A Michigan judge ruled Tuesday that the state's 24-hour waiting period and informed consent rules limiting abortion were unconstitutional.
The waiting period allows abortionists to consider their option before the procedure, voted for the state constitution by Michigan voters in 2022 and then challenged in a 2024 lawsuit filed by abortion rights groups.
The mandatory delay increases the burden on patients to seek abortion care, including increasing costs, extending waiting times, increasing the risk that patients must disclose their decisions to others, and potentially forcing the patient to have a more invasive procedure of medications in her view to create a more invasive procedure,” the claim judge wrote in her opinion.
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At the “Restoration Roe” rally in Lansing on September 7, 2022, pro-selected supporters gathered outside the Michigan State Capitol. (Jeff Kowalsky/AFP via Getty Images)
Patel also ruled that it is unconstitutional to ban nurse practitioners, certified nurse midwives and physician assistants from performing abortions.
Michigan Governor Gretchen Whitmer said in an article on X that she was "happy" by the decision.
"I am pleased to say that the Michigan claim court has seen these restrictive provisions: excessive violations of the constitution, which violates our constitutional right to make our own reproductive health decisions," Whitdru wrote. "Today's rule reiterates what we already know: reproductive health decisions belong to patients and their doctors, not between the government. I am proud to know that we can celebrate this Women's Health Week by protecting and expanding the fundamental rights and freedoms of women."
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Michigan Governor Gretchen Whitmer attended the Clinton Global Initiative Annual Meeting on September 24, 2024 in New York City. (John Nation/Getty Pictures)
Paul Long, president and CEO of the Michigan Catholic Conference, said the proposal aims to grant constitutional protection to industries that give women health and safety and health and life before birth.
"This decision is a tragic reminder that the normalization of abortion in Michigan exists in the damage of about 31,000 children each year, who will never have the opportunity to experience the gifts and blessings of life," Long wrote in a statement. "Now, more than ever, we encourage others to truly cherish and protect the human life at every stage (from conceived to the end of nature) in a world where people are expected of love and care, and are able to get maternal needs, no matter what the pregnancy is.
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Michigan Capitol Building in Lansing (AP Photo/Carlos Osorio, File)
The court upheld a rule that requires abortion providers to screen for signs of mandatory conduct.
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If the decision is appealed, the case will be promoted to the Michigan Court of Appeals.