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Brendan Farrington

Florida law shifts burden of proof in ‘Stand Your Ground’

Florida became the first state with a law that spells out that prosecutors, and not defendants, have the burden of proof in pretrial “stand your ground” hearings when Republican Gov. Rick Scott signed a bill Friday.

The measure was among 16 bills that Scott signed, including a bill that gives students and school employees a broader right to express their religious viewpoint in schools.

The “stand your ground” bill was fought by prosecutors who say it will make their job more difficult to convict people who commit acts of violence and claim self-defense.

The Florida Supreme Court ruled in 2015 that defendants have to prove in pretrial hearings that they were defending themselves in order to avoid prosecution on charges for a violent act.

That led Republicans to seek to shift that burden. They argued that it protects a defendant’s constitutional right that presumes they are innocent until proven guilty. But opponents said it will embolden people to shoot to kill, and then claim self-defense knowing that the only witness against them can no longer testify.

Only four of the other 21 states with “stand your ground” laws mention burden of proof – Alabama, Colorado, Georgia and South Carolina – and all place it on defendants.

Many states have long invoked “the castle doctrine,” allowing people to use deadly force to defend themselves in their own homes.

Florida changed that in 2005, so that even outside a home, a person has no duty to retreat and can “stand his or her ground” anywhere they are legally allowed to be. Other states followed suit, and “stand your ground” defenses became much more common in pre-trial immunity hearings and during trials.

The 2012 killing of unarmed teenager Trayvon Martin by neighborhood watch volunteer George Zimmerman opened a debate about the limits of self-defense, and it hasn’t let up since Zimmerman was acquitted of second-degree murder after jurors received instructions on Florida’s “stand your ground” law.

Republished with permission of the Associated Press.

Florida could pave new changes in ‘stand your ground’ laws

Lucy McBath is afraid many more people will die if Florida Gov. Rick Scott signs a bill making it harder to prosecute when people claim they commit violence in self-defense.

She already lost her son, an unarmed black teenager, when a white man angry over loud music and claiming self-defense fired 10 times at an SUV filled with teenagers.

The measure before Scott would effectively require a trial-before-a-trial whenever someone invokes self-defense, making prosecutors prove the suspect doesn’t deserve immunity.

Scott hasn’t revealed his intentions, but he’s a National Rifle Association supporter, and this is an NRA priority.

“If it passes in Florida, then they take that same legislation and they push it on the legislative floors across the country,” said McBath, whose 17-year-old son Jordan Davis was killed by Michael Dunn outside a Jacksonville convenience store in 2012.

Many states have long invoked “the castle doctrine,” allowing people to use even deadly force to defend themselves in their own homes.

Florida changed that in 2005, so that even outside a home, a person has no duty to retreat and can “stand his or her ground” anywhere they are legally allowed to be. Other states followed suit, and “stand your ground” defenses became much more common in pre-trial immunity hearings and during trials.

The 2012 killing of unarmed teenager Trayvon Martin by neighborhood watch volunteer George Zimmerman opened a debate about the limits of self-defense, and it hasn’t let up since Zimmerman was acquitted of second-degree murder after jurors received instructions on Florida’s “stand your ground” law.

Florida Republicans made this bill a priority after the state Supreme Court ruled in 2015 that the defendant has the burden of proof before trial. If Florida starts a national trend to shift that burden to prosecutors, it’ll be just fine with Republican Rep. Bobby Payne, who sponsored the bill.

Only four of the 22 or more state “stand your ground” laws mention this burden of proof — in Alabama, Colorado, Georgia and South Carolina — and all place it on defendants.

“It’s about following our right of innocent until proven guilty,” Payne said. “It’s about Fifth Amendment rights, it’s about due process, it’s about having a true immunity, for when folks really believe they’re in imminent threat of great bodily harm or death, to defend themselves properly.”

Senators originally wanted prosecutors to prove “beyond a reasonable doubt” before trial that self-defense didn’t justify a violent crime. The final legislation lowered the threshold to “clear and convincing” evidence.

Either way, it makes prosecuting violent crimes more difficult, experts say.

“I think there will be more false ‘stand your ground’ claims,” said former Broward County prosecutor Gregg Rossman, who has tried 65 murder cases. The pre-trial hearings are “very much going to be like a mini-trial.”

Proving a killer didn’t act in self-defense when there are no living witnesses would be particularly hard, he said: “I worry the most about the one-on-one cases. You and I get into an argument and I shoot you. Who speaks for you?”

