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Yahoo
14-05-2025
- Politics
- Yahoo
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. Scoop: Republicans Discuss Defunding 'Big Abortion' Like Planned Parenthood In Trump Agenda Bill 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. Read On The Fox News App "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." Trump Foe Letitia James Leading Charge On New Multistate Lawsuit Over Hhs Cuts 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." 'Gender-affirming' Treatments Don't Benefit Youth, Says Pediatricians Group: 'Irreversible Consequences' 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 article source: Swing state judge strikes down 24-hour abortion waiting period as unconstitutional


Fox News
14-05-2025
- Health
- Fox News
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.
Yahoo
14-05-2025
- Politics
- Yahoo
Judge strikes down abortion waiting period in Michigan
A Michigan judge on Tuesday overturned a law requiring a 24-hour waiting period before an abortion can be administered in the state. Judge Sima Patel ruled that the law conflicted with an amendment Michigan voters passed in 2022 enshrining abortion rights into the state's Constitution. The waiting period existed in Michigan for years, but Patel temporarily blocked it last year, arguing that it 'exacerbates the burdens that patients experience seeking abortion care,' according to The Associated Press. Michigan abortion providers sued last year to overturn the 24-hour waiting period for patients and to scrap the informed consent law, as well as a law that barred advanced practice clinicians from providing abortions. Patel, a Court of Claims judge, also reversed a part of the law that required abortion providers to give patients fetal development charts and information on alternatives to abortions, arguing that it also violates the Reproductive Freedom for All constitutional amendment. She also paused a section of the law that excluded nurses, nurse midwives and physician assistants from providing abortion care. Michigan Gov. Gretchen Whitmer (D) said she was 'overjoyed' by the judge's decision to overturn the waiting period and informed consent requirements. 'For years, Michiganders have faced obstacles when seeking reproductive care. From a 24-hour waiting period before accessing abortion to a ban on advanced practice clinicians providing care, these rules have put politicians between a woman and her doctor,' Whitmer wrote in a post on social platform X. '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,' she added. Meanwhile, anti-abortion groups in the state admonished Patel for her ruling, arguing that it poses an 'immediate threat' to women's health across the state. 'Abortion is the only medical procedure of its kind in which the patient now is expected to go in blind,' Amber Roseboom, president of the Right to Life of Michigan, wrote in a statement. 'There is no question that women are at greater risk when they enter an abortion clinic in Michigan today than they were even a few years ago,' the group added. The risk of complications from an abortion remains extremely low. Research shows that about 2 percent of abortions involve some type of complication. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


The Hill
14-05-2025
- Politics
- The Hill
Judge strikes down abortion waiting period in Michigan
A Michigan judge on Tuesday overturned a law requiring a 24-hour waiting period before an abortion can be administered in the state. Judge Sima Patel ruled that the law conflicted with an amendment Michigan voters passed in 2022 enshrining abortion rights into the state's Constitution. The waiting period existed in Michigan for years, but Patel temporarily blocked it last year, arguing that it 'exacerbates the burdens that patients experience seeking abortion care,' according to The Associated Press. Michigan abortion providers sued last year to overturn the 24-hour waiting period for patients and to scrap the informed consent law, as well as a law that barred advanced practice clinicians from providing abortions. Patel, a Court of Claims judge, also reversed a part of the law that required abortion providers to give patients fetal development charts and information on alternatives to abortions, arguing that it also violates the Reproductive Freedom for All constitutional amendment. She also paused a section of the law that excluded nurses, nurse midwives and physician assistants from providing abortion care. Michigan Gov. Gretchen Whitmer (D) said she was 'overjoyed' over the judge's decision to overturn the waiting period and informed consent requirements. 'For years, Michiganders have faced obstacles when seeking reproductive care. From a 24-hour waiting period before accessing abortion to a ban on advanced practice clinicians providing care, these rules have put politicians between a woman and her doctor,' Witmer wrote in a post on social platform X. '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,' she added. Meanwhile, anti-abortion groups in the state admonished Patel for her ruling, arguing that it poses an 'immediate threat' to women's health across the state. 'Abortion is the only medical procedure of its kind in which the patient now is expected to go in blind,' Amber Roseboom, president of the Right to Life of Michigan, wrote in a statement. 'There is no question that women are at greater risk when they enter an abortion clinic in Michigan today than they were even a few years ago,' the group added. The risk of complications from an abortion remains extremely low. Research shows that about 2 percent of abortions involve some type of complication.
