Michigan
Is Michigan’s 24-hour abortion waiting period legal? Judge to decide in new trial underway
A trial has begun in a case that challenges Michigan abortion-related laws, including a 24-hour waiting period, with testimony focused on whether they place an undue burden on women seeking the procedure in the state.
The bench trial is taking place in Michigan’s Court of Claims in Detroit, where Northland Family Planning Center is asking Judge Sima Patel to rule unconstitutional three abortion regulations in state law — a mandatory 24-hour waiting period to terminate a pregnancy; requiring those seeking an abortion to obtain counseling and read information from the state before getting the procedure; and a ban on advanced-practice clinicians like physicians assistants and nurses performing an abortion.
The legality of the regulations came under scrutiny after Michigan voters approved a constitutional amendment in November 2022 creating a state-level right to have an abortion.
“Because I worked with lobbying legislators in Lansing, my understanding was (these regulations were) to make it more difficult for women to get abortions (and) to delay abortions,” said Renee Chelian, the executive director of Northland Family Planning Center. “My observation was (their intent was that) it would deter women and when they read the materials it would change their mind.”
The state, represented by fire-walled attorneys within Attorney General Dana Nessel’s office, said it intervened in the lawsuit after Nessel, the Michigan Department of Health and Human Services and the Department of Licensing and Regulatory Affairs signaled they would not defend the law against the challenge brought by Northland.
“The challenged statutory provisions do not unconstitutionally deny, burden, or infringe on an individual’s right to reproductive freedom under Michigan’s Constitution … and they do not discriminate in the protection or enforcement of this fundamental right,” the state’s attorneys said in their motion to intervene in the lawsuit.
Northland sued Nessel, LARA Director Marlon Brown and MDHHS Director Elizabeth Hertel. Nessel, Brown and Hertel said they would not defend the constitutionality of the laws.
Hertel said MDHHS did not have the legal authority to enforce the challenged laws, which is why the state intervened on behalf of the people of Michigan. Hertel said adding the state as a party was the only way for meaningful and complete relief for Northland.
The Reproductive Freedom For All Amendment requires the state not to “deny, burden, or infringe upon this freedom barring a compelling state interest to protect the health of the individual seeking care,” Patel wrote in her order granting a preliminary injunction in June.
“Additionally, any statute or regulation that does deny, burden, or infringe upon reproductive freedom must only do so in order to protect the patient’s health, achieve this goal by the least restrictive means, be consistent with accepted clinical standards of practice and evidence-based medicine, and not infringe upon an individual’s autonomous decision making.”
It appeared the laws Northland challenges, Patel wrote in her order, “are likely unconstitutional.” She will rule on the case after the trial, which is scheduled through Feb. 21.
Two people testified Thursday at the first day of the trial: Chelian and Dr. Charisse Loder, who works at the University of Michigan’s Women’s Clinic. None of the parties gave opening statements.
The law before the June preliminary injunction was granted required those pregnant to wait 24 hours to get an abortion after they received state-mandated informational materials. They either had to go to the clinic to get the materials or print them out themselves, both of which can cause hardship to people seeking an abortion, Chelian and Loder said.
Chelian and Loder said patients were often annoyed when they learned they could not have an abortion the day they made their appointment and would have to wait at least 24 hours for a new appointment.
“I observed people being frustrated, angry and upset that they had gotten a babysitter or a ride or taken a day off school or work, only to be turned away,” Chelian said. “They sometimes weren’t sure when they could come back, pushing them into another gestational limit or making it so they couldn’t get a medication abortion. … They couldn’t understand why the state had anything to do with this.”
The state argued that the 24-hour waiting period does not unduly burden access to abortion; instead it ensures people can exercise their right in an “informed, voluntary, and reflective manner.” Its attorneys asked Patel to affirm the laws and leave the question about any policy changes to the Legislature.
Appellate courts found that laws like the ones challenged by Northland did not constitute an undue burden on a woman’s right to reproductive freedom, the state wrote in its motion to intervene. The Michigan Court of Appeals found in 1992 that the objective of the laws was to ensure “a woman’s decision to obtain an abortion is informed, voluntary, and reflective.”
After the injunction, Chelian said employees at Northland spent less time on the phone talking about the state’s website with patients and can reduce waiting times for those who come in.
“It makes it much easier for them to get an appointment they want and have already made up their mind about,” Chelian said. “There’s no other medical procedure in this state where the patient is required to look at alternatives to the procedure they’re going to have.
