Swing state judge strikes down 24-hour abortion waiting period as unconstitutional
A Michigan judge ruled on Tuesday that the state's 24-hour waiting period and informed consent rules restricting abortion were unconstitutional.
The waiting period, which allows abortion-seekers to consider their options before the procedure, was voted into the state constitution by Michigan voters in 2022, before being challenged in a 2024 lawsuit filed by abortion rights groups.
"The mandatory delay exacerbates the burdens that patients experience seeking abortion care, including by increasing costs, prolonging wait times, increasing the risk that a patient will have to disclose their decision to others, and potentially forcing the patient to forgo a medication abortion for a more invasive procedure," state Court of Claims Judge Sima Patel wrote in her opinion.
Patel also ruled it was unconstitutional to ban nurse practitioners, certified nurse midwives and physician assistants from performing abortions.
Michigan Gov. Gretchen Whitmer said in a post on X that she was "overjoyed" with the decision.
"I'm overjoyed to say that the Michigan Court of Claims has seen these restrictive provisions for what they are: an unconstitutional overreach that infringes on our constitutional right to make our own reproductive health decisions," Whitmer wrote. "Today's ruling reaffirms what we already know: reproductive health decisions belong between a patient and their doctor, not the government. I'm proud to know that this Women's Health Week, we can celebrate by protecting and expanding women's fundamental rights and freedoms."
Michigan Catholic Conference President and CEO Paul Long said the intent of the proposal was to grant constitutional protections to "an industry that places itself above the health and safety of women and the lives of pre-born children."
"This decision is a tragic reminder that the normalization of abortion in Michigan exists to the detriment of some 31,000 children every year who will never have the opportunity to experience the gift and blessings of life," Long wrote in a statement. "Now, more than ever, we encourage others to envision a world where human life at every stage – from conception to a natural end – is truly cherished and protected, where expecting mothers are supported with love and care and have access to maternal needs, regardless of the circumstance of the pregnancy."
The court upheld a rule that requires abortion providers to screen for signs of coercion.
If the decision is appealed, the case would be elevated to the Michigan Court of Appeals.
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