State court finds Michigan mandatory delay law unconstitutional

On July 15 (1994), Wayne County Circuit Court Judge John Murphy struck down Michigan's 1993 law requiring women seeking abortions to delay 24 hours after receiving state-mandated information. Finding that the Michigan Constitution encompasses a right to privacy, which includes the right to choose abortion, Judge Murphy invalidated the never-enforced law by applying "strict scrutiny"--the judicial standard used to review restrictions on fundamental rights. Although Roe v. Wade established strict scrutiny as the test for evaluating abortion restrictions, the US Supreme Court revised that standard as a matter of federal law when it adopted the less protective "undue burden" standard in Planned Parenthood v. Carey. As a result, the state constitutional right to privacy recognized by Judge Murphy is more protective of childbearing decisions than the corresponding federal right. Judge Murphy further found that the mandatory delay law violates a state constitutional prohibition on unfunded mandates because, while local health departments would be required to distribute the state-printed materials, the legislature did not appropriate monies to cover the costs of this added responsibility. Michigan officials have indicated that they will appeal the decision in Mahaffey v. Attorney General of Michigan, which is 1 of 2 lawsuits that were filed on March 10 against the mandatory delay law. Plaintiffs in the state case--a local health department official and 3 physicians--are represented by the ACLU of Michigan. CRLP attorneys represent more than 2 dozen reproductive health care providers who filed the other challenge, Northland Family Planning Inc. v. Engler, in federal court and obtained a temporary stay of the law. During 4 days of trial beginning on June 20, CRLP presented witnesses who testifed that the mandatory delay law would impose an undue burden on women seeking abortions in Michigan. As a result of Judge Murphy's ruling, CRLP federal case will be put on hold. However, should either the Michigan Court of Appeals or the Michigan Supreme Court reverse Judge Murphy's ruling and order the law enforced, the federal case would again become active.