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LetMyPeopleVote

(155,057 posts)
Thu Jun 30, 2022, 02:02 PM Jun 2022

Judge says Florida's 15-week abortion law is unconstitutional

Florida has an express right of privacy in state constitution



https://www.cnn.com/2022/06/30/politics/florida-abortion-law/index.html

A Florida judge on Thursday ruled that Florida's new law that bans abortions at 15 weeks is unconstitutional and "violates the privacy provision of the Florida Constitution."

The law, which was set to go into effect on Friday, does allow exemptions in cases where a pregnancy is a "serious risk" to the mother or a fatal fetal abnormality is detected if two physicians confirm the diagnosis in writing.

In a verbal ruling, Second Judicial Circuit Court Judge John Cooper said he would be issuing a temporary statewide injunction that will go into effect once he signs the written order in the challenge brought by some Florida abortion providers. He said he will not be signing the order on Thursday.
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Judge says Florida's 15-week abortion law is unconstitutional (Original Post) LetMyPeopleVote Jun 2022 OP
So what happens now in Florida? Will maga forces take this back to... brush Jun 2022 #1
This isn't the FL Supreme Court. Circuit Court, it is first up. Thomas Hurt Jun 2022 #2
Right In It to Win It Jul 2022 #9
DeathSantis will appeal and claim that his views on privacy control LetMyPeopleVote Jun 2022 #3
Of course, their aim will be to get it up to the supremes. MOMFUDSKI Jun 2022 #4
Am I interpreting the Florida judge's ruling correctly as a positive one which... brush Jun 2022 #5
In FL, yes. FBaggins Jun 2022 #6
Yes. In Florida. That's a good thing. brush Jun 2022 #8
State supremes FBaggins Jun 2022 #7
Today's news: mahatmakanejeeves Jul 2022 #10
Judge Cooper In It to Win It Jul 2022 #11
Did you post this over in GD? I thought someone did, but mahatmakanejeeves Jul 2022 #12
I didn't today In It to Win It Jul 2022 #13
Somebody had a one-line post about today's development. NT mahatmakanejeeves Jul 2022 #14

brush

(57,926 posts)
1. So what happens now in Florida? Will maga forces take this back to...
Thu Jun 30, 2022, 02:08 PM
Jun 2022

SCOTUS for a ruling in their next session, which of course will have ripple effects in other states, as will the Florida judge's ruling?

Thomas Hurt

(13,929 posts)
2. This isn't the FL Supreme Court. Circuit Court, it is first up.
Thu Jun 30, 2022, 02:11 PM
Jun 2022

Circuit, Court of Appeals, and SC.

Good start though

 

MOMFUDSKI

(7,080 posts)
4. Of course, their aim will be to get it up to the supremes.
Thu Jun 30, 2022, 02:14 PM
Jun 2022

This court is akin to following a 2-yr old around and trying to keep up. Nearly impossible. Like Rachel said - they will create cases to go up to the court and then have their way. What a revoltin' situation.

brush

(57,926 posts)
5. Am I interpreting the Florida judge's ruling correctly as a positive one which...
Thu Jun 30, 2022, 02:19 PM
Jun 2022

will slow the SCOTUS Taliban 6's roll?

FBaggins

(27,764 posts)
7. State supremes
Thu Jun 30, 2022, 02:30 PM
Jun 2022

SCOTUS would have to undo their own rationale in Dobbs in order to overturn a state supreme court ruling based on a state constitution.

OTOH, I'm not sure how the state supreme court will view this (particularly if DeSantis gets three more seats in January)

In It to Win It

(9,702 posts)
11. Judge Cooper
Tue Jul 5, 2022, 01:20 PM
Jul 2022

finally issued the order today, officially and effectively blocking the law.

I didn't follow much of the actual hearings so I'm reading a lot of it now in the judge's decision. I find it striking the state brought in the worst witness to explain the harms of abortions, a doctor that had never performed an abortion in her 30 years of practice. The state is probably just preparing for the state supreme court because the things they presented is extremely shoddy. I'm sure they expect to ultimately win without doing much work.

The state has already announced they're appealing.

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