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A Florida judge temporarily blocked a Florida law banning abortion after 15 weeks of gestation, but the block itself was withheld while the state appealed the ruling. I did.
In a long ruling issued on Tuesday, Judge John Cooper of the Leon County Circuit said a recent Supreme Court ruling at the Dobbs v. Jackson Women's Health Organization (is Roe v. Wade). Incidentwas overturned) is irrelevant in this case. This is because Roe was based on the idea of rights of privacy not explicitly stated in the Constitution, whereas the Constitution of Florida specifically includes rights of privacy.
"The right to privacy under the Florida Constitution is" much broader "than the right to privacy under theUS Constitution," Cooper said in the past. Written by citing a lawsuit in Florida. It was agreed that Florida's miscarriage rights would not be affected by Law's ruling.
Cooper said it was a mistake to compare federal and Florida privacy rights "in the light of the fact that there is no explicit federal right in the privacy clause" in a 2003 Florida Supreme Court proceeding. Cited other past proceedings, including.
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State Cooper, who is written in the State Constitution as a result of his explicit rights, has a higher level of scrutiny, saying that "the law that implies the fundamental right to privacy is ... presumed to be unconstitutional." Stated.
Cooper has determined that the 15-week deadline for abortion is not fully supported by state interests. Judges said the law has the exception of cases where abortion is required to save the life of the mother, "although it may not be fatal, it has serious and lasting consequences for patients, families, and newborns. There are other conditions that may be given. Pregnancy is aborted. "
The judge also said that due to fetal abnormalitiesmost abortionsoccurred late in pregnancy. Pointed out the evidence. He claimed that many women who had an abortion in 2021 could not have an abortion 15 weeks ago due to a variety of reasons, including poverty, delayed diagnosis, addiction, and abuse.
Florida Governor Ron de Santis speaks at a press conference Cox Science Center&at Amp; Aquarium, June 8, 2022, West Palm Beach, Florida. The Republican governor accused the White House of lying about the COVID-19 vaccine policy for young children on Monday. ((Photo by Joe Raedle / Getty Images))
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"Patients facing a diagnosis of fetal condition are for themselves and their families based on information from prenatal care providers and multiple sources. It also takes time to make the right decisions. Knowledge of the fetal anomaly in question, discussions with family members and other support systems, and consultations with their priests, social workers, or other resources. ", Cooper wrote.
Cooper's ruling granted an injunction prohibiting Florida authorities from imposing a 15-week ban. The injunction was immediately put on hold as Florida Attorney General Ashley Moody quickly appealed and began an automatic stay.
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Florida Governor Ron de SantisOffice They said in a statement that they were "disappointed" with Cooper's decision, but were convinced that the law would continue to be valid.
"The Florida Supreme Court has previously misunderstood Florida's right to privacy as including the right to abortion and has rejected this interpretation," the statement said. "The Florida Constitution does not include or does not include the right to kill an innocent fetus. We challenge the judgment and take existing judgments on Florida's privacy rights. I urge the Florida Supreme Court to overturn. Life is not over. "
