Judge definitively blocks Florida abortion law
Existing law blocks public funds from paying for abortion procedures, but the new measure goes further.
In addition to blocking state money from abortion providers, the law added inspection requirements on clinics. They filed a joint motion with the plaintiffs earlier this month agreeing to end the litigation.
But Planned Parenthood argued that the law, in part, would prevent women from getting needed health services, such as cancer screenings and tests for sexually transmitted diseases.
After Hinkle issued the preliminary injunction in June, Senate bill sponsor Kelli Stargel, R-Lakeland, called his ruling “a clear infringement on both the Legislature’s constitutional authority to appropriate taxpayer dollars, and our responsibility to properly regulate medical facilities”.
“We are grateful the court stepped in to stop Rick Scott in his tracks and protect access to health care”, said Lillian Tamayo, CEO of Planned Parenthood of South, East and North Florida.
The move by the Scott administration greatly sped up resolution of the case. It is “reviewing” the ruling, spokeswoman Jackie Schutz said. The law was initially set to take effect in May, though court orders have suspended it. The state contracts have already been renewed, said Laura Goodhue, Florida Alliance of Planned Parenthood Affiliates executive director.
In his earlier ruling, Hinkle said that portion of the law discouraged clinics from performing abortions, which he said is unconstitutional.
“The Supreme Court has repeatedly said that a government cannot prohibit indirectly – by withholding otherwise-available public funds – conduct that the government could not constitutionally prohibit directly”, Hinkle wrote.