Florida judge blocks Florida’s 24-hour waiting period from taking effect

By Dave Andrusko

Chief Circuit Judge Charles Francis

Chief Circuit Judge Charles Francis

To the delight of pro-abortionists, a Florida judge has predictably blocked the state’s new 24-hour waiting period from going into effect. HB 633, which was strongly supported by the Florida legislature, was scheduled to goes into effect tomorrow.

The Associated Press’s Gary Fineout reported that in his opinion, Chief Circuit Judge Charles Francis

wrote that state officials had given no evidence to show why the new law is not a burden on privacy rights. He said it didn’t matter that other states have similar laws since Florida’s right of privacy is broader.

ACLU of Florida Legal Director Nancy Abudu said in a written statement, “We are very pleased that the court saw this law for what it is: an unconstitutional attack on the right of Florida women to make their own choices about their healthcare, including abortion.”

Since I do not have the opinion in front of me, I’ll wait until tomorrow to comment in detail. Two quick points.

First, the lawsuit was brought by the ACLU and the New York-based Center for Reproductive Rights. Either or both sue virtually every law (except, noticeably, the pain-capable unborn child protection act), so all they need do is find a single sympathetic judge to buy their “undue burden/privacy” argument. In Francis, they found just such a judge.

Second, the law passed the Florida Senate 26-13 and the Florida House 77-41. Gov. Rick Scott signed HB633 into law.

That widespread support–and the fact that 31 states 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–did not phase Judge Francis.