Great Lakes Wire

Today, Michigan Attorney General Dana Nessel filed a motion with the Michigan Court of Claims in the case Northland v Nessel. The motion challenges several abortion restrictions under Michigan’s constitutional right to reproductive freedom, urging the court to find these restrictions unconstitutionally discriminatory.

Previously, on May 13, the court struck down several state abortion regulations such as the 24-hour waiting period and informed consent requirements but upheld mandatory coercion screening provisions. The Attorney General's recent motion requests a reconsideration of these coercion screening provisions, arguing they discriminate against patients seeking abortion care.

In her post-trial brief, Attorney General Nessel highlighted that the Michigan Constitution prohibits discrimination against individuals exercising their fundamental right to reproductive freedom, which includes abortion care. She contends that the challenged restrictions are discriminatory because they impose different treatment on those seeking an abortion compared to other forms of reproductive healthcare without valid justification.

Nessel stated, “Women wishing to continue their pregnancy, those seeking management for a miscarriage, and men pursuing a vasectomy all may do so without this level of state interference.” She emphasized that "Michigan residents and their healthcare providers deserve the same freedom when it comes to the deeply personal decision to have an abortion." She added that unequal treatment is not acceptable in Michigan and committed to ensuring laws reflect constitutional standards demanded by voters.

The motion seeks for the court to amend or reconsider its previous opinion from May 13 regarding coercion screening provisions' constitutionality.