S.B. 451 – Sen. Rebekah Warren
Current Status
S.B. 451 and H.B. 4763 were introduced on June 14, 2017 and were referred to their respective Senate and House Health Policy Committees.
Description
S.B. 451 and H.B. 4763 are identical bills that would prevent any law that would cause an abortion clinic to close, increase their costs, or would cause a woman to travel greater distances to have an abortion. In addition, it would prevent any law that would require doctors to perform any medical service that the doctor deems unnecessary such as ultrasounds prior to abortions.
Background
These bills are intended to undo many of the health and safety laws that have been enacted over the years, including our abortion clinic licensing law. Unlike the Texas abortion clinic regulation recently struck down in court, Michigan’s health and safety laws and administrative rules serve the purpose of protecting women and maintaining standards of care.
History
In 2016, the Supreme Court ruled in Hellerstadt v Whole Women’s Health that the Texas abortion clinic licensing laws were too burdensome for the benefit they provided. In the decision, the court cited that since reported abortion complications (which are woefully underreported) were so low, the laws put in place by the Texas legislature were not necessary and therefore unconstitutional. The “benefit vs. burden” was created. This new standard essentially means that if the abortion industry feels that a law or rule is too burdensome, the imposing authority needs to prove there is a benefit that is greater than the burden it creates for the abortionist.