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FL Supremes Side With Circuit Judge, Leaves Abortion Waiting Period On Hold

Rep. Sullivan (R-Mount Dora) receiving a standing ovation from fellow Republicans after floor debate for the abortion waiting period law in 2015.
Mark Foley
Florida House of Representatives

The Florida Supreme Court is backing up a lower court’s decision to put Florida’s abortion waiting period law on hold.

The high court has ruled the burden of proof falls on the state.  Writing for the majority, Justice Barbara Pariente says the law triggers Florida’s strong privacy protections, and the state needs to prove the law serves a compelling interest by the least restrictive means.  Original sponsor Rep. Jennifer Sullivan (R-Mount Dora), believes her measure is lawful.

“I do believe that if you look at the evidence of the case, and this law, and you interpret the Florida Constitution—as narrowly tailored as it is, with privacy clauses—that it is constitutional,” Sullivan says.

The ruling leaves the temporary injunction in place.  Litigation to determine whether the law is constitutional could continue.