A judge has ruled that a proclamation from Gov. Kim Reynolds suspending non-emergency medical procedures such as abortions can be put into effect.
Following a short phone hearing Wednesday, the State noted that medical factors and the timing of a pregnancy in relation to when the proclamation ends are relevant as to whether or not a surgical abortion would be classified as "nonessential."
The proclamation is set to expire April 16 at 11:59 p.m. and suspends "elective and nonessential medical and dental procedures."
A court order clarified that a temporary injunction would not be necessary, as groups such as Planned Parenthood "were already intending" to determine which of their procedures could be delayed without "undue risk" to their patients' health.
Multiple groups are suing Reynolds for issuing the proclamation as part of the state's response to COVID-19, stating that the abortion procedures are "essential."
"Upon reviewing the affidavits submitted by the Petitioners, it appears they were under the impression that the Proclamation restricted almost all surgical abortions," Judge Andrew Chappell wrote in his order. "It also appears that, in initially planning to comply with the Proclamation, both Planned Parenthood of the Heartland and Emma Goldman Clinic were already intending to determine what procedures, including surgical abortions, could be delayed without undue risk to the health of their patients."
Read the full order here.
"Governor Reynolds is pleased that her proclamation remains in full effect and that surgical abortions will not be exempted from this suspension of nonessential and elective surgeries," Reynolds' office said in a statement.
Planned Parenthood and the ACLU released the following statement:
"We are all hoping for the quick end to this pandemic crisis and, in the meantime, we want to reassure patients that if they need to seek abortion or other reproductive health care services, they should contact Planned Parenthood to consult with a health care provider. We, like all health care providers, must be focused on our patients right now and today’s agreement allows us to do so. "
While an injunction has not been placed on the proclamation, the litigation is allowed to continue.