State Says Abortion Waiting Period Does Not Infringe On Rights

August 15, 2016

Trying to move forward with a requirement that women wait 24 hours before having abortions, Attorney General Pam Bondi’s office has filed a brief at the Florida Supreme Court saying such a waiting period “does not significantly burden the right to privacy.”

The brief is part of a more than year-long legal dispute about a 2015 law that would require 24-hour waiting periods.

A Leon County circuit judge last year approved an injunction that blocked the state from carrying out the law, but the 1st District Court of Appeal in February overturned that ruling. The Supreme Court agreed in May to take up the case after earlier issuing a stay that at least temporarily halted the waiting-period requirement.

In a 49-page brief, Bondi’s office argued that 1st District Court of Appeal had ruled correctly when it rejected the “faulty injunction” by the lower-court judge. The brief also said the law does not restrict abortion rights or women’s privacy rights.

“The new law justifiably protects pregnant women from undergoing serious procedures without some minimal private time to reflect on the risks and consequences of the abortion. … The abortion decision involves deeply personal considerations, and a brief reflection period is a reasonable and minimally intrusive means of ensuring that informed consent to abortion is knowing and voluntary,” the brief said.

But in a brief filed in May, abortion-rights advocates asked the Supreme Court to block the law, saying in part that the waiting-period requirement “only imposes greater burden, stigma, and delay — and communicates the state’s condescending message that a woman seeking an abortion, alone among patients, is unable to decide for herself when she is ready to make an informed decision about her medical care.”

Justices have not scheduled arguments in the case.

Comments

10 Responses to “State Says Abortion Waiting Period Does Not Infringe On Rights”

  1. A on August 19th, 2016 12:20 am

    Abortion Sucks

  2. 429SCJ on August 17th, 2016 4:12 am

    Death can wait one more day, it has all the time in the world.

  3. David Huie Green on August 15th, 2016 3:52 pm

    It was intended to be a burden in hopes some women would reconsider.
    Why not be honest and admit it was intended to be a burden?

    David for honesty

  4. Citizen on August 15th, 2016 2:46 pm

    Pro Life, although sounds nice perhaps.
    Think of this, if you have a raging infection, you can’t take antibiotics because the microbes are alive
    If you have a roach infestation, no pesticides, the insects are part of life
    If an armed man is threatening your family, don’t stop him, he deserves to live.
    If the jails are full and burdening our way of live by leaving the death row people alive, leave them there, be over run, turn them back on the streets.
    If a warring nation is infiltrating your borders let them, they deserve to come in and take all you have.
    Take in millions of refugees, even though we are unable to sustain our own.
    Take in every stray cat and dog, let them multiply in your house unchecked, they are just cute kitties and puppies.
    NO….
    Through out history, it is a fact. You can not let this go on.
    Do you want immigrants flooding our borders to have children born with horrible deformations?
    We just can not allow it.
    Repeal the waiting period, it is not a good idea at all.
    God is in us, he gave us the ability to choose.
    Pam Bonding, how dare you.

  5. Citizen on August 15th, 2016 2:00 pm

    The waiting period may not infringe upon a woman’s rights by the law but it is a stupid thing to do. I absolutely disagree with any process that delays or interferes with a woman getting an abortion. It should not be debated or religiously hampered. It may be a very emotional well thought out heart rendering thing a woman has to chose. Yes birth control is best, abortion pills for early termination should be available, abstinence is impractical and the idea preached probably leaves a young woman vulnerable to the realities and practicalities of life and love and human sexuality. Look at the child abuse and hot car deaths. That should be headed off. The Roe vs Wade was landmark in the 1970 due to the politicians waking up to the need for this service for the entire society. Think of the old Elvis Presley song ” In the Ghetto” I am mostly republican but when I hear anyone bring up that they are against abortion they have their head in the clouds, or other places.. Pure stupidity and impracticality.

  6. Reality Check on August 15th, 2016 1:32 pm

    @molinoman, killing the innocent? Really? Medically, a fetus has to be viable OUTSIDE the womb for it to be considered alive. You’re views on how “women can’t stay out of bed with men” are also fairly ignorant. For one, it does take two people to make this happen. Maybe men should stay out of bed with women. Secondly, the practicing of effective birth control is actually a good idea. So maybe it should actually be covered in insurance since a Doctor does have to prescribe it or administer it in some cases. We shouldn’t make it harder to obtain. Also, it is possible to get pregnant while using birth control.

    Now go, attack the Amalekites and totally destroy all that belongs to them. Do not spare them; put to death men and women, children and infants, cattle and sheep, camels and donkeys.’” 1 Samuel 15:3

    Did I read that right, God commanded the killing of infants? Did he wait 24 hours before deciding? Try not to stand in the way other tax paying Americans and their choices. It’s actually none of your business what a woman or even a man decides to do with their own bodies.

  7. tiara on August 15th, 2016 12:29 pm

    @molinoman Listen, its hard enough to even find an abortion clinic and set up a time to go there. My closest abortion clinic is an hour and a half away. I assure you people spend more then a day just figuring out how they are going to get there and im the lucky one. Some people go out of state to get one. Then for that person to show up, have to wait a day out of state to get it. That’s a lot of money and does nothing more to hinder the person. Not give her more time to think.

  8. anne on August 15th, 2016 10:54 am

    It seems like we get a decent amount of time to consider any medical procedure unless it is an emergency, This does not seem unreasonable. Where is the problem?

  9. molino jim on August 15th, 2016 7:08 am

    When will the state understand that the woman has “had a chance to reflect” during the time she is pregnant. There is no need to spend more time and money on this subject. Some “law makers” ( and I use the term loosely) will not understand that the woman does not wake up one day and decide “this would be a nice day to get an abortion”.Scott and Pam must not have much going on in there offices to keep beating this dead horse. The stress that the states have put on women over the years is uncalled for.

  10. molinoman on August 15th, 2016 5:48 am

    A woman should wait 24h or even more in my opinion, to have time to reflect on murdering the innocent. I am shocked it’s not that way already. Before anyone says anything less than 5% of abortions are because of rape or incest and less than 1% due to the birth possibly causing a mother to die. So 94% or better of abortions are because a woman can’t stay out of bed with men or practice effective birth control.