Representing abortion providers and their patients, CRLP asserts that the language in the 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. Additionally, the ban fails to contain adequate exceptions to protect women's life and health.

"The wording in this abortion ban violates women's right to choose and leaves providers to guess, on pain of criminal prosecution, which conduct it prohibits," states Janet Crepps, a staff attorney with CRLP. The penalties against physicians are harsher than in the 1998 version, having been increased from third to second degree felony charges, subject to $10,000 fines and up to fifteen years in prison.

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.

"Although legislators tinkered with the wording in the ban, they did not eliminate the critical flaws that make it unconstitutional -- notably failing to protect women's health and life," says Crepps. "Even if legislators had clearly stated they were only banning one specific procedure, Judge Graham has already ruled that such a law would impose an undue burden on a woman's right to choose."

Currently the U.S. Supreme Court is considering the constitutionality of Nebraska's "partial-birth abortion" ban. CRLP represents Dr. Carhart, the physician who challenged the Nebraska law. At stake is the ability of states to restrict abortion before fetal viability without regard for women's health and safety. The Supreme Court decision, which is expected by early July, will determine whether Florida's ban is constitutional.

Plaintiffs in A Choice for Women v. Butterworth, the challenge to Florida's abortion ban, include A Choice for Women, Edward R. Watson, M.D., Presidential Women's Center, Michael Benjamin, M.D., and Bella Doe. They are represented by Janet Crepps and Suzanne Novak of the Center for Reproductive Law and Policy, and local cooperating counsel Louis M. Silber of West Palm Beach and Charlene Carres of Tallahassee.