Judge issues temporary injunction to lift 24-hour waiting period before abortion in Michigan

(CBS) – A Michigan Court of Claims judge has issued a temporary restraining order blocking abortion regulations, including the 24-hour waiting period, “informed consent” requirement and a ban on doctors performing abortions.

The ruling came after Northland Family Planning Centers and Medicals Students for Choice filed suit seeking a declaration that the three regulations were unconstitutional.

On Tuesday, Judge Sima Patel wrote that the regulations violated reproductive freedom which the voters decided two years ago.

“The 24-hour wait period forces patients to undergo unnecessary delays after they are able to consent to a procedure, thereby burdening and compromising the patient’s access to abortion care,” Patel wrote.

Patel also wrote that the ban on attributing abortions to only a “physician” restricts other health care providers, including registered nurses, nurse midwives and physician assistants.

“Artificially limiting the available pool of abortion physicians creates logistical hurdles to access to abortion and increases patient wait times and travel distances. This exacerbates existing physician shortages and results in a current shortage of physicians to perform abortions in large parts of Michigan,” the judge said.

The case will remain open as long as the temporary injunction is in effect.

Abortion rights have been a major issue since the U.S. Supreme Court overturned Roe v. Wade in 2022. Michigan is one of the few states fighting against abortion rights.

Nearly 60% of Michigan voters approved Proposition 3making 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 led to lawsuits including one from Right to Life in 2023.

Michigan Governor Gretchen Whitmer issued the following statement following Tuesday’s decision:

“Today’s injunction ensures that women in Michigan have control over their bodies.

“The 24-hour waiting period has no scientific basis. It is a political barrier designed to shame and inconvenience women. They are often forced to pay more for necessary care or are denied that care altogether. The legal consent requirement introduced by anti-abortion groups is also a misnomer. Every medical procedure, including abortion, already requires extensive conversations between doctors and patients to ensure informed consent. Removing the legal requirement for doctors to provide false, unscientific information will ensure they can talk to patients without using a script created by politicians and obtain genuine consent for medical procedures. And expanding the pool of qualified medical professionals who can provide care will provide access for all Michiganders.”

“By removing these barriers to reproductive health care, we are ensuring that 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 ruled that several abortion provisions under Michigan law largely conflict with Michigan’s constitutional right to reproductive freedom and only ‘exacerbate the burdens faced by patients seeking abortions.’ These laws include a mandatory 24-hour waiting period and uniform informed consent, as well as a requirement that only physicians may perform abortions and not advanced practice clinicians such as nurse practitioners, certified nurse midwives and physician assistants.

“These provisions simply served to delay and mislead patients, which is contrary to the goals of health care. We welcome this court decision and will continue our work to protect reproductive care for all Michigan residents.”