As a legal battle continues to play out, attorneys for abortion clinics and a physician Wednesday asked the 1st District Court of Appeal to put on hold a new law that prevents abortions after 15 weeks of pregnancy.
The request came a day after a Leon County circuit judge denied a similar motion. Circuit Judge John Cooper on July 5 issued a temporary injunction to block the law, agreeing with the plaintiffs that it violated a privacy clause in the Florida Constitution.
The state, however, immediately appealed, which triggered an automatic stay of the injunction — effectively meaning that the law remains in effect during the appeal.
The plaintiffs asked Cooper to vacate the stay, a move that would have put the law on hold. But Cooper on Tuesday denied the request, leading to the plaintiffs asking the appeals court Wednesday to vacate the stay. In the request, attorneys for the plaintiffs pointed to “irreparable harm” if the 15-week limit is in effect while the appeal continues.
“If this (appeals) court does not vacate the stay, abortions after 15 weeks will be banned throughout Florida, violating Floridians’ constitutional rights and irreparably harming plaintiffs and their patients,” Wednesday’s motion said. “The equities here thus clearly demand vacating the stay.”
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