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Message
re: Florida Judge Blocks Governor Ron DeSantis’s 15-Week Abortion Ban
Posted on 6/30/22 at 3:40 pm to Jjdoc
Posted on 6/30/22 at 3:40 pm to Jjdoc
quote:
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.
I’m not at all familiar with the state constitution of Florida. Does anyone know enough about it to give us an idea of what provision he’s hanging his hat on here?
1
Posted on 6/30/22 at 3:42 pm to Darth_Vader
Someone on page one said Art. 1, Sec. 23 of the FL Constitution:
quote:
SECTION 23. Right of privacy. –Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law.
This post was edited on 6/30/22 at 3:44 pm
Posted on 6/30/22 at 3:43 pm to the808bass
Imagine anyone really still thinking being a lawyer instills you with some great gift of specialized knowledge and insight that most common folks could never truly understand. 
Posted on 6/30/22 at 3:44 pm to lsufball19
quote:With all due respect, you are mistaken. Only seven states do not hold judicial elections of any type.
State COA judges and state supreme court justices are appointed by governors. Constituents can't simply vote out the judges who are the ones who will set legal precedent in their states.
You appear to live in Tennessee, which uses a fairly unique process of appointment, followed by regular, non-partisan retention elections. Those retention elections serve the "consequence" purpose that we were discussing.
This post was edited on 6/30/22 at 3:46 pm
Posted on 6/30/22 at 3:45 pm to Y.A. Tittle
quote:
Imagine anyone really still thinking being a lawyer instills you with some great gift of specialized knowledge and insight that most common folks could never truly understand.
That's not what my comment intended. Anyone could go to and pass law school--law school is largely a joke. Most simply don't, so there is usually a lot of misunderstandings in these threads when we start getting into minutiae and procedural bullshite.
Really isn't different than any other specialty, this is just a political forum so legal issues are prevalent.
Posted on 6/30/22 at 3:45 pm to Indefatigable
From what I’m reading Article 1 Section 23 is based upon a constitutional finding, namely the right to privacy, that has now been made null and void as of last Friday. I can see why the judge placed a temporary stay on this until Florida can get this sorted out.
This post was edited on 6/30/22 at 3:47 pm
Posted on 6/30/22 at 3:46 pm to Y.A. Tittle
quote:
Imagine anyone really still thinking being a lawyer instills you with some great gift of specialized knowledge and insight that most common folks could never truly understand.
Posted on 6/30/22 at 3:47 pm to Indefatigable
quote:
That's not what my comment intended.
My point wasn't based off of yours.
Posted on 6/30/22 at 3:47 pm to Darth_Vader
quote:
I can see why the judge placed a temporary stay on this until Florida can get this sorted out.
That is where I am at. There's too much up in the air with alot of the State constitutional interpretations (LA, KY and some others too), and so the judges are issuing the temporary injunctions in order to make a decision on the merits first.
Several of the states are going to have to rewrite their laws or amend their constitutions to clear it up. As others have said, the worst that can come from most of these cases is that the abortion bans are overturned until the next legislative session(s).
Posted on 6/30/22 at 3:47 pm to Indefatigable
quote:
SECTION 23. Right of privacy. –Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law.
Does the state regulate other medical procedures? Are those regulations a violation of the right to privacy?
When the state banned elective medical procedures during Covid outbreaks, was that an invasion of privacy?
Posted on 6/30/22 at 3:48 pm to Darth_Vader
It doesn’t matter. The state house and senate will have a bill written and passed before the ink dries on this judges ruling.
Posted on 6/30/22 at 3:48 pm to Indefatigable
quote:
Not sure how you can make both of the bolded sentences in the same statement.
A state court judge, and state court of appeals judge, and a state supreme court justice are three different things.
But my apologies on saying "all." Most states do, however, follow that basic model, either through the governor or state legislature appointments. In my state (Tennessee), they're both appointed by the governor. Every 8 years, the state populace votes whether or not to keep them. If the populace votes "no," then the governor appoints a replacement. The populace has very little control over who sits on the bench in the COA or supreme court.
Posted on 6/30/22 at 3:50 pm to DawgCountry
quote:
More judicial activism. frick these clowns
more like clowns like you dont understand what overturning roe vs wade did.
i dunno what the florida constitution says but if whats posted above is accurate, they have to amend the constitution to pass the law and the judge is correct.
we dont want governors putting out executive orders on a whim either. we wont always be in charge. We wont them to amend the constitution, pass a law through congress and normal means in each state and do our best to stay in charge/maintain enough seats to cause gridlock.
we dont want governors on either side playing activist, just like we dont want the president to issue EOs.
presidents and governors are not kings.
Posted on 6/30/22 at 3:50 pm to lsufball19
quote:
A state court judge, and state court of appeals judge, and a state supreme court justice are three different things.
In my mind, all of those are state court judges. Some are district court judges, then COA judges, then LASC (in my case) judges. But that is semantics.
quote:
But my apologies on saying "all." Most states do, however, follow that basic model, either through the governor or state legislature appointments.
I really think you are incorrect there. I'm fairly certain that almost every state elects the entire state judiciary.
ETA: I'm wrong there, its more evenly split. But the vast majority either elect their state SC judges, or have retention elections.
This post was edited on 6/30/22 at 3:53 pm
Posted on 6/30/22 at 3:52 pm to Indefatigable
The sad thing about all of this is if 50 years ago the court didn’t usurp the states 10th amendment powers on the abortion issue, none of this would be happening now. Either each state would have its own abortion laws based upon the wished of the people through their elected state representatives, or we would have a constitutional amendment on abortion, maybe pro-life, maybe pro-choice, again depending on the will of the people through both state and federal elected representatives. But we’d at least have the matter settled.
This post was edited on 6/30/22 at 3:53 pm
Posted on 6/30/22 at 3:54 pm to Indefatigable
quote:He is whining in support of Bass again claiming something happened, which did not in fact happen.
Indefatigable
I used the word "murder" in reference to the Rittenhouse case (the term in the Texas statute), rather than "intentional homicide" (the term used in Wisconsin statutes). The definitions in each state are essentially identical.
Then they lost their minds when I explained that the very NATURE of an affirmative defense is that one DID commit the offense, but that those actions are found to nonetheless be legally-justified, resulting in no conviction.
I was explaining the underlying legal theory, and they decided that I was claiming that Rittenhouse was a bad actor (despite saying in the same thread that he seemed like a good kid and would be acquitted).
Posted on 6/30/22 at 3:55 pm to Indefatigable
quote:
I'm fairly certain that almost every state elects the entire state judiciary.
29 states select their state supreme court justices via appointments through the state legislature or governor or a hybrid of both. 21 states allow the populace vote on them, with widely different term lengths.
Posted on 6/30/22 at 3:55 pm to Darth_Vader
quote:abortion opponents won a HUGE battle last week.
I can see why the judge placed a temporary stay on this until Florida can get this sorted out.
Some of them seem to believe that this means no more battles are allowed ... ever.
They don't understand either the federal system or the judicial system very well.
Posted on 6/30/22 at 3:56 pm to AggieHank86
quote:
Then they lost their minds when I explained that the very NATURE of an affirmative defense is that one DID commit the offense, but that those actions are found to nonetheless be legally-justified, resulting in no conviction.
None of this happened. You misspoke. You were wrong. You danced around like a moron pretending you weren’t wrong. You were wrong.
Posted on 6/30/22 at 3:56 pm to Jjdoc
“I’m sorry you can’t have someone kill your child in Florida anymore. Have you considered moving back to the blue shithole you came from”
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