Judge strikes down parts of state abortion law
A federal judge on Thursday threw out key parts of an abortion restriction law that would have blocked all state funding to clinics such as Planned Parenthood and required the inspection of as many as 35,000 women’s health records.
U.S. District Judge Robert Hinkle made permanent an earlier decision to temporarily halt those portions of the law from going into effect while a lawsuit filed against the state by Planned Parenthood was ongoing.
Earlier this month, the two parties reached an agreement to end the suit. In it, health officials agreed to the terms of Hinkle’s earlier ruling.
Gov. Rick Scott signed the abortion law this spring. It blocked state and local money from preventive services like STD and cancer screenings at abortion clinics. State law already bans taxpayer-funded abortions.
Planned Parenthood said it stood to lose $500,0000 in government contracts for Medicaid services and education programs as a result of the law and sued. The state contracts have already been renewed, said Laura Goodhue, Florida Alliance of Planned Parenthood Affiliates executive director. She’s hopeful local governments will again provide grants to Planned Parenthood in the future.
In his earlier ruling, Hinkle said that portion of the law discouraged clinics from performing abortions, which he said is unconstitutional.
“You can’t defund based on exercising a constitutional right,” he told lawyers for the state during a court hearing in June
He also threw out a requirement that the state review records for half of the abortions performed each year, which generally exceeds 70,000.
Technically, the state could appeal the ruling. However, because they requested that the judge make his injunction permanent, it’s not likely they would do so
Scott’s office has not yet said whether it intends to do so.
Some parts of the abortion law remain in effect, including a requirement that physicians performing abortions have admitting privileges at a nearby hospital or that clinics have a transfer agreement.
Though the U.S. Supreme Court threw out a law that forced Texas abortion doctors to have hospital admitting privileges, no one has challenged that part of the Florida law. Goodhue said Planned Parenthood doesn’t have any plans to do so at this time.