A Michigan Court of Claims judge has entered a provisional order that bars enforcement of a handful of remaining abortion restrictions. The judge ruled the restrictions very likely violate the state constitution under a voter-approved amendment.
Gov. Gretchen Whitmer and the state Legislature’s Democratic leaders were unable to muster the votes to repeal these provisions, but Court of Claims Judge Sima Patel wrote a 50-page opinion that declared the laws appear to run afoul of the reproductive rights amendment adopted by voters in 2022.
Patel wrote the restrictions, including the 24-hour waiting period and a ban on certain licensed professionals dispensing abortion drugs “exacerbate the burdens that patients experience seeking abortion care by increasing costs, prolonging wait times, increasing the risk that the patient will have to disclose the decision to others, and potentially preventing a patient from having the type of abortion that the patient prefers.”
“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,” Sima said in her ruling.
The challenge was filed by Northland Family Planning Center and other abortion providers to get clarity from the courts on the effect of the constitutional amendment.
Physicians say the ruling will stop them from having to turn away patients.
“I will be able to provide care in the way that I wish I had always been able to,” said Dr. Sarah Wallett, the chief medical operating officer for Planned Parenthood of Michigan.
“In my entire career, I have been forced to make my patients wait an arbitrary amount of time dictated by politicians.”
In a statement released by her office, Whitmer also cheered the preliminary ruling.
“Today’s injunction ensures women in Michigan can make their own decisions about their own bodies,” she said.
It was not a total victory for abortion rights advocates. The judge refused to enjoin the law that requires abortion providers to screen patients to ensure they are not being coerced into ending a pregnancy. She said this did not amount to an “undue burden.”
But all these decisions are temporary while the judge considers more arguments before issuing a final ruling that can still be challenged to higher courts.