Michigan judge strikes down law requiring abortion providers give info on abortion alternatives

A Michigan judge has ruled that abortion providers are no longer required to give informed consent on abortion, which includes information on abortion alternatives and fetal development, because it violates the state constitutional amendment enshrining abortion.

Michigan Court of Claims Judge Sima Patel on Tuesday also struck down part of the law requiring a 24-hour waiting period before getting an abortion, ruling that it violates the Reproductive Freedom for All constitutional amendment passed by voters in 2022, The Hill news outlet reported. She overturned the law after temporarily blocking it last year, despite the waiting period existing in Michigan for years.

Patel paused part of the law that excluded nurses, physician assistants and nurse midwives from providing abortion care.  

“For years, Michiganders have faced obstacles when seeking reproductive care," Michigan Democrat Gov. Gretchen Whitmer wrote in a post on X on Tuesday. "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."

“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 continued.

Right to Life of Michigan also released a statement following the decision, criticizing the court's ruling.

"Abortion is the only medical procedure of its kind in which the patient now is expected to go in blind," the pro-life organization said. "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.

"As a result of this dangerous ruling and disregard for patients’ rights, women in Michigan are no longer guaranteed access to important facts related to abortion. The informed consent and 24-hour waiting period law had been in place for more than 30 years, providing women seeking an abortion with medically accurate information, including common risks associated with the procedure."