Florida Supreme Court blocks 24-hour abortion waiting period

TALLAHASSEE -- Women in Florida will no longer be required to wait 24 hours before having an abortion -- at least for now.

The Florida Supreme Court on Friday tapped the brakes on the controversial state law, which requires women to visit a doctor in person a full day before an abortion. It's the latest in a protracted legal fight that began last summer after the measure was passed by the Republican-controlled state Legislature and signed by Gov. Rick Scott.

Gainesville-based abortion clinic Bread and Roses Women's Health Center and the American Civil Liberties Union of Florida sued the state, claiming the law violates broad privacy protections under the Florida Constitution. A Tallahassee circuit court still hasn't ruled on that question. The fight has so far focused on an injunction that had stopped the law from initially going into effect.

For about a day in July, the law was in effect before a judge issued the injunction. Then, a three-judge panel

of the 1st District Court of Appeals ruled Feb. 26 in the state's favor, allowing the waiting period to become state law while the lawsuit moved forward.

The Supreme Court's 5-2 ruling on Friday, however, puts the law's implementation back on hold while the state's highest justices decide whether to accept the case.

"We hope the Court will ultimately agree that Florida women are capable of making decisions about their health and their families without political interference," said Julia Kaye, staff attorney with the ACLU's Reproductive Freedom Project, "and that the Florida Constitution tolerates nothing less."

Supporters of the waiting period say it ensures women have time to consider the decision and protects them from be pressured by their partner or a doctor. During debate last year on the floor of the state Senate, former President Don Gaetz, R-Niceville, said doctors tried to convince his wife to have an abortion. She didn't, and their now-30-year-old daughter, Erin, was born.

"And I'm glad she had 24 hours to think about it," Gaetz said.

State Rep. Jennifer Sullivan, R-Mount Dora, who sponsored the new legislation, says the bill won't create an undue burden and is clearly constitutional.

"It's something that, when I wrote the language, I gave a lot of care to," Sullivan told the Herald/Times in February.

Opponents say the extra doctor's visit is an unnecessary burden, especially for poor women who may have limited access to transportation or find it difficult to take multiple days off work to have two appointments at a far-away clinic.

"The people of Florida care deeply about preventing unwarranted governmental interference with their private decisions, and that is exactly what this law does," Kaye said, arguing against the legislation in the 1st District Court in February.

This story was originally published April 22, 2016 at 12:00 AM with the headline "Florida Supreme Court blocks 24-hour abortion waiting period ."