But public defenders say it should help people who were simply trying to defend themselves. Prosecutors often use the threat of minimum mandatory sentences to coerce people into accepting a plea deal even if their use of force was justified, said Stacy Scott, a public defender in Gainesville.

“It’s going to force them to deal more fairly with citizens who are charged with crimes, and will help our clients either get better plea offers or exonerate themselves earlier in the process so they don’t have to wait until a jury trial and risk everything they have in order to litigate their case,” Scott said.

McBath, who lives in Marietta, Georgia, believes the guilty will more likely escape convictions. It took two trials to convict her son’s killer of murder.

“We’re just one out of so many,” she said. “Because we won our case, I honestly, honestly believe that’s the reason why they’re putting these additional measures into ‘stand your ground.’”

Justifiable homicide claims have doubled on average in states that have passed “stand your ground” laws, said John Roman of the independent research organization NORC at the University of Chicago.

Also, whites who kill black people are 10 times more likely to win a “stand your ground” claim than blacks who kill whites, said Roman, who analyzed these cases while at the Urban Institute think tank.

Studies also show that white people are more likely to feel threatened by black people than the other way around, “and if you then add onto implicit bias the ability to use lethal force, it’s reasonable then to expect that lethal force will be disproportionately applied to minorities,” he said.

Republished with permission of The Associated Press.

Florida passes bill to issue certificates for miscarriages

Florida could become the first state to issue what’s essentially a birth certificate for women who’ve had miscarriages under a bill the Legislature sent to Gov. Rick Scott on Thursday.

The Grieving Families Act would give parents the option of receiving a state-issued certificate if a pregnancy is lost between nine weeks and 20 weeks of gestation.

“The parent can name the child if they have a gender or they can just name it Baby Smith,” said Republican Rep. Bob Cortes, the bill’s House sponsor. “It doesn’t matter whether you’re a Republican or Democrat, somebody in life has been touched through a miscarriage and they understand how important this is as part of the grieving process.”

The Senate passed the bill unanimously Thursday, three weeks after the House passed it on a 115-1 vote. The bill was worded in a way to ensure it wouldn’t spark a partisan argument over whether the state was trying to define life.

“This has nothing to do with personhood,” said Democratic Sen. Lauren Book, who said she received calls from people concerned about the bill. “It rather gives families that are grieving during a very difficult time some closure.”

Pregnancies that end at 20 weeks or later are considered stillbirths and death certificates must be issued. Parents can also request a birth certificate in such cases. A handful of states allow death certificates to be issued to women who’ve had miscarriages, but Cortes said Florida would be the first to issue what would be called “certificates of nonviable birth.”

He said many couples who grieve after a miscarriage already seek out certificates.

“They’re doing it right now, they’re just paying ungodly amounts of money for a fake certificate on the internet,” he said. “You have parents that have had miscarriages at 19 weeks and they find out after the grieving process that one more week and they could have gotten a certificate, and now they can’t get it.”

The certificate would contain language that it is not to be used as proof of a live birth.

Republished with permission of The Associated Press.

Helping kids who make mistakes: Florida considering 2 ideas

There’s widespread agreement between lawmakers, law enforcement and child advocates that the state can do more to help juveniles who make stupid mistakes to stay out of trouble and avoid a criminal record that could follow them the rest of their lives.

But what approach it should take is still a matter of disagreement.

“Everybody’s heart is absolutely in the right place wanting to decriminalize being a youth in Florida, it’s just a matter of how to go about it,” said Mary Slapp, vice president of Teen Court of Sarasota, a juvenile diversion program in which offenders are tried by other teenagers and sentenced to community service.

There are two bills moving through the Legislature aimed at helping young offenders by getting them into diversion programs, like teen court, after they’ve committed their first misdemeanor crime.

A Senate bill would mandate that law enforcement issue a civil citation after a first juvenile arrest for a list of specific misdemeanors and a House bill would automatically expunge a youth’s arrest record after a diversion program is completed.

All sides agree the expansion of civil citation programs around the state has helped keep youth from committing more crimes, but tinkering with the program to improve it is where it gets complicated.

Republican Sen. Anitere Flores said the program has been inconsistent from county to county and she points to statistics that show civil citations are issued instead of arrest in only little more than half the cases where youth are eligible for them. According to Department of Juvenile Justice statistics, 8,831 youths eligible for civil citations were arrested, while 9,696 were issued citations.