“It’s biased, its unnecessary, it burdens the patient, there’s no reason for it. … It is not fair to make an assumption that they want something because you think it’s not a burden or someone else happens to think it’s not a burden.”
The delay and mandatory counseling were designed to pressure people into choosing to continue a pregnancy instead of having an abortion, the lawsuit said.
The lawsuit contended the law also forces patients to read irrelevant, misleading or stigmatizing information that may not apply to their circumstances for ending a pregnancy. Loder said the materials provided by the state are misleading, overplaying the risks of abortion and downplaying the risks of pregnancy.
“I don’t believe (the materials) help my patient make an autonomous decision,” Loder said.
The state argued that the informational materials also do not put an undue burden on abortion care, and is in keeping with the state’s interest to protect a patient’s health, as does the law limiting abortion providers to licensed physicians.
“Providing a patient with medically accurate information is not a burden to that patient, is it?” Assistant Attorney General Kendell Asbenson asked Loder.
“I don’t agree with that statement,” Loder said.
“It’s a burden to provide medically accurate information to a patient?” Asbenson said.
“I think it’s a burden to provide medically accurate information that is not relevant to the patient,” Loder said, saying it would not be helpful to provide Asbenson, a man, information about female reproductive health.
The trial continues Friday.
kberg@detroitnews.com
Michigan
Bills to end concealed carry permit requirement introduced in Michigan House
LANSING, Mich. — A group of Republicans in the Michigan House say Michiganders’ second amendment rights are being infringed, as they introduce legislation to end requirements for concealed carry permits.
Right now, Michiganders must obtain a permit to carry a concealed gun, with a base fee of $100.
As part of the process, applicants must also receive training.
“The first thing they do is put you in a classroom, make sure you know all proper range and safety procedures, run you over what the law states about when and if you’re allowed to use your firearm,” Jonathan Hold, president of the Michigan chapter of Giffords Gun Owners for Safety and a firearms instructor, said. “It gives a really good grounding.”
Applicants must demonstrate four hours of range time as well.
The group of House Republicans feel this is an undue burden, noting many gun owners are already knowledgeable.
They also believe the current five-year felony for carrying without a permit is too steep.
“For the government of the state of Michigan to tell that that we have to be qualified under the guise of their rules in order to protect ourselves is a far cry from what the constitution provides for us,” Rep. Jay DeBoyer, (R- Clay) said.
The package of bills wouldn’t abolish permits, as they are necessary to take guns outside of the state, but it would institute what’s called “constitutional carry.”
That means Michiganders can carry a gun on them without a permit.
Twenty-nine other states already adopted such policies.
“When we exercise other first amendment rights like our right to speak, we do not have to get a permit or permission from the government to speak,” Rep. Jim DeSana (R- Carleton) said. “When we exercise our right to worship, we do not have to go get a permit or permission to go worship.”
Supporters say concealed guns are important for self-defense, and can also help stop crime.
“It’s going to encourage and increase safety for all,” Rep. Joseph Fox (R- Fremont) said. “It’s about protecting everybody because if there are guns in this situation, and people are worried for their lives, they’re gonna stay back away from evil and making bad choices.”
Gun control advocates like Gold, however, say it’s “ridiculous” not to have guardrails.
“We’re talking about the power of life and death at a distance,” Gold said. “To send an untrained user out into the world with a firearm is a mistake.”
He also takes issue with the constitution argument.
“The constitution says as part of a well regulated militia, if you read the second amendment, and we don’t have well regulated militias in this country,” Gold said. “At the very least, what we should have are trained firearms users.”
A similar effort to end concealed carry permits failed to gain traction last year in the Michigan Senate, and with the landscape unchanged, the bills likely have an uphill battle to become law.
Michigan
Werewolf, trout ruled in ’24. What will be next ‘I voted’ sticker
How to register to vote in Michigan: Step-by-step guide
Registering to vote in Michigan is simple and can be done online, by mail, or in person, depending on how close you are to Election Day.
The rewarding feeling of wearing an “I Voted” sticker after turning in your ballot is something everyone can relate to.
Michigan voters can take it one step farther and vote on the design for the Election Day tradition.
The Michigan Department of State announced on March 3 the return of the highly competitive “I Voted” sticker contest in preparation for the state’s general election on Tuesday, Nov. 3.
