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Women can ignore law on 24-hour abortion waiting period, Floridas Supreme Court rules
Women can ignore law on 24-hour abortion waiting period, Florida’s Supreme Court rules
February 16, 2017
BY MICHAEL AUSLEN
Herald/Times Tallahassee Bureau
Women do not have to follow a state law requiring them to see a doctor 24 hours before having an abortion, the state Supreme Court made clear Thursday in a ruling that upholds a lower-court decision blocking the law from going into effect.
The 4-2 decision says the 24-hour-delay law, which was signed by Gov. Rick Scott in 2015, has a “substantial likelihood” of being ruled unconstitutional under broad privacy protections in the state Constitution.
“Because the right of privacy is a fundamental right within Florida’s constitution, this Court consistently has required that any law intruding on this right is presumptively unconstitutional and must be justified by a ‘compelling state interest’ which the law serves or protects through the ‘least restrictive means,’ ” Justice Barbara Pariente wrote in the decision.
The law has been effectively blocked for most of the 20 months since it went into effect.
http://www.miamiherald.com/news/state/florida/article133096884.html
February 16, 2017
BY MICHAEL AUSLEN
Herald/Times Tallahassee Bureau
Women do not have to follow a state law requiring them to see a doctor 24 hours before having an abortion, the state Supreme Court made clear Thursday in a ruling that upholds a lower-court decision blocking the law from going into effect.
The 4-2 decision says the 24-hour-delay law, which was signed by Gov. Rick Scott in 2015, has a “substantial likelihood” of being ruled unconstitutional under broad privacy protections in the state Constitution.
“Because the right of privacy is a fundamental right within Florida’s constitution, this Court consistently has required that any law intruding on this right is presumptively unconstitutional and must be justified by a ‘compelling state interest’ which the law serves or protects through the ‘least restrictive means,’ ” Justice Barbara Pariente wrote in the decision.
The law has been effectively blocked for most of the 20 months since it went into effect.
http://www.miamiherald.com/news/state/florida/article133096884.html
The law has not been overturned in the courts, this just keeps the stay that prevents it from being enforced. But it looks very likely that it WILL be overturned!
