
Presidential Women's Center v. State of Florida (Florida, USA)
Florida’s 1997 biased counseling law requires that a physician provide information in-person to each abortion patient before the abortion is performed. The Center joined the challenge to this law in July 2002 as co-counsel for Plaintiffs Presidential Women’s Center and Dr. Michael Benjamin, who are being represented by lead counsel Marshall Osofsky of Moyle, Flanigan, Katz, Raymond and Sheehan, P.A. On October 13, 2004, the intermediate court of appeals in Florida struck down the law as unconstitutional. The case is now being briefed in the Florida Supreme Court.
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Summit Medical Center of Alabama v. Riley (Alabama, USA)
The Center challenged the constitutionality of Alabama’s waiting period law on numerous grounds and was successful in three important issues. First, the court recognized that the medical emergency language in the law must include consideration for a woman’s mental health. Second, the court acknowledged that the law should not apply to women who are carrying ectopic pregnancies or other fetuses with fatal genetic anomalies. Third, the court ruled that the State of Alabama was violating the First Amendment of the U.S. Constitution by forcing abortion providers to pay for materials that they are opposed to distributing. However, the victory does not provide complete relief for the women of Alabama, since the law contains mandatory delay requirements that serve no actual health purpose and are solely intended to discourage women from obtaining abortions. The law needlessly requires women to travel long distances, take additional time off from work, arrange child care, or even remain away from home overnight or pay for another round trip to the clinic.
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