Gainesville Woman Care LLC, et al. v. Florida, et al., 210 So. 3d 1243 (2017)

The Florida Supreme Court affirmed a trial court’s grant of temporary injunction blocking enforcement of the state’s Mandatory Delay Law. The law imposed a 24-hour waiting period on women seeking abortions. The Court explained that since the law implicated the fundamental right of privacy, it was automatically subject to strict scrutiny review. It found that the court of appeals had improperly put a burden on the challengers to establish that the law imposed a “significant restriction” on the right to privacy before applying strict scrutiny. The Florida Supreme Court observed that the state had presented no evidence of a compelling state interest or that the law served that interest through the least restrictive means.   

Topics

• Abortion and reproductive health rights
• Gender discrimination

Geographical location

• North America
• United States
• Florida

Keywords

• Abortion/reproductive health rights; constitutional rights
• medical and health vulnerability of pregnant women
• access to healthcare

Year

• 2017

External URL

• Gainesville Woman Care LLC, et al. v. Florida, et al., 210 So. 3d 1243 (2017)

Court

• Supreme Court of Florida

Type

• Domestic Case Law

Jurisdiction

• Florida