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

(CNN)Florida Governor Ron DeSantis and Republican Frustration Causes Florida Judges15 The new state law, which bans abortions in the week, is unconstitutional and he intends to prevent abortions from taking effect on Friday.

In an oral ruling on Thursday, Judge John Cooper of the Second Court of Justice is a temporary state that takes effect when he signs a written order in a Florida objection. He said he would issue an entire injunction. Abortion provider.

This decision is a short-term victory for abortion advocates in Florida, half a century after the US Supreme Court overturned the Roe v. Wade case. When Cooper signs the ruling, abortion in Florida is legal up to 24 weeks gestation, making the state one of the most tolerant states in the South.

DeSantis spokeswoman Christina Pushaw told CNN that the state intends to appeal the ruling.

"I'm disappointed with today's ruling, but we know that ProLife HB5 can ultimately withstand all legal challenges," said Pushau.

Abortion advocates and Democrats celebrated Cooper's decision. In a statement, Florida Democratic Party Chairman Manny Diaz said the law was "significant interference with personal medical decisions to be made between patients and their doctors."

"Politicians like the governor do not have a business that limits the health freedom of Florida citizens," he added.

In the short term, this decision has widespread impact on women in the South. There are so-called trigger laws (prohibitions designed to take effect in the overthrow of the Roe v. Wade case) and prohibitions. It's no longer a legal issue, and we're immediately stopping access to the procedure. Florida has been a safe port for women seeking abortion for years, and providers expect 55 state clinics to be busy booking women from neighboring states where abortion could soon be illegal. doing.

DeSantis signed a new abortion restriction law in April at a megachurch in the Orlando region, surrounded by women and children and supported by ministers, anti-abortion activists and other supporters. ..

The law prohibits abortion in 15 weeks without exempting women who become pregnant as a result of rape, incest, or trafficking. The law allows abortion if pregnancy is a "serious risk" to the mother, or if a fatal fetal abnormality is detected and the two doctors confirm the diagnosis in writing.

Of the 80,000 abortions reported by the state in 2021, about 75,000 occurred during the first semester of abortion. That is, most of the procedures will continue to be permitted under the new state law. Historically, according to the Kaiser Family Foundation, Florida is one of the states with the highest number of abortions per capita each year.

The law directly challenged decades of precedent in establishing a constitutionally protected abortion in Florida. The Florida Constitution includes the right to privacy, which the Supreme Court has long interpreted as giving Florida citizens the freedom to access abortion without government intervention.

Cooper said in a judgment from the bench that the ban "violates the privacy provisions of the Florida Constitution." The

ruling delays the implementation of the state's new abortion restrictions while the proceedings pass the legal system, but the state's conservative Supreme Court is expected to have final say. All seven members of the State High Court were appointed by the Governor of the Republican Party, including three elected by DeSantis. Due to a recent retirement, a fourth DeSantis appointed person may be on the bench by the time the case is brought to the State Supreme Court.

Pushau said the Florida Supreme Court "previously misunderstood Florida's right to privacy as including the right to abortion, because the Florida Constitution does not include the right to abortion. , Reject this interpretation. " Never included-the right to kill an innocent fetus.

Due to the dramatic changes in Florida's legal situation, Democrats and the right to abortion have a pessimistic view that long-standing legal protection can withstand this challenge for a long time. increase.

"I don't think this court will see it like any other court," Lauren Book, a minority leader in the State Senate, recently told CNN. "Any protection is gone, with little protection."

Correction: This story has been updated to reflect when Florida's 15-week abortion ban will be lifted. rice field.


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