“Whereas we’re happy that the courtroom didn’t shut its doorways fully, we’re dismayed that it has allowed this harmful ban to stay in impact and to hurt actual folks each day till this case is lastly determined,” stated Whitney White, a workers lawyer for the ACLU’s Reproductive Freedom Mission. “We hope that the courtroom acts rapidly and follows 40 years of precedent and the need of the folks to cease this unconstitutional 15-week abortion ban, which has brought on chaos and devastation within the state since going into impact in July.”
Particulars: Leon County Circuit Court docket Choose John C. Cooper agreed, saying the brand new legislation “violates the privateness provision of the Florida Structure” and briefly blocked the brand new legislation. The state appealed, nevertheless, which put the legislation again into impact.
Plaintiffs requested the Florida Supreme Court docket to as soon as once more block the legislation, however the justices denied it in a 4-1 determination launched Monday night time. The justices supplied no rationalization. Justice Jorge Labarga dissented, saying he thought “petitioners met the exacting burden required.”
The struggle: The 15-week ban, which offers no exceptions for victims of rape and incest, was some of the contentious of the 2022 legislative session and prompted protests from opponents of the proposal.
The Florida Supreme Court docket had beforehand upheld the best to abortion within the state by citing a decades-old privateness clause within the state structure that extends these rights to abortion. Gov. Ron DeSantis, nevertheless, has remade the state excessive courtroom into a way more conservative establishment and abortion rights teams concern the justices might interpret the privateness clause in another way.
Despite the fact that the struggle over the 15-week ban shouldn’t be over, lawmakers are anticipated to take up laws through the 2023 legislative session, which is in its early phases, additional proscribing entry to an abortion.
No formal proposal is filed, however Senate President Kathleen Passidomo (R-Naples) has prompt the state transfer to a 12-week ban however with exceptions for victims of rape and incest.