Judge to temporarily block Florida’s 15-week abortion ban

Judge to temporarily block Florida’s 15-week abortion ban

So I have made some notes and in the time I had and then there’s some other comments that I don’t have notes for. So florida passed into its constitution. An explicit right of privacy that is not contained in the U. S. Constitution. The florida Supreme Court has determined in its words, quote, florida’s privacy provision is clearly implicated in *** woman’s decision of whether or not to continue her pregnancy. In other words, on the issue of abortion, the florida Supreme Court has decided that women have *** privacy right under the State Constitution to not have that Right impacted up to 24 weeks at least. Yeah, further, the part of Supreme Court has found, quote, if *** legislative act imposes *** significant restriction on *** woman’s right to seek an abortion, the act must further *** compelling state interest through the least intrusive means, that’s the test of the florida. Supreme Court here. The act effectively bans with extremely limited exceptions, pre viable abortions previously permitted under florida law. The florida Court has held that the florida right of privacy is quote, much broader in scope in scope than that of the Federal Constitution. End, quote, In the in the case of tw justice crimes, in his concurring in part and dissenting, in part, decision wrote quote, If the United States Supreme Court were to subsequently received from roe versus wade. This would not diminish the abortion rights now provided by the privacy amendment of the florida constitution. End, quote In 2003, the Florida Supreme Court wrote, quote, any comparison between the federal and florida rights of privacy is in opposite. In light of the fact that there is no express federal right of privacy cause. End, quote. The florida. Supreme Court has explicitly rejected the federal standard that required *** petitioner in this case. That would be the plaintiffs has rejected the standard that required the plaintiff to prove that *** regulation regarding abortion has the purpose of placing *** substantial obstacle in the path of *** woman seeking to assert her rights. Thus, the plaintiffs in this case do not have *** threshold requirement which by which they must show with facts and factual findings that the law imposes *** significant restriction on *** woman’s privacy rights. the defendants can see as the Supreme Court has held that HB five is subject to the the Standard of Review Review, which the florida Supreme Court called strict scrutiny. Thus, per the Gainesville for the Supreme Court opinion, any law that implicates the fundamental right of privacy regardless of the activity, is subject to strict scrutiny and therefore is presumed to be unconstitutional. In that case, the burden is on the defendant to prove that the law advances *** compelling state interest through the least restrictive means here. The asserted interest by the state, as outlined in its argument today, are not legally sufficient to justify the statutory ban. I find the testimony of the plaintiff’s witnesses is more credible and rebut rebuts that of the defendants witnesses. I um generally agree with the position set forth by the plaintiff in the plaintiff’s reply memorandum and in the plaintiff’s oral argument today, I was prepared to go through it more detail, but I’m not sure in light of the time and length of time we’ve discussed these issues if that’s necessary. I think the um okay, Pages 6 3 12 of the reply memo ah reflect many of these facts. I do find the state has failed to prove prove by convincing or credible evidence that this law. HB five exhibits *** compelling state interest to be protected. I accept and incorporate the findings of fact by the plaintiffs as I’ll give you *** more detail in pleadings and arguments. For example, this is an example of some of the findings of facts that I think are appropriate. I’m not requiring that they all be put in what I want to identify what I think has the evidence supports. And in the reply memo, I’ll just do this by paragraph number with some edits to *** couple of paragraphs. So in the reply memo, I’m looking at, let me find, mm Well I think I’m just going to go through subject area and I will give you other factual references and witness declarations. But in the reply memo, The argument on page four deals with on the binding Florida Supreme Court president. The plaintiffs have established *** substantial likelihood of success on the merits as I’ve indicated and I agree generally with the Rationale used on pages four and 5, page six HB five ban does not advance but rather undermines maternal health. Page six. I agree with that On pages 6, 7, 8, nine and part of 10, the states asserted interest in fetal pain is legally insufficient to satisfy strict scrutiny and and unsupported by the evidence. I’ll discuss that when I give you some more detail on how I weigh the experts testimony and um I accept that the memorandum, the reply memorandum up, Two plaintiffs are entitled to facial to *** facial temporary injunction because there is no set of circumstances in which the state can constitutionally deny any pregnant person the ability to effectuate her decision to have *** pre viability abortion. I also find that the plaintiffs have standing to assert the privacy rights as discussed in the reply memo, and as further articulated today in the argument by spanish council, I find that this is *** proper facial challenge as articulated in the plaintiff’s reply memo. And in today’s argument, I find that the elements of temporary injunction is outlined in the reply memo, and it’s discussed by plaintiff’s counsel today have been met before elements so I requested the plaintiff contain the order contained that yeah, Mhm

