In a 28-page order, Judge Lenard wrote, "the Act's sweeping prohibition of at least five currently practiced abortion procedures places an undue burden and a substantial obstacle on a woman's right to choose to terminate her pregnancy...clearly prior to viability." By recognizing that the ban could prohibit both first and second trimester abortion procedures, Judge Lenard dispelled the rhetoric of the Act's supporters, who claim the ban affects only "late term" abortions.

According to Judge Lenard's order, the temporary restraining order will remain in effect until June 11. A preliminary injunction hearing has been scheduled for June 7, after which Judge Lenard will decide whether to continue to block enforcement of the ban through trial proceedings. No trial date has been set.

"For the second time in three years the legislature has attempted to deny Florida women access to the safest and most appropriate medical care available," said Janet Crepps, a staff attorney with CRLP, which represents abortion providers and their patients. "This ruling protects the health of women seeking abortions and recognizes that laws such as this pose a significant threat to reproductive rights."

The broad ban subjects doctors to criminal prosecution for providing the safest medical care. Additionally, the ban fails to contain adequate exceptions to protect women's life and health.

U.S. District Judge Donald L. Graham struck down a similar Florida law in 1998, criticizing its inadequate protection for the health and life of the woman. In his decision he stated, "Florida may not place its interest in fetal life above its interest in the life or health of a woman at any time during the course of pregnancy." Legislators failed to include an unqualified exception for the life and health of the woman in the new law, as well as other changes necessary to render it constitutional.