Judge grants preliminary injunction blocking Michigan's 24-hour waiting period before an abortion
(CBS DETROIT) - A Michigan Court of Claims judge has granted a preliminary injunction blocking abortion regulations, including the 24-hour waiting period, "informed consent" and a ban on advanced practice clinicians providing abortion care.
The ruling comes after Northland Family Planning Centers and Medicals Students for Choice filed a lawsuit seeking a declaration that the three regulations were unconstiutional.
On Tuesday, Judge Sima Patel wrote the regulations infringe upon reproductive freedom that voters approved two years ago.
"The 24-hour waiting period forces needless delay on patients after they are able to consent to a procedure, thus burdening and infringing upon a patient's access to abortion care," Patel wrote.
Patel also wrote that the ban only allowing a "physician" to provide abortion care limits other providers, including registered nurses, nurse midwives and physician assistants.
"The artificial limitation on the available pool of abortion providers imposes logistical barriers to abortion access, increasing patient wait time and travel distances. This exacerbates existing provider shortages, leading to large swathes of Michigan that currently lack physicians to provide abortion care," the judge said.
The case remains open while the injunction is in place.
Abortion rights have been a major topic following the overturning of Roe v. Wade by the U.S. Supreme Court in 2022. Michigan has been one of the few states fighting abortion rights.
Nearly 60% of Michigan voters approved Proposal 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 from Right to Life in 2023.
Michigan Gov. Gretchen Whitmer issued the following statement after Tuesday's ruling:
"Today's injunction ensures women in Michigan can make their own decisions about their own bodies.
"The 24-hour waiting period has no basis in science. It is a political roadblock put in place to shame and inconvenience women, often forcing them to pay more to get the care they need or denying them that care altogether. And the statutory consent requirement put in place by anti-choice legislators is a misnomer too. Every medical procedure, including abortion, already requires extensive conversations between providers and patients to ensure informed consent. Eliminating the statute's requirement for doctors to provide incorrect, unscientific information will ensure they can speak to patients without using a script drawn up by politicians and can get true 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 Michigan is a state where you can make the medical decisions that are best for you and your family in consultation with your doctor."
Attorney General Dana Nessel also issued a statement on Tuesday:
"Today, the Court of Claims held that several abortion regulations under Michigan law are largely inconsistent with Michigan's constitutional right to reproductive freedom and only 'exacerbate[ ] the burdens that patients experience 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 Clinicians such as nurse practitioners, certified nurse midwives, and physician assistants.
"These provisions only served to delay and mislead patients, which is contradictory to the goals of healthcare. We applaud the Court for this decision and remain undeterred in our work to protect reproductive care for all Michigan residents."
