Michigan Attorney General continues to fight against state’s 24-hour waiting period for abortion

Earlier this summer, the Michigan Court of Claims granted a preliminary injunction to temporarily lift Michigan’s 24-hour mandatory delay and other harmful restrictions for abortion—a major win for those seeking reproductive care in Michigan and another step towards codifying abortion access in our state’s constitution. 

A preliminary injunction is typically an order from a judge. In this case, it’s coming from the Michigan Court of Claims, and it’s basically stating that the current abortion restrictions are “harmful” and that the state must halt these harmful restrictions right away.

Attorney General Nessel agrees that these restrictions are likely unconstitutional and does not oppose the order of the challenged laws. However, that hasn’t stopped the opposing attorneys from appealing the injunction.

“The injunction barring the enforcement of these select provisions is proper, as the Court correctly agreed the challenged laws are likely unconstitutional,” said Nessel in a recent press release. 

After receiving requests to appeal the injunction, Nessel submitted a brief to the Court of Appeals stating that these restrictions are clearly in violation of Proposal 3—a ballot initiative that Michiganders overwhelmingly passed in 2022—that prohibits any denial, burden, or infringement on the right to an abortion. 

“I remain committed to defending the reproductive freedoms Michiganders deserve, and empathetically supported enshrining in our state constitution.”

So, what does this mean for patients seeking abortion care in Michigan? 

At this time, patients do not need to review the state-mandated informed consent information, print the informed consent form, or wait 24 hours before they can receive abortion care—requirements that hinder care for those seeking services, according to health care experts.

“My entire career, I have been forced to make patients wait for an arbitrary amount of time dictated by politicians before providing them with the medical care they need,” said Dr. Sarah Wallett, Chief Medical Operating Officer for Planned Parenthood of Michigan, in a recent press release.

“For the first time ever, I will be able to provide my patients care based on evidence-based practice, clinical standards, and the desires of my patients.”