- A federal judge struck down the provision of a Michigan law that refused to permit abortion providers to collect payment for some "abortion-related" services at the time they are provided. On February 26, Judge John O'Meara of the District Court for the Eastern District of Michigan ruled that the law was unconstitutionally vague, and therefore would threaten to inhibit women's exercise of their right to choose abortion.
"Like all physicians who provide medical care, abortion providers are entitled to fair payment for their services. The court recognized that the Michigan legislature’s attempt to discriminate against abortion providers is unconstitutional," said Bebe Anderson, staff attorney for the Center for Reproductive Rights who represents the plaintiffs.
Signed by Governor Engler in December 2000, the Michigan law amended the existing mandatory 24-hour delay for an abortion to include the restriction on collecting payment for "abortion-related" services rendered prior to the expiration of the 24-hour waiting period. The law also attempted to restrict the use of mifepristone, or RU-486. In April 2001, the Center for Reproductive Rights and Michigan reached a settlement that removed the state’s ban on the use of mifepristone resolving all of the plaintiff's challenges to the mandatory delay law except the payment issue.
The Court agreed with the plaintiffs' argument that the law did not make clear whether collecting payment for pregnancy-related services such as ultrasounds or pregnancy tests would be included under the law's restrictions. In his ruling, Judge O'Meara held that, "the vagueness [of the law] is especially dangerous because it threatens to chill the exercise of the right to choose."
Plaintiffs in Northland Family Planning Clinic v. Jennifer M. Granholm, Attorney General of the State of Michigan, including Northland Family Planning Clinic, Inc.; Northland Family Planning Clinic Inc.-West; Northland Family Planning Clinic Inc.-East; Womancare of Southfield, P.C.; and Summit Medical Center, Inc., are represented by Bebe Anderson of the Center for Reproductive Rights, and local attorney David A. Nacht of Ann Arbor, Michigan.
