TALLAHASSEE (CBSMiami/NEWS SERVICE OF FLORIDA) – The 1st District Court of Appeal has agreed to hear arguments in a battle about the constitutionality of a 2015 state law that would require women to wait 24 hours before having abortions, according to an online docket.
The state took the case to the appeals court in February, after Leon County Circuit Judge Terry Lewis blocked the law. The online docket indicates the appeals court agreed Monday to hear arguments, though a date for the hearing is not listed.
Lewis’ ruling made permanent a temporary injunction granted by the Florida Supreme Court in 2017 after a Gainesville abortion clinic challenged the law as a violation of privacy rights under the state Constitution.
In his 10-page ruling, Lewis said the state failed to show there was a “compelling state interest” for the 24-hour waiting period and didn’t show that it was enacted in the “least restrictive” manner. Supporters of the law have contended a waiting period would give women more time to make informed decisions before having abortions.
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