“That’s a lot of kids,” she said. “Having the lack of uniformity means that some kids are getting a second chance and a whole bunch of other kids aren’t.”

Her bill requires civil citations in cases like alcohol possession, battery, trespass, theft, prowling, resisting an officer without violence and others. State statistics show that about 4 percent of youths who go through the civil citation program commit crimes again.

Republican Rep. Larry Ahern also believes in the civil citation program, but he doesn’t believe in forcing mandates on law enforcement. His bill would try to help first-time juvenile offenders while allowing police officers the discretion to decide when a citation is appropriate. As well as expunging records, it would legally allow people who’ve completed diversion programs to deny the arrest ever occurred when applying for a job, housing or the like.

It also would apply to any misdemeanor, not just a limited list.

“The record that follows a juvenile through their adulthood over a stupid mistake was a big part of the equation, so how do you eliminate that?” Ahern said.

The Florida Sheriff’s Association is backing the Ahern bill and opposed to the Flores bill. Pinellas County Sheriff Bob Gualtieri cited several hypothetical scenarios where arrests would be more appropriate than a civil citation, such as a drunken teenager on a beach creating a disturbance and resisting officers, or a teenager prowling in a backyard who is clearly about to break into a home.

Gualtieri said the sheriffs worked with Ahern on the different approach.

“We have offered something that absolutely takes care of the problem, what does the mandate do that our solution doesn’t do?” Gualtieri said.

While Slapp said civil citation is a good tool, she believes neither bill addresses problems with a lack of flexibility in the current program, such as a limit on three citations. She also said there are certain felony situations that don’t qualify for a civil citation, but where a diversion program would be more appropriate than an arrest, such as when a youth who takes a joyride on a golf cart doesn’t realize it’s a felony motor vehicle theft.

That’s what happened to Katy McBrayer. She was a straight A student and well-behaved at 14 when she started dating an 18-year-old who introduced her to drugs. She started making bad decisions, skipping school and staying away from home. Then she was caught driving a golf cart off a school’s property. Neither the Flores nor Ahern bill would have applied in her case because it was a felony.

She got in trouble again, for burglary and marijuana possession, and was allowed the option of going to teen court rather than to trial.

She mended her relationship with her parents, went to night school and ended up earning a college scholarship.

Republished with permission of The Associated Press.

Court: Florida dairy’s skim milk is skim milk, not imitation

A small, all-natural dairy isn’t being deceptive when it calls its skim milk “skim milk,” a federal appeals court ruled Monday in a victory for the creamery that’s fighting the state’s demand to label the product “imitation” because vitamins aren’t added to it.

The ruling overturns a decision last March when a federal judge sided with the Florida Department of Agriculture, which said the Ocheesee Creamery couldn’t label it’s skim milk “skim milk” because the state defines the product as skim milk with Vitamin A added. The state instead said that if the creamery wanted to sell the product, it should label it as “imitation” skim milk.

That didn’t sit well with a dairy whose whole philosophy is not to add ingredients to natural products. So instead of complying, the creamery has dumped thousands of gallons of skim milk down the drain rather than label it as an imitation milk product.

“The State was unable to show that forbidding the Creamery from using the term ‘skim milk’ was reasonable,” the three-judge, Jacksonville-based panel wrote in its ruling.

The court said the state disregarded far less restrictive and more precise ways of labeling the product, “for example, allowing skim milk to be called what it is and merely requiring a disclosure that it lacks vitamin A.”

The Institute for Justice is representing Ocheesee Creamery owner Mary Lou Wesselhoeft in the lawsuit against the state.

“All Mary Lou wants to do is sell skim milk that contains literally one ingredient – pasteurized skim milk – and label it as pasteurized skim milk,” Institute for Justice lawyer Justin Pearson said in a press release.

The creamery, about 50 miles west of the state capital, has offered to put on its label that it doesn’t add vitamins to the product, but the state hasn’t accepted the compromise. It was selling between 100 and 300 gallons of skim milk a week for $5 a gallon before the dispute. The product made up about 25 percent of its profits.

The dictionary definition of skim milk is simply milk with the cream removed. But the Department of Agriculture says under state and federal law, skim milk can’t be sold as skim milk unless vitamins in the milk fat are replaced so it has the same nutritional value as whole milk.

The department didn’t immediately return phone calls and an email seeking comment.

Republished with permission of The Associated Press.

