” and a ban on advanced practice physicians providing abortion care.
The ruling comes after Northland Family Planning Centers and Medicals Students for Choice filed a lawsuit declaring the three ordinances unconstitutional.
Judge Sima Patel wrote on Tuesday that the rules infringe on reproductive freedom that voters approved two years ago.
“The 24-hour waiting period forces patients into unnecessary delays after being able to consent to a procedure, burdening and violating a patient’s access to abortion care,” Patel wrote.
Patel also wrote that the ban on only a “physician” being able to provide abortion care restricts other providers, including registered nurses, nurse midwives and physician assistants.
“The artificial limitation of available abortion providers creates logistical barriers to abortion access, increasing patient wait times and travel distances. This exacerbates existing provider shortages, resulting in large parts of Michigan currently without physicians to provide abortion care to grant,” the judge said. said.
The case will remain open while the order is in effect.
Abortion rights have been a major issue following the U.S. Supreme Court’s overturning of Roe v. Wade in 2022. Michigan is one of a handful of states fighting against abortion rights.
Nearly 60% of Michigan voters approved Proposition 3, making abortion and other reproductive services a constitutional right. That same year, the U.S. Supreme Court overturned Roe v. Wade. With the passage of Prop 3, Michigan’s 1931 ban was no longer enforceable, but it has resulted in lawsuits. including one of Right to Life in 2023.
Gov. Gretchen Whitmer of Michigan issued the following statement after Tuesday’s ruling:
“Today’s order ensures that women in Michigan can make their own decisions about their own bodies.
“The 24-hour waiting period has no scientific basis. It’s a political roadblock designed to shame and hinder women, often forcing them to pay more to get the care they need or denying them that care altogether. And the legal consent requirement introduced by anti-choice lawmakers is also a misnomer. Any medical procedure, including abortion, already requires extensive conversations between healthcare providers and patients to ensure informed consent. Talk to patients without using a script created by politicians and be able to obtain real consent for medical procedures. And expanding the pool of qualified medical professionals who can provide care will ensure access for all Michiganders.
“By removing these barriers to reproductive health care, we will ensure that Michigan is a state where you, in consultation with your doctor, can make the medical decisions that are best for you and your family.”
Attorney General Dana Nessel also issued a statement Tuesday:
“Today, the Court of Claims ruled that several abortion regulations under Michigan law largely violate Michigan’s constitutional right to reproductive freedom and only ‘aggravate’ abortion.[ ] the burdens patients experience when seeking abortion care.” These laws include a mandatory 24-hour waiting period and uniform informed consent, as well as a requirement that only physicians perform abortions, as opposed to advanced practice physicians such as nurses, certified nurse midwives, and physician assistants.
“These provisions served only to delay and mislead patients, which is contrary to the goals of health care. We applaud the Court for this decision and remain steadfast in our work to protect reproductive care for all Michigan residents .”
