TALLAHASSEE, Fla. – The Florida Supreme Court is suspending the state's 24-hour waiting period for abortions until it decides whether to hear a lawsuit claiming that the law is unconstitutional.
The 5-2 decision comes two months after an appeals court allowed the law to go into effect. The Supreme Court ruling was immediately praised by the American Civil Liberties Union of Florida, which is suing on behalf of a Gainesville clinic to block the law.
"Women should not suffer this burden while there is an ongoing challenge to this unconstitutional law. Forcing women seeking an abortion to make multiple visits that are medically unnecessary especially burdens poor and working women, and is potentially dangerous," said Nancy Abudu, legal director of the ACLU of Florida. "This law was about the Legislature creating needless burdens to limit a woman's access to reproductive care."
The ACLU said the Florida Constitution protects women's private medical decisions.
Republican Gov. Rick Scott signed the waiting period into law last year, at the time joining at least 26 other states with similar laws. Scott's office didn't immediately react to the ruling.
"We will review it," Scott spokeswoman Jackie Schutz said.
While not a party to the lawsuit, Planned Parenthood of Florida said the law has caused problems for women seeking abortions during the two months it's been in effect.
"It's definitely been difficult for many of them. They've traveled a great distance just to be told they have to come back and take time off work or classes," said Laura Goodhue, a spokeswoman for the group. "Politicians are passing laws with the intent of shaming and judging women."
Goodhue told News4Jax that the legislation is harmful to women, causing shame and judgment in the middle of an already difficult time.
"Since this law has been in effect, Planned Parenthood patients have had to make two medically unnecessary trips to the provider, and this has caused a burden on women," Goodhue said. "If a doctor isn’t available the next day, which is often, they will have to reschedule child care, work, classes, and that often pushes their pregnancy further along and really, again, is a medically unnecessary law.”
The court's decision to put a hold on the law about abortion wait time is not acceptable, state Rep. Lake Ray of District 2 told News4Jax.
"If you've got a three-day waiting period on guns, you should at least have the same for abortions," Ray said. "These are not simple procedures. These are dangerous procedures. We have women who have unfortunately lost their lives under the direction of these so-called medical procedures here in the state.”
Attorney Randy Reep said the timing of the Supreme Court’s decision is interesting.
“Typically, a review court will make a determination of the constitutionality of a law once the suit has been brought forward. It is a little backward of where appellate courts, the Supreme Court being the ultimate appellate court, make a ruling. Usually there is a lawsuit before it," Reep said.
He said the courts will be taking a deeper look at whether the 24-hour waiting period places an undue burden on women.
“Abortion litigation has been going on for about 30 years. Many of these issues have been vetted by the U.S. Constitution throughout other states. So the Florida Supreme Court, I believe, is taking a look at how this is played out in other courts," Reep said.
While the court's decision doesn't guarantee that it will review the law, it's a good indication that it will.
Justices Ricky Polston and Charles Canady opposed the decision.