State could flip burden of proving ‘Stand Your Ground’

Florida’s “stand your ground” law, a source of contention for years, could soon provide even more protection to people who invoke it. Some lawmakers want to make prosecutors prove a defendant wasn’t acting in self-defense before proceeding to trial.

Florida has been a leader in giving citizens immunity in cases of self-defense, with its “stand your ground” law serving as an emotional point of debate after several high-profile shooting deaths, including that of unarmed black teenager Trayvon Martin.

While at least 22 states have similar laws that say people can use force – even deadly force – to defend themselves from threats, Florida could soon be alone shifting the burden of proof to prosecutors.

Republican Sen. Rob Bradley says his bill “isn’t a novel concept.”

“We have a tradition in our criminal justice system that the burden of proof is with the government from the beginning of the case to the end,” he said.

Florida’s Supreme Court has ruled that the burden of proof is on defendants during self-defense immunity hearings. That’s the practice around the country. According to a legislative staff analysis of Bradley’s bill, only four states mention burden of proof in their “stand your ground” laws – Alabama, Colorado, Georgia and South Carolina – and all place the burden on defendants.

Bradley’s bill died last year but now its chances are improving: It’s ready for a full Senate vote when the session begins next week, and one of two House committees assigned to hear it has approved it.

Democrats are opposing the bill, but have little leverage to stop it in a legislature dominated by Republicans and with a Republican governor.

The bill has received passionate opposition from people who feel the existing law has already been abused and will be invoked even more by people seeking to avoid responsibility for violent crimes.

Stand your ground is not just about guns: The defense can be invoked after any act of violence aimed at self-protection, whether it’s punching, stabbing, shooting or striking someone with an object.

Neighborhood watch volunteer George Zimmerman‘s fatal shooting of Trayvon Martin isn’t the only case that’s part of the debate in Florida.

Lucy McBath‘s 17-year-old son Jordan Davis was fatally shot by Michael Dunn during an argument over loud music outside a Jacksonville convenience store. And in the Tampa Bay area, retired police officer Curtis Reeves is claiming self-defense in a “stand your ground” pretrial hearing after fatally shooting Chad Oulson in a dispute over a cellphone at a movie theater.

Both Zimmerman and Dunn claimed self-defense at trial and “stand your ground” was included in their juries’ instructions. Zimmerman was acquitted and Dunn was eventually convicted of murder.

McBath believes the way the law currently reads is why Dunn’s first jury couldn’t reach a decision, and says expanding “stand your ground” protections would make it harder to keep people safe from gun violence.

Testifying against the bill at a Senate committee meeting, McBath said the current law already “encourages citizens to shoot first and ask questions later.”

“This legislation would effectively require defendants who raise stand your ground defenses to be convicted twice,” she said. “Having lived through this grueling experience firsthand with two trials for my son’s murder, I can attest to the anguish and the pain that this process elicits. We should not make it harder for family members to achieve the justice that they deserve.”

Marissa Alexander, in contrast, supports Bradley’s bill. She unsuccessfully tried a “stand your ground” defense and was sentenced to 20 years in prison in 2012 for firing a gun near her estranged husband. She called it a “warning shot” to protect herself from abuse. Her conviction was thrown out on appeal and she was freed after reaching a plea deal in 2014.

“I feel like you go into that kind of situation guilty until proven innocent,” she said. She hopes Florida will start another trend if it passes.

“Florida kind of sets the tone and other states follow,” she said.

Republished with permission of The Associated Press.

Tale of 2 parties: Florida GOP high, Dems low ahead of 2018

The state Republican and Democratic parties met two miles from each other Saturday, their first meetings since Donald Trump carried Florida in November’s election, but the atmosphere and enthusiasm were worlds apart.

As both parties chose their leaders, it was easy to see which has more confidence heading into an election cycle when the governor’s office and all three Cabinet seats will be open. Republicans were aglow in victory after Trump stunned many political observers by winning the state Barack Obama carried in 2008 and 2012. At the same time, Democrats held a contentious election to choose a new chairman with little talk about this past election.

“How good does this feel? We defied the mainstream media, we defied conventional wisdom, defied the pollsters,” Republican Agriculture Commissioner Adam Putnam told GOP county chairs. “Right across town, Democrats are having their election and they’re not feeling near as good.”

As both parties prepare for 2018, Republicans are focused on how to build off the momentum Trump built with voters who traditionally haven’t been part of the political process while Democrats elected wealthy real estate developer and major party donor Stephen Bittel as chairman in hopes of ending two decades of futility at the polls.

