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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 by Jjdoc
Cali
Member since Mar 2016
53473 posts
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 by DawgCountry
Great State of GA
Member since Sep 2012
30557 posts
Posted on 6/30/22 at 2:24 pm to
More judicial activism. frick these clowns
Posted by Animal
Member since Dec 2017
4222 posts
Posted on 6/30/22 at 2:24 pm to
When you said this:

quote:

DeSantis


I already expected this:

quote:

fight
Posted by Crimson1st
Birmingham, AL
Member since Nov 2010
20233 posts
Posted on 6/30/22 at 2:25 pm to
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 by The Maj
Member since Sep 2016
27158 posts
Posted on 6/30/22 at 2:27 pm to
quote:

More judicial activism.


Yep, pretty much any of these cases should have been tossed immediately...
Posted by tigafan4life
Member since Dec 2006
48923 posts
Posted on 6/30/22 at 2:28 pm to
quote:

15-Week Abortion Ban
What do they want in floridaa? Baby half out the womb abortion? fricking sickos
Posted by Nosevens
Member since Apr 2019
10330 posts
Posted on 6/30/22 at 2:30 pm to
Laws and shitt don’t mean anything
Posted by Beauw
Blanchard
Member since Sep 2007
3507 posts
Posted on 6/30/22 at 2:31 pm to
quote:

More judicial activism.


Yep, with no consequence to the "judges", absurd.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123945 posts
Posted on 6/30/22 at 2:32 pm to
quote:

More judicial activism. frick these clowns
What does the Florida Constitution say?
Posted by MFn GIMP
Member since Feb 2011
19350 posts
Posted on 6/30/22 at 2:33 pm to
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.

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 by lsufball19
Franklin, TN
Member since Sep 2008
64739 posts
Posted on 6/30/22 at 2:35 pm to
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 by udtiger
Over your left shoulder
Member since Nov 2006
98860 posts
Posted on 6/30/22 at 2:36 pm to
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.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134865 posts
Posted on 6/30/22 at 2:36 pm to
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 by MFn GIMP
Member since Feb 2011
19350 posts
Posted on 6/30/22 at 2:40 pm to
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 by loogaroo
Welsh
Member since Dec 2005
30713 posts
Posted on 6/30/22 at 2:41 pm to
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 by MFn GIMP
Member since Feb 2011
19350 posts
Posted on 6/30/22 at 2:41 pm to
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 by lsufball19
Franklin, TN
Member since Sep 2008
64739 posts
Posted on 6/30/22 at 2:44 pm to
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 by Johnpettigrew
Louisiana
Member since Sep 2017
1633 posts
Posted on 6/30/22 at 2:46 pm to
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 by DisplacedBuckeye
Member since Dec 2013
71901 posts
Posted on 6/30/22 at 2:53 pm to
quote:

Florida is going to have to amend the constitution if they truly have the support to limit abortions in the state.


Posted by Eli Goldfinger
Member since Sep 2016
32785 posts
Posted on 6/30/22 at 2:54 pm to
The judicial branch runs our country.
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