“Viewpoint discrimination is a particularly insidious form of content discrimination, taking place when the government targets ‘particular views taken by speakers on a subject,’” the court wrote. “The court concludes that plaintiffs have plausibly alleged that both regulations may be viewpoint-based.”
Michigan court blocks 24-hour waiting period law
A Michigan district judge issued a preliminary ruling to block a state law requiring a 24-hour waiting period before an abortion.
The ruling also blocked aspects of Michigan law requiring abortionists to provide a woman with information on her baby’s gestational age, a depiction of what the baby looks like at that stage, as well as information on the risks associated with childbirth and abortion.
Judge Sima Patel issued the opinion on Tuesday in which she wrote that the mandatory waiting period and uniform informed consent rules are unconstitutional based on a “reproductive freedom” amendment that was passed by voters in 2022.
“The 24-hour waiting period forces needless delay on patients after they are able to consent to a procedure, thus burdening and infringing upon a patient’s access to abortion care,” Patel wrote.
Though Patel’s decision is just a preliminary one, her ruling means that the law requiring the 24-hour waiting period and mandatory pregnancy information will be blocked while the case works its way through the courts.
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