Judge blocks Florida abortion law, but it’s still in effect as of today

MIAMI – A Florida judge has decided to temporarily block the 15-week abortion ban signed into law by Florida Gov. Ron DeSantis last April.

house bill 5 restricts abortions after 15 weeks and reduces the existing 24-week ban. The law contains no exceptions for rape, incest and human trafficking and was modeled on the Mississippi law that was the focus of the Supreme Court ruling.

Judge John Cooper ruled that HB5 was unconstitutional.

“Florida’s privacy policy is clearly tied into a woman’s decision about whether or not to continue with a pregnancy,” said Cooper, a Leon County judge.

Planned Parenthood of South, East, and North Florida and other reproductive health care providers challenged Florida’s abortion ban in a state court in Tallahassee.

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Since Cooper has yet to sign the judgment, the ban stands; it came into force on Friday 1 July.

Cooper said he will issue an interim restraining order, meaning state law will be put on hold but paperwork needs to be sorted out and may not be signed until Tuesday.

At issue is a privacy clause in Florida’s constitution.

SECTION 23. Right to Privacy.—Every natural person has the right to be left alone and protected from interference by public authorities in that person’s private life, except as provided herein. Nothing in this section shall be construed to limit the public’s statutory right of access to public records and meetings.”

Several vendors, including Planned Parenthood, are suing the state, arguing that HB5 “will unlawfully interfere with the basic privacy rights of women in Florida.”

The state, which is the defendant in this case, argued that providers had no standing to sue because: “The constitutional rights of the plaintiffs are not at issue in this case, only the rights of their patients.”

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But Carolina Mala Corbin, a constitutional scholar and law professor at the University of Miami, told Local 10 News that “the Florida Supreme Court has ruled more than once that the right to privacy in the Florida Constitution extends to protecting abortion.” extends. Therefore, a lower court is obliged to follow applicable law

The state attorney general says she is ready to appeal the judge’s decision.

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https://www.local10.com/news/local/2022/07/01/judge-blocks-florida-abortion-law-but-its-still-in-effect-starting-today/ Judge blocks Florida abortion law, but it’s still in effect as of today

Sarah Y. Kim

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