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Florida Supreme Court sets date to hear challenge to 24 hour waiting period

Aug 17, 2016

By Dave Andrusko

Florida Gov. Rick Scott

Florida Gov. Rick Scott

The Florida Supreme Court on Tuesday set a date for arguments in a challenge brought against a 2015 Florida law that requires a 24 hour waiting period before a woman can abort.

The justices will hear oral arguments November 1.

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.

A Gainesville, Florida abortion clinic and a pro-abortion advocacy group sued the state, arguing that the law violates the Florida Constitution’s right of privacy. On June 30, 2015, Circuit Court Judge Charles Francis agreed, 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. 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.

Categories: Judicial