State Appeals Abortion Waiting Period Ruling
The state is appealing a Leon County circuit judge’s ruling that blocked a 2015 law aimed at requiring women to wait 24 hours before having abortions.
Attorney General Pam Bondi’s office filed a notice late Thursday that it will appeal the Jan. 9 ruling by Circuit Judge Terry Lewis, according to the Leon County courts website. The notice, as is common, does not detail the arguments the state will make to the 1st District Court of Appeal.
Lewis’ ruling made permanent a temporary injunction granted by the Florida Supreme Court last year after a Gainesville abortion clinic challenged the law as a violation of privacy rights under the state Constitution.
In his 10-page ruling, Lewis said the state failed to show there was a “compelling state interest” for the 24-hour waiting period and didn’t show that it was enacted in the “least restrictive” manner.
“The essential problem is that the language of the act --- what’s in it and what’s not -- belies the claimed compelling nature of the state interest being advanced, and demonstrates ambivalence, if not outright hostility, to the mandate that the least restrictive measures be utilized to advance that interest,” Lewis wrote.