ACLU asks judge to issue injunction against 24-hour waiting period

By Dave Andrusko

ACLUlogoFlorida’s new 24-hour waiting period is scheduled to go into effect July 1 and pro-abortion forces are furiously trying to persuade the courts to issue an injunction.

As National Right to Life News Today reported, pro-life Gov. Rick Scott signed HB 633 into law earlier this month The law passed by large margins in both houses: in the Senate 26-1 and the House 77-41.


The ACLU had already filed a lawsuit against HB 633, arguing that the time of reflection “is overly restrictive, creates an undue burden’ and is unconstitutional under the Florida Constitution’s sweeping privacy protections,” the Miami Herald reported.

Now they have asked Chief Judge Charles Francis of the Second Circuit Court of Florida for an injunction. Judge Francis anticipates making a decision, but no sooner than tomorrow, the Herald’s Michael Auslen reports. “He could decide either to temporarily stop the law from going into effect or to allow it to continue,” according to Auslen. “In either case, it is likely the question will be appealed.”

Even if the injunction is granted, the law could—and should—be upheld later on. Thirty-one states already have waiting periods including 18 hours (in one state), 24 hours (23 states), 48 hours (three states) while four states have a 72 hour waiting period, with one more scheduled to go into effect this fall.

Blaine Winship , special counsel in the attorney general’s office, told the Herald that the Legislature has both a significant interest and a clear right to create a waiting period. He denied the new law would be unduly burdensome, he said.

“One, pregnant women are a vulnerable group … the distinct interests of fetuses are also at stake,” Winship said. “That’s because abortions are irreversible terminations of life.”

Winship added that the state has the unique ability to protect those interests.