“Donald Trump got a lot of people off of the couch and got them involved. It is our job at the Republican Party of Florida to harness all of that passion, all of that energy, and keep them in the game,” said state GOP Chairman Blaise Ingoglia, who was easily re-elected. “And when we do, and mark my words we will do it, we will cripple the Democrat Party for a generation.”

After the Democrats elected Bittel, a group of protesters stood outside the meeting room holding signs that read, “SHAME,” ”This is not the party of the people” and “People over $$.”

Still, Bittel tried to paint the best picture of the party’s future.

“We have had an under-resourced operation in Florida for a long time. That changes, starting today, and we will build a different kind of party, I’m a different kind leader and we will change things,” Bittel said. “I grew up in Florida in an era when we won everything. I’m looking forward to that era again.”

But Bittel, 60, grew up more than four decades ago, and there’s a new generation of Democrats who have rarely seen victory.

Florida hasn’t elected a Democrat as governor since 1994. They’ve lost 14 of the past 15 Cabinet races. And despite Democrats’ success in passing a ballot initiative that requires political districts to be drawn in a way that doesn’t favor parties or incumbents, Republicans maintain huge majorities in the Legislature and hold 16 of Florida’s 27 U.S. House seats.

Republicans appear better situated heading into a critical state election. Republican Gov. Rick Scott and the three GOP Cabinet members, including Putnam, are leaving office because of term limits. Also in 2018, Democratic Sen. Bill Nelson is seeking a fourth term, and it’s widely thought Scott will challenge him in what could be Nelson’s toughest re-election yet.

But despite under-performing again in 2016, Democrats think 2018 can be different. Democratic strategist and former state party political director Christian Ulvert pointed at several pluses. First, Nelson, the one consistently successful Florida Democrat since 2000, will be on the ballot.

“This year, we have a potential for Bill Nelson setting the tone, to really set the stage from the top down,” Ulvert said.

He also said the party has a rich field of popular city mayors who could be on the ballot for statewide races, including Fort Lauderdale’s Jack Seiler, Tampa’s Bob Buckhorn, Miami Beach’s Philip Levine, Orlando’s Buddy Dyer and Tallahassee’s Andrew Gillum.

Putnam, who is likely to run for governor, warned Republicans that despite their successes, the party cannot become complacent.

“We can’t get arrogant and cocky and lose our way,” Putnam said. “We can’t take anything for granted.”

Republished with permission of The Associated Press.

Husband’s cancer is a factor in Gwen Graham’s decision to run for governor

Democratic U.S. Rep. Gwen Graham says she wants to run for governor, and she plans to run for governor. But there’s one very important factor that’s weighing on her decision: her husband has cancer.

“Every part of me wants to run for governor, that’s what I feel passionate about, that’s what I know I need to do for the state of Florida, but things happen in life that could take me off that path. I hope not,” Graham said Wednesday evening while conducting her last “work day” as a congresswoman — helping sell Christmas trees at an outdoor stand.

The work days were a signature of her father Bob Graham‘s time as Florida governor and a U.S. senator. Like her father, she spends time experiencing different jobs as a way to reach out to constituents and voters.

She decided not to seek a second term in Congress after the Florida Supreme Court ordered new congressional districts be drawn so that don’t favor incumbents or political parties. Graham’s district became far more Republican and she decided to explore a 2018 run for governor rather than risk re-election.

She sounded a lot like a candidate when talking with reporters outside the Christmas tree stand, saying she plans to campaign in all 67 counties and discussing her campaign strategy. But she said she’s waiting to see how treatment progresses on her husband Steve Hurm‘s prostate cancer.

“He absolutely wants me to run. He’s very supportive of that and I couldn’t do it without him by my side,” she said. “I wouldn’t do it without him by my side.”

Republican Gov. Rick Scott is leaving office in 2019 due to term limits. Among other Democrats believed to be considering a run are Tampa Mayor Bob Buckhorn, Miami Beach Mayor Philip Levine and trial lawyer John Morgan. Republican Agriculture Commissioner Adam Putnam is also considering a run.

The Republican Governors Association is already preparing for a potential Graham candidacy, wasting little time after this year’s election to begin attacking Graham in news releases. The association called Graham “just another Washington politician.” Graham hadn’t held elected office before winning her House seat two years ago.

Republished with permission of The Associated Press.

It’s likely to be a close election in Florida, again

Another close election in Florida? Count on it.

