Judge blocks Michigan’s 24-hour waiting period before an abortion

A Michigan Court of Claims judge has temporarily blocked three provisions of the state’s abortion laws in response to a lawsuit claiming the provisions are unconstitutional because they conflict with an amendment added to the state Constitution in 2022 that affirms Michiganders’ fundamental right to reproductive freedom.

Judge Sima Patel granted a preliminary injunction on June 25 blocking the state’s mandatory 24-hour waiting period before a patient can have an abortion; the requirement that abortion providers give patients information about fetuses and adoption; and a ban on clinicians other than physicians providing abortions. Patel left in place a provision that requires screening abortion patients to make sure they were not coerced into having the procedure. 

The Center for Reproductive Rights filed the lawsuit in February on behalf of Michigan-based Northland Family Planning Centers and the nonprofit Medical Students for Choice, seeking to overturn the laws in question.

In the 50-page opinion, Patel said the mandatory delay worsened the burdens placed on patients seeking abortion care, such as the costs associated with the abortion, time constraints, and the possibility that a patient might be required to disclose their decision to others or may not be able to have the type of abortion they prefer.

“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,” the opinion reads. “This burdens and infringes upon a patient’s freedom to make and effectuate decisions about abortion care.”

Patel pointed out that medical experts say laws that require that abortions be performed only by physicians make the procedure less accessible. Lifting the provider ban makes it possible for nurse practitioners, certified nurse midwives, and physician assistants to provide abortions. Patel ruled that advanced practice clinicians are capable of providing early abortion care, noting that they provide the same care to patients experiencing miscarriages and provide abortions in other states.

Renee Chelian, the executive director of Northland Family Planning Centers, said in a statement that patients will finally be able to access time-sensitive care without shame.

“Restrictions like those challenged in this case do not serve patients,” Chelian said. “Patients are fully capable of making their own healthcare decisions. While today’s decision is a positive first step, we hope that Michigan patients will never have to face these barriers to care again.”

Michigan Department of Health and Human Services director Elizabeth Hertel, acting director of Michigan Licensing and Regulatory Affairs Marlon Brown, and Attorney General Dana Nessel were named as defendants in the lawsuit in their official capacities.

Hertel, Brown and Nessel all acknowledged that the abortion restrictions are unconstitutional, court documents show. 

“These provisions only served to delay and mislead patients, which is contradictory to the goals of healthcare,” Nessel, a vocal supporter of abortion rights, said in a statement following the court decision. “We applaud the Court for this decision and remain undeterred in our work to protect reproductive care for all Michigan residents.”

Gov. Gretchen Whitmer weighed in too, stating in a press release that the injunction ensures Michigan women can make their own decisions about their bodies.

“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,” Whitmer said.