Assuring that Florida's abortion ban will
not be enforced, today the state conceded to enjoin the so-called
"partial-birth abortion" law in papers submitted jointly with the Center
for Reproductive Law and Policy (CRLP) to Judge Joan A. Lenard. If
accepted by Judge Lenard, the law will remain blocked until further action
by the court. Judge Lenard is expected to accept the agreement.
Both sides agreed to convene in mid-July to discuss the implications on
the Florida ban resulting from the U.S. Supreme Court decision in CRLP's
challenge to a comparable Nebraska ban. The Supreme Court is expected to
issue a decision on the constitutionality of the ban in late June. Further
proceedings in this case will be determined at that time.
"The state's concession to block this extreme law will permit women
to make personal medical decisions without government intervention,"
said Janet Crepps, a staff attorney with CRLP, which represents abortion
providers and their patients in the case.
A preliminary injunction hearing was scheduled for today, 5 days after
Judge Lenard temporarily blocked the law. In a 28-page order, she 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."
CRLP asserts that the language in the Florida law is so broad that it
would prohibit abortion early in pregnancy -- beginning as early as 11
weeks of pregnancy -- and subject doctors to criminal prosecution for
providing the safest medical care. Legal challenges have been mounted in
21 of the 31 states that have passed such abortion bans. In 20 states the
laws have been blocked or severely limited.
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 did not
include a health exception, provided only a qualified life exception, and
failed to make other changes necessary to render it constitutional.
For more information on abortion bans, including CRLP's case in the
U.S. Supreme Court challenging Nebraska's abortion ban, see our website at
www.crlp.org/special.html.