24-Hour Abortion Reflection Period Ruled Unconstitutional by Circuit Judge

A 2015 state law requiring a 24-hour reflection period prior to an abortion was ruled unconstitutional this week by Leon County Circuit Judge Terry Lewis. Judge Lewis' decision makes permanent a temporary injunction granted by the Florida Supreme Court last year after a Gainesville abortion clinic challenged the law as a violation of privacy rights under the state's Constitution.

The state argued that the reflection period aligns abortions with standard medical practice. Judge Lewis highlighted exceptions for other procedures that are not contemplated by the law, which played heavily into his decision.

The FCCB supported this bill through the legislative process. In an earlier appeal, it was joined by the Pellegrino Center for Bioethics at Georgetown, the National Catholic Bioethics Center, and the Catholic Medical Association on an  amicus curiae brief.

An appeal by the state is possible. 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.