Michigan Judge Sima Patel struck down three of Michigan’s abortion restrictions, including its 24-hour waiting period, on Tuesday. The court ruled that the restrictions served to “deny, burden, or infringe” upon the reproductive freedom of individuals seeking abortion care. Moreover, the three restrictions were found to neither serve a state interest nor protect patient health.
Despite Michigan voters’ approval of the Reproductive Freedom for All Act (RFFA) in 2022, which enshrined the right to abortion in the state constitution, three key abortion restrictions remained.
Under Michigan law, clinicians were required to provide abortion patients with a mandatory uniform informed consent. After receiving this counseling, abortion patients were required to wait 24 hours before receiving abortion care. Additionally, abortion care was restricted to licensed physicians, barring nurse practitioners, certified nurse midwives, physician assistants, and other qualified individuals from providing care.
Governor Gretchen Whitmer labeled these laws an unconstitutional overreach that infringes on the “constitutional right to make our own reproductive health decisions.” The court concluded that these three restrictions were unconstitutional, permanently blocking their enforcement.