A Florida judge on Thursday said he would temporarily block a 15-week abortion ban from taking effect, following a court challenge by reproductive health providers who say the state constitution guarantees a right to the procedure.Judge John C. Cooper made the oral ruling from the bench, and said he would soon sign the temporary injunction.The decision came days after the U.S. Supreme Court overturned the landmark 1973 Roe v. Wade decision, ending federal protections for abortions and reigniting fierce battles in state courts and legislatures over access to the procedure.Florida’s 15-week abortion ban was passed by the GOP-controlled statehouse and signed into law by Republican Gov. Ron DeSantis this spring. It was set to take effect Friday.The state will almost certainly fight the ruling.The law would prohibit abortions after 15 weeks, with exceptions if the procedure is necessary to save the pregnant woman’s life, prevent serious injury or if the fetus has a fatal abnormality. It does not allow for exemptions in cases where pregnancies were caused by rape, incest or human trafficking. Under current law, Florida allows abortions up to 24 weeks.Violators could face up to five years in prison. Physicians and other medical professionals could lose their licenses and face administrative fines of $10,000 for each violation.The legal challenge in Florida hinges on a 1980 amendment to the state constitution guaranteeing a broad right to privacy, which has been interpreted by the state Supreme Court to include abortion. Florida voters reaffirmed the right to privacy in 2012 by rejecting a ballot initiative that would have weakened its protections, plaintiffs said.”Despite Florida’s history of protecting the right to abortion, the Florida legislature recently engaged in a brazen attempt to override the will of the Florida people,” the abortion providers said.The state argued that abortion providers don’t have the standing to make a claim of a personal right to privacy since they were acting as third parties on behalf of their patients. Attorneys for the state also maintained that the state’s constitutional right to privacy doesn’t include the right to abortion, arguing that the state has an interest in safeguarding health and protecting potential life.Data shows the majority of abortions in Florida occur before the 15-week cutoff. A Centers for Disease Control and Prevention report said about 2% of the nearly 72,000 abortions reported in Florida in 2019 were performed after 15 weeks.

A Florida judge on Thursday said he would temporarily block a 15-week abortion ban from taking effect, following a court challenge by reproductive health providers who say the state constitution guarantees a right to the procedure.

Judge John C. Cooper made the oral ruling from the bench, and said he would soon sign the temporary injunction.

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The decision came days after the U.S. Supreme Court overturned the landmark 1973 Roe v. Wade decision, ending federal protections for abortions and reigniting fierce battles in state courts and legislatures over access to the procedure.

Florida’s 15-week abortion ban was passed by the GOP-controlled statehouse and signed into law by Republican Gov. Ron DeSantis this spring. It was set to take effect Friday.

The state will almost certainly fight the ruling.

The law would prohibit abortions after 15 weeks, with exceptions if the procedure is necessary to save the pregnant woman’s life, prevent serious injury or if the fetus has a fatal abnormality. It does not allow for exemptions in cases where pregnancies were caused by rape, incest or human trafficking. Under current law, Florida allows abortions up to 24 weeks.

Violators could face up to five years in prison. Physicians and other medical professionals could lose their licenses and face administrative fines of $10,000 for each violation.

The legal challenge in Florida hinges on a 1980 amendment to the state constitution guaranteeing a broad right to privacy, which has been interpreted by the state Supreme Court to include abortion. Florida voters reaffirmed the right to privacy in 2012 by rejecting a ballot initiative that would have weakened its protections, plaintiffs said.

“Despite Florida’s history of protecting the right to abortion, the Florida legislature recently engaged in a brazen attempt to override the will of the Florida people,” the abortion providers said.

The state argued that abortion providers don’t have the standing to make a claim of a personal right to privacy since they were acting as third parties on behalf of their patients. Attorneys for the state also maintained that the state’s constitutional right to privacy doesn’t include the right to abortion, arguing that the state has an interest in safeguarding health and protecting potential life.

Data shows the majority of abortions in Florida occur before the 15-week cutoff. A Centers for Disease Control and Prevention report said about 2% of the nearly 72,000 abortions reported in Florida in 2019 were performed after 15 weeks.

Contributed by local news sources

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