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Abortion Wait Challenged

June 11th, 2015 by Mike Vasilinda

Less than 24 hours after Governor Rick Scott signed a controversial 24 hour waiting period into law, it is being challenged in court by an abortion provider and a group o medical students.  As Mike Vasilinda tells us, the ACLU is hoping to stop the waiting period before it takes effect July first.

On July first, women will be required to first get counseling, then return to the doctor at least 24 hours later before having an abortion. Rick Scott signed the legislation late Wednesday. By Thursday morning the American Civil Liberties was already in court seeking to stop the waiting period before it takes effect. ACLU of Florida Legal Director

Nancy Abudu Florida already has informed consent, so “In terms of informed consent, it’s unnecessary. And number two, the collateral consequences related to imposing this 24 hour waiting period such as the time involved and the cost.”

During debate on the House floor, Rep. Lori Berman argued the bill was unconstitutional because there were more convenient ways for women to receive the counseling in advance. “They could use telemedicine. They needed to make sure if a woman’s health was at state. But they wouldn’t take the amendments, so they didn’t use the least intrusive method.”

Florida voters approved the privacy amendment in 1980.

The Florida Supreme Court has said it provides more protection than the US Constitution.  And voters in 2012 declined to weaken those privacy protections.”

At 23, Sponsor Jennifer Sullivan is the youngest member of the state house. She isn’t a lawyer, but says she is confident the waiting period will be upheld.

“The specific language we used has been used in six other states that have strict privacy in their constitutions as well. It was challenged in five of those six states, but never enjoined” says Sullivan.

Sullivan says she filed the legislation to make sure women weren’t being coerced

into having an abortion by husbands and boyfriends.

During the bills debate, the Republican majority rejected an amendment making it a crime to coerce someone to have an abortion. The challenge has been filed in the state Capital. As of now, no hearing has been set.

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