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Florida Judge Blocks Governor Ron DeSantis’s 15-Week Abortion Ban
Posted on 6/30/22 at 2:23 pm
Posted on 6/30/22 at 2:23 pm
quote:
CBS News reported:
A Florida judge on Thursday said he would temporarily block a 15-week abortion ban from taking effect, following a court challenge by reproductive health providers who say the state constitution guarantees a right to the procedure.
Judge John C. Cooper made the oral ruling from the bench, and said he would soon sign the temporary injunction.
The decision came days after the U.S. Supreme Court overturned the landmark 1973 Roe v. Wade decision, ending federal protections for abortions and reigniting fierce battles in state courts and legislatures over access to the procedure.
DeSantis is expected to fight the ruling.
LINK
Posted on 6/30/22 at 2:24 pm to Jjdoc
More judicial activism. frick these clowns
Posted on 6/30/22 at 2:24 pm to Jjdoc
When you said this:
I already expected this:
quote:
DeSantis
I already expected this:
quote:
fight
Posted on 6/30/22 at 2:25 pm to DawgCountry
quote:
More judicial activism. frick these clowns
This is obviously a coordinated fall back plan the left has had cooked up waiting to unleash.
Posted on 6/30/22 at 2:27 pm to DawgCountry
quote:
More judicial activism.
Yep, pretty much any of these cases should have been tossed immediately...
Posted on 6/30/22 at 2:28 pm to Jjdoc
quote:What do they want in floridaa? Baby half out the womb abortion? fricking sickos
15-Week Abortion Ban
Posted on 6/30/22 at 2:30 pm to Jjdoc
Laws and shitt don’t mean anything
Posted on 6/30/22 at 2:31 pm to DawgCountry
quote:
More judicial activism.
Yep, with no consequence to the "judges", absurd.
Posted on 6/30/22 at 2:32 pm to DawgCountry
quote:What does the Florida Constitution say?
More judicial activism. frick these clowns
Posted on 6/30/22 at 2:33 pm to Jjdoc
As much as I don't like this ruling it does seem correct based on the Florida Constitution. The state constitution enshrines a right to privacy in Article I Section 23 and then later in Article X Section 22 it explicitly equates the right to privacy to abortion by stating that notwithstanding the minor's right to privacy if they are seeking an abortion the parents must be notified.
ETA: Florida is going to have to amend the constitution if they truly have the support to limit abortions in the state.
quote:
SECTION 22. Parental notice of termination of a minor’s pregnancy.—The Legislature shall not limit or deny the privacy right guaranteed to a minor under the United States Constitution as interpreted by the United States Supreme Court. Notwithstanding a minor’s right of privacy provided in Section 23 of Article I, the Legislature is authorized to require by general law for notification to a parent or guardian of a minor before the termination of the minor’s pregnancy. The Legislature shall provide exceptions to such requirement for notification and shall create a process for judicial waiver of the notification.
ETA: Florida is going to have to amend the constitution if they truly have the support to limit abortions in the state.
This post was edited on 6/30/22 at 2:35 pm
Posted on 6/30/22 at 2:35 pm to MFn GIMP
quote:
The Legislature shall not limit or deny the privacy right guaranteed to a minor under the United States Constitution as interpreted by the United States Supreme Court
this presents a problem with the FL state constitution because the interpretation of the SCOTUS is not the same anymore
Posted on 6/30/22 at 2:36 pm to MFn GIMP
The constitutional right to an abortion does not foreclose the right to reasonable regulation/restriction.
Sincerely, every fricking state that imposes a single obstacle to gun ownership.
Sincerely, every fricking state that imposes a single obstacle to gun ownership.
Posted on 6/30/22 at 2:36 pm to tigafan4life
quote:
What do they want in floridaa? Baby half out the womb abortion? fricking sickos
This is exactly why you never compromise with these people. They never negotiate in good faith so don't even try.
Posted on 6/30/22 at 2:40 pm to lsufball19
quote:
this presents a problem with the FL state constitution because the interpretation of the SCOTUS is not the same anymore
I think that's just saying that Florida can't be more restrictive than the federal interpretation of the right to privacy. The statements after that referencing Section 23 Article 1 is the one that equates the FL right to privacy to the right to an abortion.
I am against the ruling based for political, and moral, reasons but this doesn't seem like an egregious ruling to me. It will absolutely be appealed so we'll see what happens but I don't have high hopes just based on a plain reading of the FL constitution.
Posted on 6/30/22 at 2:41 pm to MFn GIMP
quote:
ETA: Florida is going to have to amend the constitution if they truly have the support to limit abortions in the state.
Watch this FL legislature do just that.
This post was edited on 6/30/22 at 3:42 pm
Posted on 6/30/22 at 2:41 pm to udtiger
quote:
The constitutional right to an abortion does not foreclose the right to reasonable regulation/restriction.
Sincerely, every fricking state that imposes a single obstacle to gun ownership.
I don't disagree but that is an argument that DeSantis and his AG will have to make. I will say that if there is one governor I have faith in to craft a good argument that the restriction is constitutional it is DeSantis.
Posted on 6/30/22 at 2:44 pm to MFn GIMP
quote:
I think that's just saying that Florida can't be more restrictive than the federal interpretation of the right to privacy.
Exactly. So if a minor doesn't have that right pursuant to the SCOTUS, then the legislature can impose restrictions consistent with SCOTUS interpretations
Posted on 6/30/22 at 2:46 pm to DawgCountry
quote:
More judicial activism. frick these clowns
This is exactly what the Supreme Court’s opinion was suppose to do. It’s back to the states and now state courts will hear the arguments. Eventually, it will end up at the state Supreme Court. Let the process happen.
Posted on 6/30/22 at 2:53 pm to MFn GIMP
quote:
Florida is going to have to amend the constitution if they truly have the support to limit abortions in the state.
Posted on 6/30/22 at 2:54 pm to Jjdoc
The judicial branch runs our country.
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