A judge on Tuesday banned Michigan’s 24-hour abortion waiting period, citing a 2022 voter-approved amendment to the state constitution that protects abortion rights.
The 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,” stated Court of Claims Judge Sima Patel.
Patel ordered a preliminary injunction against the waiting period, which has been in place for years, as well as blocking provisions of state legislation requiring abortion providers to disclose information about adoption and fetal depictions.
The judge also overturned Michigan’s rule that only physicians perform abortions, citing that it excluded trained nurses, physician assistants, and nurse midwives.
“This exacerbates existing provider shortages, leading to large swathes of Michigan that currently lack physicians to provide abortion care,” Patel told Reuters.
The case was filed by Northland Family Planning Centers and Medical Students for Choice. The legal fight will continue while the injunction is in effect.
State attorneys who had to defend the laws claimed that a waiting period simply provided people time to think about important decisions.
Nearly 57% of voters put abortion rights to the state constitution in 2022, months after the United States Supreme Court reversed Roe v. Wade.
Democratic governor Gretchen Whitmer praised the injunction.
“By removing these barriers to reproductive health care, we will ensure Michigan is a state where you can make the medical decisions that are best for you and your family in consultation with your doctor,” Whitmer told the crowd.
