Legal/Law/Criminal Justice and Reform

Michigan Court Strikes Down Informed Consent Abortion Laws

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A Michigan court Tuesday struck down three safety laws that allegedly violated the state’s constitutional right to abortion.

The case was brought against the state of Michigan by an abortion clinic challenging three laws that mandated a 24-hour waiting period before performing an abortion, required clinics to provide counseling materials that the abortion providers claimed were “biased” and allowed only qualified medical staff to perform the procedures. Michigan residents voted to enshrine a right to abortion into the state constitution in 2022, an amendment that left no room for restrictions of any kind to be placed on the act.

“The interest to be protected in this case is the fundamental right to reproductive freedom,” the decision reads. “The Court has deemed the majority of the provisions in the challenged laws to unconstitutionally burden and infringe upon that right. To protect the fundamental rights of the people of Michigan, the Court must permanently enjoin the enforcement of those provisions.”

The judge also threw out a mandatory informed consent law, which required abortion providers to notify the women of the baby’s gestational age prior to the procedure and collect contact information in case of complications.

Northland Family Planning Centers v. Michigan was filed in 2024 and was granted a preliminary injunction against the laws in June of that year. The abortion clinic was backed by the Center for Reproductive Rights (CRR) and Medical Students for Choice.

The plaintiffs did not immediately respond to the Daily Caller News Foundation’s request for comment.

The case also sought to overturn mandatory screening for coercion for women seeking an abortion and a requirement for clinics to post materials on domestic abuse, but the court denied this provision violated the state’s constitution.

“Today’s ruling is a monumental win for Michigan abortion providers and their patients. This is exactly what Michiganders wanted when they voted overwhelmingly to protect their right to access abortion,” Molly Duane, senior staff attorney at CRR, said in a press release. “Despite the victory at the ballot box, these baseless abortion restrictions have remained on the books, impeding and humiliating patients seeking care. These laws do nothing to improve patients’ care or decision making. We will keep fighting to make reproductive freedom for all a reality.”

“Today’s Court of Claims ruling reaffirms that Michigan is a state where you can make your own decisions about your own body with a trusted health care provider, without political interference,” Democrat Gov. Gretchen Whitmer said in a statement following the court ruling. “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. This ruling gives us a chance to celebrate Women’s Health Week the best way we know how—by protecting and expanding women’s fundamental rights and freedoms.”

Abortions in Michigan reached unprecedented levels in 2023 after the constitutional amendment passed, reaching a 30-year high in the state with approximately 31,241 abortions performed in a single year. At least two of these abortions were performed after the 24-week mark, and one occurred after the 28th week of pregnancy.

Michigan Attorney General Dana Nessel did not immediately respond to the DCNF’s request for comment.