Through Friday, 2,268,663 Democrats and 2,261,383 Republicans had cast ballots by mail or at early voting sites – a difference of 7,280 in favor of Democrats. Overall, more than 5.7 million Floridians have voted, or nearly 45 percent of those registered. That far surpasses 2012 totals, when 4.8 million Floridians cast ballots before Election Day.

As early voting was set to end in 51 of Florida’s 67 counties Saturday, Hillary Clinton and Donald Trump once again were campaigning in the Sunshine State. Their running mates Tim Kaine and Mike Pence and other top surrogates have been frequent visitors in the state that’s a must-win for Trump’s presidential campaign.

“How many of you have already voted?” Clinton asked a crowd in Broward County. The response was enthusiastic cheers. “OK, so that means you’ve got time to get everybody else to get out and vote, right?”

Earlier in Tampa, Trump told supporters at a rally that 66 of the state’s 67 counties supported him in Florida’s primary last March.

“Florida is just a place I love – my second home, I’m here all the time. I might know Florida better than you do,” Trump said. “I see maybe more enthusiasm right now than I did (in March).”

Florida’s 29 electoral votes are the biggest prize in Tuesday’s presidential election among states that could swing to either candidate. In 2000, Florida set the standard for close presidential elections when George W. Bush beat Al Gore by 537 votes out of about 6 million cast. It took five weeks to call the election in the state that determined the presidency.

Republican Sen. Marco Rubio was campaigning across north Florida Saturday, starting with an event at a Pensacola Beach bar. He’s being challenged by Democratic U.S. Rep. Patrick Murphy.

Unlike Murphy, Rubio has avoided campaigning with his party’s presidential nominee. While he supports Trump, he has condemned his words and behavior.

Murphy attended a Broward County rally with Clinton and later planned to attend a St. Petersburg concert with singer Jon Bon Jovi and Kaine.

While only 16 counties will continue early voting on Sunday, they are some of the state’s largest, including Democratic strongholds of Miami-Dade, Broward and Palm Beach. Democrats were planning “souls to the polls” events encouraging African-American churchgoers to take advantage of the last day of early voting in the counties where polls will be open.

Republished with permission of the Associated Press.

ACLU asks court to continue to block abortion waiting period

A lawyer representing an abortion clinic told the Florida Supreme Court on Tuesday that the state’s 24-hour waiting period would significantly restrict a woman’s right to abortion and asked justices to continue blocking the law until a lower court can decide whether it’s constitutional.

The delays could lead to victims of domestic abuse being forced to forgo an abortion, or cause additional emotional distress for women who have a doomed pregnancy, said Julia Kaye, an American Civil Liberties Union lawyer representing a Gainesville clinic. She said it could also mean the difference between using drugs to end a pregnancy rather than surgery.

“Women think long and hard about this decision and take it very seriously,” said Kaye. She added that if woman aren’t ready for an abortion, they can already wait before deciding whether to go through the procedure. “This law actually only impacts the women who are already ready, the women who do not want or need to delay their procedure any longer.”

The state attorney general’s office argued that the law doesn’t create significant burdens for women and the waiting period is necessary because the decision can’t be undone.

“The waiting is not because it’s a medical procedure; it’s a waiting period because it’s an irreversible, life-altering decision on the order of things like marriage, divorce, giving up your child for adoption,” said Denise Harle. “There is a societal interest in people entering into those decisions with due deliberation.”

Gov. Rick Scott signed the waiting period into law last year and it was quickly blocked by a lower court after the ACLU sued. But an appeals court lifted the injunction in February and the law was in effect until the Supreme Court temporarily blocked it two months later. The court is now deciding whether the injunction should stay in place while the lower court hears the initial lawsuit.

Justice Barbara Pariente pointed out that the state doesn’t require a waiting period for hysterectomies, vasectomies and other medical procedures.

“There’s not a waiting period after you decide that you’re going to lose your breast through a mastectomy – that you’ve got to wait another 24 hours before you go through that procedure, not that you haven’t thought about it up until that time,” said Pariente, who is a breast cancer survivor. “It’s not neutral and that’s my concern.”

After the hearing, Kaye said the law did create problems for women in the two months it was enacted.

“We got to see some examples of how harmful it is,” Kaye said. “Women suffered. Women missed work and wages they would not have otherwise had to lose, women experienced sickness that could have been avoided and women experienced and received a very clear message from the state: They are not capable decision makers.”

Republished with permission of the Associated Press.

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