Angela Dempsey, a Leon County, Florida circuit judge, is expected to uphold a 2015 Florida law requiring women seeking an abortion to wait 24 hours before going through the procedure. Dempsey indicated her decision earlier this week on Wednesday.
The order would be another indicator of a trend, nationally, of pro-life judicial and legislative victories. Even in a predominantly left-leaning state like Connecticut, its first-ever March for Life garnered thousands of attendants.
Also earlier this year, the Florida Legislature passed a 15-week abortion ban that will likely face its own legal challenges, but the bill is modeled after a Mississippi law that is currently being considered before the Supreme Court of the United States with the potential of overturning the landmark abortion case Roe v. Wade.
The American Civil Liberties Union and Planned Parenthood are the plaintiffs against the 2015 Florida law arguing that politicians ought not to be able to determine women’s health choices.
“This law is an insult to Floridians and their ability to make their own medical decisions,” said Julia Kay, staff attorney for the ACLU Reproductive Freedom Project. “When someone has determined that having an abortion is the best decision for them and their family, politicians should not be in the business of putting unnecessary obstacles in their path, but that is exactly what this law does.”
Attorneys for the state responded by saying the 24-hour requirement would allow women the time to “fully consider what is a life-changing decision.”
“Florida has a compelling interest in promoting informed consent for abortions regardless of the stage of pregnancy, and a 24-hour waiting period is the shortest reasonable time to assure that women will be positioned to consider the required disclosures away from the pressures of a doctor’s office,” the motion from the state’s attorneys said.
Across the country, states have moved to further restrict abortion access, indicating a pro-life legal trend.
Oklahoma lawmakers passed a bill to nearly ban all abortions in the state by an overwhelming vote of 78-19. Similarly, the Texas Supreme Court recommended dismissing a lawsuit challenging the state’s “heartbeat” abortion ban. Arizona also passed a 15-week abortion ban that Gov. Doug Ducey (R) is expected to sign.
While there has been a pro-life trend, some states have doubled down on their pro-abortion stance and have recommended abortion be included as a constitutional right in their state constitution. Maryland and Vermont are two of the states advocating for abortion to be included.
The Florida court’s order would have no regulatory bearing on Florida’s recently-passed 15-week abortion ban, and bill sponsor State Senator Kelli Stargel (R-Lakeland) said she never “dreamed” Florida would be in this position.
“I never dreamed I’d be standing here today, not just giving parental notice, but actually being able to save the life of babies that are past 15 weeks of gestation. God is so good,” Stargel said.
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Grant Holcomb is a reporter at The Florida Capital Star and The Star News Network. Follow Grant on Twitter and direct message tips.
Photo “Angela Dempsey” by Seventh Judicial Circuit of Florida. Background Photo “Embryo Week 9-10” by lunar caustic. CC BY 2.0.
