Judge blocks Michigan’s abortion waiting period, 2 years after voters approved abortion rights

DETROIT– A judge on Tuesday blocked Michigan’s 24-hour waiting period for abortions, saying it violates abortion law Voter-approved 2022 amendment to the state constitution that guarantees the right to abortion.

The waiting period “forces patients into unnecessary delays after they are able to consent to a procedure, burdening and violating a patient’s access to abortion care,” said Court of Claims Judge Sima Patel.

Patel issued a preliminary injunction against the waiting period, which has been in place for years, and also blocked portions of state law that require abortion providers to provide adoption information and images of the fetus.

The judge also halted Michigan’s requirement that only a doctor can perform an abortion, noting that it excluded qualified nurses, physician assistants and nurse midwives.

“This exacerbates existing provider shortages, resulting in large parts of Michigan currently without physicians to provide abortion care,” Patel said.

The lawsuit was filed by Northland Family Planning Centers and a group called Medical Students for Choice. The legal battle will continue as long as the order is in effect.

State attorneys tasked with defending the laws said a waiting period simply gave someone time to think about an important decision.

The right to abortion was added to the state constitution by nearly 57% of voters in 2022, months after the U.S. Supreme Court overturned Roe v. Wade.

Democratic Gov. Gretchen Whitmer praised the order.

“By removing these barriers to reproductive health care, we will ensure that Michigan is a state where you can, in consultation with your doctor, make the medical decisions that are best for you and your family,” Whitmer said.

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