Yahoo
14-05-2025
- Health
- Yahoo
Judge rules some remaining abortion restrictions in Michigan are unconstitutional
A Michigan judge has struck down parts of the state's remaining laws that restrict abortion access, including finding the 24-hour mandatory waiting period and informed consent laws unconstitutional after voters passed an abortion access measure in 2022. Michigan Court of Claims Judge Sima Patel ruled May 13 that Proposal 3 of 2022, which voters passed to create the "fundamental right to reproductive freedom" in the state's constitution, invalidates laws that could restrict abortion access. Abortion providers in Michigan had sued the state last year over its mandatory 24-hour waiting period for patients before receiving an abortion, the informed consent law that required providers to ensure patients review certain materials described as inaccurate by abortion proponents, and a law prohibiting advanced practice clinicians (APCs) from providing abortion care. APCs can include nurse practitioners and other medical assistants, and plaintiffs in the lawsuit noted that APCs are permitted to provide abortions in other states. The laws had already been blocked from being enforced since June, after Patel previously issued a preliminary injunction against them in the case. However, in her May 13 ruling, Patel did not strike down all the abortion laws providers sought to have blocked. She ruled a statute requiring providers to ensure that patients are not coerced into getting an abortion can remain in place. "The Court finds that, with limited exceptions, the challenged laws violate the (amendment)," Patel wrote in her 83-page opinion. "Most of the statutory requirements burden or infringe upon individuals' reproductive freedom, are not based on a compelling state interest to protect the health of individuals seeking abortion care, are not consistent with the accepted standard of care and evidence-based medicine, and infringe on autonomous decision-making." Patel's ruling is a win for abortion advocates in Michigan, who said the laws previously created barriers to reproductive care for patients. The informed consent law required patients to fill out and submit a confirmation form affirming they've reviewed specific information. Before Patel issued a preliminary injunction against the informed consent law, the Michigan Department of Health and Human Services (MDHHS) stated on its website it "does not necessarily endorse all the information it is required to make available under this statute," the Free Press reported last year. Abortion providers said the information contained inaccuracies — in Patel's ruling, she wrote abortion providers would have to show pictures comparing the size of gestational fetuses compared to types of fruit, according to testimony. Providers also argued the informed consent law didn't allow them to tailor their care for each specific patient. The web page no longer exists on MDHHS' website. Patel wrote the 24-hour mandatory 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." Michigan Attorney General Dana Nessel commended the ruling. While Nessel, a staunch proponent of abortion access, and other state officials listed in the lawsuit didn't oppose an injunction against the abortion laws, lawyers from the Attorney General's Office represented the state so an adversarial defense could be provided. "This ruling affirms what Michiganders made clear when they voted to enshrine a fundamental right to reproductive freedom in our state constitution: that deeply personal medical decisions belong to individuals and their providers," Nessel said. The lawsuit was filed last year by the Center for Reproductive Rights on behalf of Northland Family Planning Centers, a group of abortion providers in metro Detroit. Patel heard arguments in the case in February. In 2023, Democrats in the Michigan House of Representatives had introduced legislation to repeal the waiting period and informed consent laws, but didn't have the votes to pass it alongside a series of other abortion access measures that were ultimately signed into law. Republicans have since gained control of the House. Right to Life of Michigan, a group that opposes abortion rights, derided the ruling. 'This court ruling is bad news for women," Genevieve Marnon, Right to Life of Michigan's legislative director, said in a statement. "At a time when abortion complications are on the rise, eliminating standardized informed consent about procedures, potential risks, and alternatives is a serious disservice to women.' According to state medical data, there were 5.1 total immediate medical complications per 10,000 abortions performed in Michigan in 2023. From 2020-2022, the rate was 1.7 total immediate medical complications per 10,000 abortions performed in the state. Providers say abortion care remains safe, MLive reported in December. Gov. Gretchen Whitmer also commended the ruling, saying in a May 13 statement: "Today's ruling means that patients and doctors are no longer subject to even more of these outdated restrictions on abortion, including the forced waiting period and a ban on advanced practice clinicians from performing abortions." Contact Arpan Lobo: alobo@ This article originally appeared on Detroit Free Press: Judge rules abortion restrictions in Michigan unconstitutional