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AG Nessel Files Response to Reproductive Freedom for All Request for Preliminary Injunction

LANSING – Today, Michigan Attorney General Dana Nessel filed her response to a request for a preliminary injunction in Northland Family Planning Center, et al v. Nessel, et al. The suit, filed in the Michigan Court of Claims, seeks a preliminary injunction while the Court considers the legality of three Michigan statutes still in effect following the passage of Proposal 2022-3, Reproductive Freedom for All (RFFA), which is now enshrined in article 1, § 28 of the Michigan constitution. 

The provisions being challenged are the “24-Hour Delay,” “Mandatory Biased Counseling,” and the “Provider Ban” contained in the Public Health Code.  

Despite being named a defendant in her official capacity, Michigan Attorney General Dana Nessel agrees the challenged provisions are unconstitutional and does not oppose the entry of a preliminary injunction enjoining enforcement of the challenged laws. 

“Michigan voters spoke loud and clear when they voted to enshrine reproductive freedom into Michigan’s constitution,” said Nessel. “It is only right that the Court issues this preliminary injunction in accordance with the protections now in place following the recent enactment of Proposal 3. I remain steadfast in my commitment to ensuring that the women of Michigan receive the healthcare services, and reproductive health freedoms, they need.” 

The Plaintiffs also sued Department of Health and Human Services Director Elizabeth Hertel and Department of Licensing and Regulatory Affairs Director Marlon Brown. 

The Department of Attorney General has erected a conflict wall on this matter. A team of assistant attorneys general, led by Deputy Solicitor General Eric Restuccia, has been assigned to defend the challenged provisions and will file to intervene on behalf of the State of Michigan. 


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