Planned Parenthood asks federal court to strike new abortion law
TALLAHASSEE, Fla. » Parts of a new law that would end funding for Planned Parenthood and impose new regulations on abortion clinics set to take effect Friday could be struck down by a federal court judge.
Judge Robert Hinkle heard arguments today from Planned Parenthood attorneys urging him to block the law, which would cut off money for their health clinics for non-abortion-related programs.
“(Planned Parenthood) cannot be prevented from getting government funding just because they provide abortions,” said attorney Carrie Flaxman.
Lawyers for the Florida Agency for Health Care Administration, the state agency that oversees abortion clinics, countered that the state has the right to not entangle itself or its funding with abortion providers.
“If the state can refuse to fund abortions, the state can refuse to indirectly support abortion providers with money,” said AHCA attorney Denise Harle.
Planned Parenthood also is challenging two other parts of the law — a requirement that AHCA inspect half of all abortion procedure documents and a redefining of the amount of time that constitutes the first trimester of a pregnancy.
Don't miss out on what's happening!
Stay in touch with top news, as it happens, conveniently in your email inbox. It's FREE!
Flaxman said the inspection requirement was unconstitutional because it specifically targets abortion clinics, which provide a legal service. He also said it was an invasion of patients’ privacy and “untethered to any administrative need.”
Harle countered that women seeking abortions are not targeted by the law, which is intended to improve care at the clinics, not shut them down, she said.
“It would not create any sort of burden on the women who are having the abortions,” Harle said.
Hinkle challenged both sides during their arguments, noting that the constitutional right to an abortion established by the U.S. Supreme Court in Roe v. Wade is the right of the person seeking the abortion, not abortion clinics or providers.
He also questioned the state’s reasons for blocking funding for non-abortion-related programs run by Planned Parenthood that receive federal or local grants, such as a high school dropout prevention program in Palm Beach County.
The hearing Wednesday was to consider an emergency injunction before the law takes effect on Friday, meaning Hinkle could rule before the end of the week. The underlying case, however, will continue next month.
The case is just the latest front in the long-running legal battle over abortion rights.
The U.S. Supreme Court on Monday struck down a Texas law requiring doctors providing abortions at clinics to have admitting privileges to a hospital within 30 miles of the clinic. The new Florida law contains a similar provision, but allows for clinics to have a patient transfer agreement with nearby hospitals.
Planned Parenthood officials did not challenge that part of the law and said they will comply with that provision when it takes effect Friday.
In a separate case, a 2015 Florida law requiring a 24-hour waiting period before receiving an abortion is still making its way through the courts. The Florida Supreme Court issued an emergency injunction in April blocking the waiting period while it decides whether to take up the case.
——
©2016 The Orlando Sentinel (Orlando, Fla.)
One response to “Planned Parenthood asks federal court to strike new abortion law”
Leave a Reply
You must be logged in to post a comment.
Planned Parenthood is a private organization and has no right to taxpayer funding.