The Michigan Court of Claims ruled Tuesday that health care workers performing abortions are no longer required to abide by certain rules and procedures preceding the abortion, such as a 24-hour wait period.
Northland Family Planning, a family planning and abortion clinic with multiple Metro Detroit locations, filed a lawsuit against the state, claiming the abortion-related rules outlined in MCL 333.17015 are unconstitutional -- particularly after Michigan residents voted to add abortion rights to the state’s constitution.
The law in question dictates that abortion providers can’t perform the procedure until at least 24 hours after the patient provides “informed written consent.” Abortion providers are also required to provide several pieces of information to the patient at least 24 hours before the procedure, including the probable gestational age of the fetus; a depiction of what that fetus looks like; risks associated with childbirth and abortion; and more.
The People of the State, who were added as “intervening defendants,” argue that the regulations don’t burden or infringe upon a patient’s access to abortion, a now-constitutional right in Michigan. The plaintiffs, however, argue that these protocols don’t serve any benefit to the patient, and actually create unnecessary risks, burdens and limitations for patients and providers.
The court on Tuesday largely sided with plaintiffs, saying certain provisions included in the law “very clearly burden and infringe upon a patient’s right to make and effectuate decisions about abortion care.” Those provisions include the following (as written in Judge Sima Patel’s opinion):
- Providing information about risks associated with live birth (when the medical procedure at-issue is abortion care).
- Giving patients illustrations and depictions of the fetus.
- Providing patients with information about prenatal care, parenting and adoption.
- Offering the patient to see images of any ultrasound performed.
“This information guides a patient away from the choice of having an abortion by juxtaposing content that is clearly more relevant and suitable to those seeking to complete a pregnancy,” Judge Patel’s opinion reads.
The court also agrees with the plaintiffs that the Michigan law “arbitrarily limits abortion providers to physicians only.” Advanced practice clinicians, aka APCs, like nurse practitioners and physician assistants have been barred from performing abortions under the current law.
“By allowing APCs to perform some abortion services, the number of healthcare professionals available to individuals seeking care would increase dramatically,” Judge Patel wrote. “The increased number of healthcare professionals would, in turn, increase access to abortion care for individual patients.”
There is a part of the law, however, that the judge ruled should remain intact, and can be enforced. This specific provision -- identified as MCL - Section 333.17015a -- requires abortion providers to first screen a patient to ensure they aren’t being coerced to undergo an abortion, and that they aren’t a victim of domestic violence. If providers identify coercion, they’re required to follow certain protocols, such as contacting child protection services if the patient is younger than 18 years old.
You can read Judge Patel’s entire opinion below.
Both Michigan Attorney General Dana Nessel, who was named as a defendant in the lawsuit, and Michigan Gov. Gretchen Whitmer applauded the court’s decision on Tuesday. Nessel and Whitmer agreed with plaintiffs, and now the court, that the protocols served as roadblocks for patients.
“Every medical procedure, including abortion, already requires extensive conversations between providers and patients to ensure informed consent,” Whitmer said in a statement. “Eliminating the statute’s requirement for doctors to provide incorrect, unscientific information will ensure they can speak to patients without using a script drawn up by politicians and can get true consent for medical procedures.”
Michigan voters took to the polls in 2022 and the majority of them approved a proposal to add the right to an abortion to the state’s constitution, effectively overriding a century-old abortion ban in the state. The move came after the U.S. Supreme Court overturned its 1973 ruling in the case Roe v. Wade, which protected a person’s right to an abortion across the country.
Since the overturn of Roe, states have been responsible for regulating abortion access and practices, with some states banning abortion altogether. Though Michigan residents preserved the right to abortions with their vote in 2022, Gov. Whitmer in 2023 overturned the state’s 1931 law banning most abortions.
A package of Michigan bills aimed at removing restrictions to abortion care were signed into law in 2023 and took effect in early 2024. These bills repeal “politically motivated, medically unnecessary statutes that criminalized nurses and doctors, forced health care providers to close, raised costs for patients, and restricted access to abortion,” according to the governor’s office.
---> Click here to learn more about the laws that took effect this year