CRLP filed for an emergency order to block the ban from taking effect on Friday. It was denied by sitting federal judge Ursula Ungaro-Benages, who ordered both parties-CRLP and the state-to attend the Wednesday hearing to determine whether the ban would continue to be enforced.

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.

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. The penalties against physicians are harsher in the current law in comparison to 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.

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.

For more information on abortion bans, including CRLP's case in the U.S. Supreme Court on Nebraska's abortion ban, see our special report.