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Florida
Related: About this forumFlorida Attorney General's office takes aim at Florida privacy clause in abortion fight
Tampa Bay TimesNo Paywall
TALLAHASSEE Attorney General Ashley Moodys office said late Tuesday that it thinks the Florida Supreme Court should reverse a decades-old position that a privacy clause in the state Constitution protects abortion rights.
Lawyers in Moodys office addressed the issue in a 44-page document arguing that the Supreme Court should reject an effort by abortion clinics and a doctor to block a new law that makes abortions after 15 weeks of pregnancy illegal.
The privacy clause has played a crucial role in bolstering abortion rights in Florida since a 1989 Supreme Court ruling. Abortion opponents have long argued that the clause was not meant to protect abortion rights a position that Moodys office took in Tuesdays filing.
The filing said the 1989 decision, in a case known as In re: T.W., was wrong from the start.
It ignored that the (constitutional) provisions plain text says nothing of abortion, that its drafters publicly disavowed guaranteeing abortion rights and that the provision was ratified in response to decisions restricting informational privacy, said the document, filed by state Solicitor General Henry Whitaker and other lawyers in Moodys office. Were this (Supreme) Court to address the meaning of the Privacy Clause here, it should therefore recede from its precedents and clarify that the original meaning of the clause has nothing to say about abortion and certainly that the Privacy Clause is not so clear as to pry the abortion debate from the hands of voters.
At another point in the document, Moodys office expressed confidence that the court is likely to hold that the Privacy Clause of the Florida Constitution does not limit the Legislature from regulating abortion.
Such a ruling would be a seismic legal shift about abortion rights in Florida and would come after the U.S. Supreme Court in June overturned the landmark Roe v. Wade decision.
Lawyers in Moodys office addressed the issue in a 44-page document arguing that the Supreme Court should reject an effort by abortion clinics and a doctor to block a new law that makes abortions after 15 weeks of pregnancy illegal.
The privacy clause has played a crucial role in bolstering abortion rights in Florida since a 1989 Supreme Court ruling. Abortion opponents have long argued that the clause was not meant to protect abortion rights a position that Moodys office took in Tuesdays filing.
The filing said the 1989 decision, in a case known as In re: T.W., was wrong from the start.
It ignored that the (constitutional) provisions plain text says nothing of abortion, that its drafters publicly disavowed guaranteeing abortion rights and that the provision was ratified in response to decisions restricting informational privacy, said the document, filed by state Solicitor General Henry Whitaker and other lawyers in Moodys office. Were this (Supreme) Court to address the meaning of the Privacy Clause here, it should therefore recede from its precedents and clarify that the original meaning of the clause has nothing to say about abortion and certainly that the Privacy Clause is not so clear as to pry the abortion debate from the hands of voters.
At another point in the document, Moodys office expressed confidence that the court is likely to hold that the Privacy Clause of the Florida Constitution does not limit the Legislature from regulating abortion.
Such a ruling would be a seismic legal shift about abortion rights in Florida and would come after the U.S. Supreme Court in June overturned the landmark Roe v. Wade decision.
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Florida Attorney General's office takes aim at Florida privacy clause in abortion fight (Original Post)
In It to Win It
Sep 2022
OP
Timeflyer
(2,605 posts)1. Why am I not surprised.
This was inevitable under the DeSatan FL regime. Crist has to win governorship in November or FL is f*#*d.
In It to Win It
(9,374 posts)2. and
you also have to vote out 5 of the 7 justices facing a retention election this year at the same time. Give Crist some Supreme Court vacancies to fill.
Funny enough, if I recall correctly, I think three of the justices up for election are Crist appointees from his first term.