Filed Date: Feb. 6, 2024
Case Ongoing
Clearinghouse coding complete
On February 6, 2024, abortion providers Northland Family Planning Center, Northland Family Planning Center Inc. East, and Northland Family Planning Center Inc., West (collectively, "Northland") and Medical Students for Choice ("MSFC") brought this lawsuit challenging abortion restrictions in the Michigan Court of Claims. The lawsuit challenged the state's 24-hour delay, mandatory counseling, and provider ban under the Michigan Constitution's fundamental right to reproductive freedom and nondiscrimination clause. Northland and MSFC sought declaratory and injunctive relief, as well as attorneys' fees.
Represented by the Center for Reproductive Rights and private counsel, plaintiffs sued the Michigan Attorney General, the Acting Director of Michigan Licensing and Regulatory Affairs, and the Director of the Michigan Department of Health and Human Services. The case was assigned to Judge Sima Patel.
On the same day, February 6, plaintiffs filed a motion for preliminary injunction and requested oral argument. On February 27, the Michigan Attorney General, Dana Nessel, filed a response. She did not oppose entering an injunction against the 24-hour delay, mandatory counseling, and provider ban provisions of the challenged statutes, but requested the court narrow the scope of the requested injunction so that other provisions would not be enjoined. The Department of Attorney General "erected a conflict wall" in the case, and a separate team of attorneys representing the State of Michigan is anticipated to intervene in the lawsuit to defend the challenged statute.
The court granted in part plaintiffs' motion for a preliminary injunction on June 25, 2024. Specifically, the court preliminarily enjoined the mandatory 24-hour waiting period, the mandatory informed consent, and the ban on advanced practice clinicians (APCs) providing abortion care. Under current Michigan law, only a licensed physician could provide abortion care, precluding APCs, including nurse practitioners, certified nurse midwives, and physician assistants, from performing abortions. The court found that plaintiffs demonstrated a high likelihood of success of establishing that the restrictions burdened and infringed upon a patient's freedom to make and effectuate decisions about abortion care without a compelling government interest. The court did not grant plaintiffs' motion as to the Michigan Department Health and Human Service's screening tools, protocols, and notices regarding coercion and domestic violence.
This case is ongoing.
Summary Authors
Avery Coombe (3/10/2024)
Hannah Juge (6/30/2024)
State / Territory:
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: Feb. 6, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Northland Family Planning Center Inc., Northland Family Planning Center Inc., East, and Northland Family Planning Center Inc. West (collectively, “Northland Family Planning Center”) are Michigan reproductive healthcare clinics. Medical Students for Choice is a 501(c)(3) non-profit organization dedicated ensuring that reproductive healthcare is a standard part of medical education and training.
Attorney Organizations:
Center for Reproductive Rights
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
Acting Director of Michigan Licensing and Regulatory Affairs
Attorney General of Michigan
Director of the Michigan Department of Health and Human Services
Case Details
Causes of Action:
Ex parte Young (federal or state officials)
Other Dockets:
Michigan state trial court 24-000011-MM
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Issues
Reproductive rights:
Counseling (reproductive rights)
Reproductive health care (including birth control, abortion, and others)