Judge overturns Michigan's 24-hour waiting period, informed consent abortion laws

Beth LeBlanc, The Detroit News on May 13, 2025

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LANSING, Mich. — A Michigan Court of Claims judge on Tuesday ruled that state laws that mandate a 24-hour waiting period and informed consent before a pregnancy can be terminated violate the state's constitutional right to abortion.

Court of Claims Judge Sima Patel also found unconstitutional the state's prohibition on advanced practice clinicians from performing abortions. But she upheld a fourth section of law that requires medical professionals to screen pregnant women seeking an abortion for signs of coercion, finding the rule did not violate the Reproductive Freedom for All constitutional amendment that voters approved in 2022.

"Most of the statutory requirements burden or infringe upon individuals’ reproductive freedom, are not based on a compelling state interest to protect the health of individuals seeking abortion care, are not consistent with the accepted standard of care and evidence-based medicine, and infringe on autonomous decision-making," wrote Patel, an appointee of Democratic Gov. Gretchen Whitmer.

Whitmer said Tuesday the ruling ensures Michigan women can make decisions about their own bodies "without political interference."

“Today’s ruling means that patients and doctors are no longer subject to even more of these outdated restrictions on abortion, including the forced waiting period and a ban on advanced practice clinicians from performing abortions," Whitmer said in a statement.

The permanent injunction on the state abortion laws, issued Tuesday, comes about 10 months after Patel granted preliminary injunction to plaintiffs, issuing a permanent injunction while the case proceeded through trial. The issue went to trial in February.

The lawsuit, filed in February 2024 by abortion provider Northland Family Planning and pro-abortion rights group Medical Students for Choice, came months after the Democratic-led Legislature was unable to muster support in the House for a repeal of the 24-hour waiting period or the informed consent laws.

Democratic Attorney General Dana Nessel, who usually would be tasked with supporting state law, instead voiced her support for the Northland Family Planning suit. Nessel instead built a legal firewall within the department and Assistant Attorney General Eric Restuccia argued in defense of state law on behalf of the people of Michigan.

It is unclear whether Restuccia will appeal Tuesday's decision to the Michigan Court of Appeals.

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