The Florida Supreme Court has temporarily lifted a 24-hour waiting period for women wanting to have abortions in the Sunshine State.
The state’s highest court ruled 5-2 Friday it would be temporarily putting a hold on the state law, which requires women to visit a doctor in person a full day before they have an abortion.
Justices Ricky Polston and Charles Canady opposed the decision.
The hold will be in effect until the Florida Supreme Court decides whether or not it will take up a lawsuit from the American Civil Liberties Union of Florida and Gainesville Bread and Roses Women’s Clinic, which says the law is unconstitutional and would unnecessarily burden poor and working women who might not be able to seek abortions locally.
“Forcing women seeking an abortion to make multiple visits that are medically unnecessary especially burdens poor and working women, and is potentially dangerous,” said legal director of the ACLU of Florida Nancy Abudu, saying her organization was glad the Florida Supreme Court had lifted the law. "This law was about the legislature creating needless burdens to limit a woman's access to reproductive care."
The waiting period law went into effect last year after being approved by the state Legislature, but has been mired in controversy ever since.
Just a day after Gov. Rick Scott signed the bill into law, it was quickly met with pushback from a Leon County judge who issued an injunction to block delays for women seeking abortions.
The fight against the law continued to this year, when a three-judge panel of the 1st District Court of appeals ruled in favor of the state and allowed the waiting period to continue.
Supporters of the waiting period say the abortion wait period was necessary in order to prevent clinics from profiting off of vulnerable women, but opponents of the law say it severely infringes on women’s reproductive rights by making them jump over more hurdles to get an abortion.
Florida is one of many states with waiting periods for abortions in effect. Thirty-eight states require women to receive counseling before an abortion is performed and 28 states have a waiting period for abortions. Most states’ waiting periods are 24 hours between counseling and the abortion procedure.
State lawmakers chimed in with their disappointment on Friday’s ruling.
"I am deeply disappointed by the Florida Supreme Court's decision to invalidate a 24-hour waiting period on abortions; however, I can't say I am surprised,” said House Speaker Steve Crisafulli.
Crisafulli said he believes the state’s current court is unbalanced, however, which may have contributed to the ruling.
“In my opinion, this has been one of the most activist and overreaching State Supreme Courts in recent memory,” Crisafulli said. “I believe our government operates best when all sides respect the balance of power. It appears that several of our Justices seem to believe it is their job to invalidate any action of the legislature, regardless of the law and constitution. I do hope that our next appointees will have a better understanding and appreciation for the true role of our Courts."
This is a developing story. Check back for updates.
Reach reporter Allison Nielsen by email at allison@sunshinestatenews.com or follow her on Twitter: @AllisonNielsen.
