Florida law that delays abortions 24 hours still going into effect
Attorney General Pam Bondi appeals judge's injuction Tuesday
A Florida judge attempted to block a new state law that requires women to wait 24 hours before getting an abortions.
Chief Circuit Judge Charles Francis blocked the law Tuesday, one day before it was scheduled to take effect.
The American Civil Liberties Union of Florida and the Center for Reproductive Rights filed a lawsuit after Republican Gov. Rick Scott signed it into law. They argued that the law violates the right to privacy guaranteed in the state constitution by interfering with the right of women to undergo the procedure.
“We’re very happy with the court’s decision because it protects their fundamental right to make decisions for themselves regarding their health care,” ACLU of Florida Legal Director Nancy Abudi said.
Planned Parenthood officials said the exemptions for incest and rape written into the law would have forced a woman to give up some of those rights.
“Many women don’t report sexual assault that they experience for a plethora of reasons, and to require documentation to be exempt created even more burden,” Planned Parenthood Director of External Affairs Anna Eskamani said. “It’s between a woman, her family, her doctor and her faith. Politicians don’t belong in this decision.”
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Francis wrote that state officials had not given any evidence to show why the new law is not a burden on privacy rights. He said it did not matter that other states have similar laws because Florida's right to privacy is broader.
Scott said he wasn’t concerned about a legal challenge when he signed the bill earlier this month.
“I think this is the right thing to do. I'm a parent and a grandparent and I care about the sanctity of life,” Scott said.
WESH 2 legal analyst Richard Hornsby said precedent set in other privacy cases gave the ACLU a firm position to fight the law.
“Morally, that may be a bit of an issue, but from a purely governmental question, there is no overriding need for that because we didn’t have one before and we don’t have it for any other medical procedure other than abortions,” he said.
Attorney General Pam Bondi has appealed Tuesday's injunction, meaning the law would go forward on Wednesday.
ACLU officials said they filed a motion, asking the judge to lift Bondi's stay and give some clarity.
Neither Scott nor Bondi have replied to WESH 2 News' requests for comment on Tuesday's ruling.