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A Florida district court of appeals has reversed summary judgement from a trial court which invalidated a 24-hour abortion waiting period. The court of appeals wrote that state of Florida has provided sufficient evidence to make a case for the constitutionality of a 24-hour abortion waiting period, meaning the case will return to a lower court for a full trial.

In 2015, Florida added a waiting period to its Informed Consent Abortion Law. However, in 2017, the Florida Supreme Court reinstated an injunction against the 24-hour waiting period, and the case returned to trial court. The trial court granted judgment to the plaintiffs, saying that the 24-hour waiting period for abortions is unconstitutional.

The state of Florida appealed that decision, and Liberty Counsel filed an amicus brief on behalf of the American Association of Pro-Life Obstetricians and Gynecologists (AAPLOG) and the American College of Pediatricians (ACPeds) that provides medical research showing that the 24-hour waiting period established in Florida law is in keeping with standard practice in other medical procedures. The district court of appeals cited the amicus brief in its decision to reverse summary judgement.

Rep. Jennifer Sullivan was one of the sponsors of the Informed Patient Consent bill. Sullivan, who became the youngest female member ever elected to the Florida House of Representatives, is a Covenant Journey alumna who participated as a college student on a Covenant Journey tour in Israel.

“I am pleased that the court breathed new life into this important law,” said Mat Staver, Founder and Chairman of Liberty Counsel. “The court of appeals cited our brief. The 24-hour waiting period is critical because abortion is a life and death decision. Abortion advocates oppose a waiting period because they fear the mother will choose life. How sad that a mother can kill her pre-born child without waiting even 24 hours, and yet, when someone other than the mother kills the same child, it is a criminal offense,” said Staver.

Author: Liberty Counsel