NRL News

Furious back and forth on Florida’s 24-hour waiting period

by | Jul 1, 2015

By Dave Andrusko

Pro-life Gov. Rick Scott

Pro-life Gov. Rick Scott

The action on Florida’s 24-waiting period is coming fast and furious. By the time you read this update, the legal status may have changed yet again.

As NRL News Today reported, at 2:00pm on Tuesday, Leon County Circuit Judge Charles Francis issued an 11-page decision granting the ACLU and the Center for Reproductive Rights their request for a temporary injunction that would have stopped the law from taking effect today.

But quickly after the injunction was granted, Florida Attorney General Pam Bondi’s office filed a notice with the First District Court of Appeals “triggering an automatic stay on Francis’ ruling,” according to Michael Auslen of the Miami Herald.

The ACLU then asked Francis to lift the stay. As of this morning, he had not responded, meaning that the 24-hour waiting period is in effect.

If that weren’t complicated enough, should Judge Francis lift the stay, “that would mean his initial ruling for an injunction could go forward and at least temporarily block the new law,” Auslen wrote. “Lawyers with the ACLU say they hope Francis will decide to lift the stay in the next day or two.”

Whew. Let’s back up for a second.

The ACLU filed its lawsuit June 11, one day after Gov. Rick Scott signed H.B. 633 into law. It offered the pro-abortion staple–that waiting 24 hours represented an “undue burden” on a woman’s right to abort–adding the argument that the law violates the right to privacy in the state Constitution.

“The state has argued not only that the waiting period law is legal under the Constitution but that there’s no reason the law’s implementation should be delayed,” Auslen explained. “Supporters modeled the law after waiting periods on the books in more than a dozen other states. They say a waiting period ensures that women have ample time to consider an abortion before undergoing the procedure and that it makes it harder for women to be coerced into ending a pregnancy.”

However Judge Francis bought both pro-abortion arguments, hook, line, and sinker.

We will update you as events unfold.

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Categories: Abortion