“Our first-ever ‘I Voted’ sticker design contest in 2024 was a massive success,” Michigan Secretary of State Jocelyn Benson said in a March 3 release. “This year we look forward to seeing the creative ways Michiganders of all ages celebrate democracy. Submit your entry to help us continue the tradition and get voters excited to cast their ballot this fall.”
Designs are being accepted online via the Secretary of State’s “I Voted” webpage: Michigan.gov/IVotedSticker. On the page, participants may print or download the official entry form.
Design and entry rules, the sticker template, and tips and suggestions are included on the official entry form.
There are three categories — elementary/middle school (grades K-8), high school (grades 9-12) and Michigan residents of all ages. Designs are due at 5 p.m. on Friday, May 1.
Once submissions are closed, the public may vote for finalists online in June. Winners will be announced and celebrated later in the summer. Winning stickers will be dispersed to local election clerks for the November Election.
In 2024, there were more than 480 submissions, and more than 57,700 voters selected the nine winners, according to the release. Before the contest opened up for a public vote, the Michigan Collegiate Student Advisory Task Force members narrowed the submissions down to 25 semifinalists.
Here’s the 2024 winners and rules for the 2026 participants:
What did the winning 2024 ‘I Voted’ sticker designs look like?
Want to enter a design? Here are the ‘I Voted’ sticker contest rules
According to the Secretary of State, here’s what to keep in mind for your sticker:
- Designs must be completed using official entry form.
- Designs must include the phrase “I voted” AND be nonpartisan in nature.
- Artwork must be original, non-AI generated, and not contain copyrighted or trademarked designs.
- Entries can be created using your preferred method (digital, paint, crayon, mixed media, etc.)
- Provide as high quality of resolution as possible when submitting your design.
- There are three categories — elementary/middle school (grades K-8), high school (grades 9-12) and Michigan residents of all ages. You may enter one design in one category.
- Designs are due at 5 p.m. on Friday, May 1.
Contact Sarah Moore @ smoore@lsj.com
Michigan
2 Smoothie King employees fired for refusing to serve customer in Trump hoodie
Two employees who refused to serve a man and his wife because he was wearing a hoodie with President Trump’s name on it were fired after a video of the heated encounter went viral.
Erika Lindemyer and her husband, Jake, were forced out of a Smoothie King franchise location in Ann Arbor, Michigan, following a fiery clash with two young female workers on Sunday.
The employees claimed they didn’t “feel comfortable” serving the couple because of Jake’s pro-Trump hoodie, as captured by Erika in a viral video.
Jake and Erika fired back at the pair and insisted that they were being “discriminated” against based on their “political views.”
“We were just wanting a smoothie and you literally looked at us and I asked you if everything was OK and you said ‘We don’t feel comfortable serving you’ because of my husband’s hoodie. That is discrimination,” Erika spat.
“Okay, well, have a great day,” the first employee said.
“That is illegal,” Erika tried to insist again.
“I said Trump discriminates [against] us,” another employee chimed in.
“Okay, well that has nothing to do with us getting a smoothie!” Erika guffawed.
“OK, well that’s who you support though, that’s who you love,” the first employee chided.
“What’s embarrassing is that we’re American citizens and I wanted to get a smoothie,” Erika huffed.
The second employee noted that they “have a right to refuse service” and directed the couple to the exit.
“You asked a question and [the other employee] gave you an answer. Have a great day. Have a great day. The door’s right there,” the second worker said.
Trump merchandise. Leftism/X
Erika threatened to call the police while storming out, but it’s unclear if she did.
In a separate video shared Monday, one of the workers joked that she might’ve “accidentally started a race war” and called on the public to help remove Erika’s video.
“I am a minor and she recorded me without my permission. The people in the comments are all white and they’re all being hella racist, guys, please help me get this video taken down,” she implored.
Smoothie King confirmed that the girls involved in the viral confrontation “are no longer with the business” as of Monday.
“As a brand, Smoothie King is committed to ensuring our stores are a place free of discrimination of any kind, where every guest and team member is treated with care and respect,” the company wrote on X.
The owner of the Ann Arbor franchise location will also enforce “mandatory retraining for all employees that outlines our guest experience standards.”
In early December, a woman who worked at a Target in California was berated by a customer for wearing a Charlie Kirk “Freedom” T-shirt.
When the employee insisted she was allowed to wear the red shirt, the irate customer accused her of supporting “a racist.”
The medical center where the agitated customer worked was bombarded with upwards of 6,000 “profanity-laced” phone calls after online sleuths doxxed her personal information.
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