Florida Supreme Court to hear challenge today to 24 hour waiting period

By Dave Andrusko

florida_supreme_court_buildingThe Florida Supreme Court will hear arguments today in a challenge brought against a 2015 Florida law that requires a 24-hour waiting period before a woman can abort.

The lawsuit is being brought by Bread and Roses, a Gainesville, Florida abortion clinic and other abortion-rights activists. They argue (what else?) that the requirement creates an “undue burden” and violates the state Constitution’s right of privacy.

As is often the case with pro-abortion litigation, there has been a bewildering number of conflicting decisions at various levels of the judiciary ever since pro-life Gov. Rick Scott signed the measure into law June 10, 2015.

On June 30, 2015, Circuit Court Judge Charles Francis agreed with the plaintiffs stopping the law from going into effect scheduled for July 1.

The state appealed to Florida’s First District Court of Appeals. In a great victory on February 26, 2016, the court reversed the injunction order and immediately reinstated the law.

However the abortion clinic and the pro-abortion group appealed to the Florida Supreme Court. On April 22, 2016, in a 5-2 decision, the Court stayed the law’s enforcement which halted the law and its protections until the court decided whether to take the case.

On May 5, 2016, the Florida Supreme Court formally accepted the case for review and set November 1 to hear arguments. Until the Florida Supreme Court resolves the case, the law remains blocked.

It is important to note that waiting periods are common sense legislation. 19 states have 24 hour waiting periods, three states have 48 hour waiting periods, and six states have a 72 hour waiting period. One state has an 18 hr waiting period.

“It is just bizarre to think that waiting 24 hours to end the life of your unborn baby and undergo a serious medical procedure is a burden” said Lynda Bell, President of Florida Right to Life.