SB 451 and HB 4763 are identical bills that would prevent any law that would cause an abortion clinic to close, increase their costs, or would cause a women to travel greater distances to have an abortion. In addition, it would prevent any law that would require doctors to preform any medical service that the doctor deems unnecessary such as ultrasounds prior to abortions.
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.
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.