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

[LetMyPeopleVote]

Florida has an express right of privacy in state constitution

Link to tweet

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.

[brush]

1. So what happens now in Florida? Will maga forces take this back to...

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]

2. This isn't the FL Supreme Court. Circuit Court, it is first up.

Circuit, Court of Appeals, and SC.

Good start though

[In It to Win It]

9. Right

The real battle is at the state Supreme Court. All of it really rests on them.

[LetMyPeopleVote]

3. DeathSantis will appeal and claim that his views on privacy control

It will be a fun appeal

[MOMFUDSKI]

4. Of course, their aim will be to get it up to the supremes.

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]

5. Am I interpreting the Florida judge's ruling correctly as a positive one which...

will slow the SCOTUS Taliban 6's roll?

[FBaggins]

6. In FL, yes.

Nationally, no

[brush]

8. Yes. In Florida. That's a good thing.

[FBaggins]

7. State supremes

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)

[mahatmakanejeeves]

10. Today's news:

State Court Blocks Florida’s 15-Week Abortion Ban

[In It to Win It]

11. Judge Cooper

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.

[mahatmakanejeeves]

12. Did you post this over in GD? I thought someone did, but

I couldn't find the thread.

Thanks.

[In It to Win It]

13. I didn't today

I posted when it was announced last week

[mahatmakanejeeves]

14. Somebody had a one-line post about today's development. NT