Appeals Court Puts Abortion Waiting Period Back In Place

Feb 28, 2016
Originally published on February 26, 2016 3:23 pm

Florida women seeking an abortion will now have to wait 24 hours and make a separate trip to their physician.  This comes after an appeals court overturned a ruling putting the law on hold.

In last year’s legislative session, lawmakers passed a law requiring a 24 hour reflection period before getting an abortion.  After a challenge from the American Civil Liberties Union the measure was put on hold.  But Friday, Florida’s First District Court of Appeal overturned that injunctionmeaning the law immediately takes effect.  In its ruling, the appeals court criticizes the trial judge for imposing the injunction without developing a factual record.  In a concurrence, Judge Bradford Thomas singles out the trial court’s application of a standard known as strict scrutiny.  He says when the case is revisited, that standard can’t be applied unless it’s shown the waiting period “significantly restricts a fundamental right.”

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