Court Orders Further Review of Reflection Period Prior to Abortion

Florida's First District Court of Appeal has sent a ruling that found a 24-hour reflection period prior to an abortion unconstitutional back to the circuit court for further consideration. Though plaintiffs may appeal the decision, it is expected the case will go to trial. The lower court suspended the 2015 law after a Gainesville abortion clinic challenged the required reflection period as a violation of privacy rights under Florida's constitution. 

The FCCB, which advocated for the legislature's passage of the reflection period, is encouraged by the court's action. The law provides a woman time to contemplate her decision and the alternatives available before proceeding with the termination of her pregnancy. A full hearing by the trial court will allow the State of Florida to bring forth evidence not considered earlier by the court, including anticipated testimony from post-abortive women and practicing physicians.

Patient consultation and procedures generally occur on separate days according to standard medical practice. Abortion is a notable exception and this law aligns abortion practices with those of other invasive procedures. Similar reflection periods are in effect in 27 states and have been upheld by the U.S. Supreme Court, but Florida's constitutional privacy provision prompts special considerations in the courts.