Florida Supreme Courtroom agrees to listen to problem to fifteen week abortion legislation
TALLAHASSEE, Fla. — The Florida Supreme Courtroom has agreed to take up a authorized problem to Florida’s 15-week abortion ban, which was probably the most controversial measures handed throughout the 2022 legislative session.
The case the excessive court docket agreed to take up facilities on a lawsuit filed by Deliberate Parenthood, the American Civil Liberties Union, and a handful of abortion suppliers difficult the recently-passed legislation. They argued that the Florida Structure protects the appropriate to an abortion.
These teams efficiently urged Florida’s highest court docket to take up the case, however the court docket didn’t comply with quickly block the legislation whereas the authorized problem performs out.
“Whereas we’re happy that the court docket did not shut its doorways fully, we’re dismayed that it has allowed this harmful ban to stay in impact and to hurt actual folks every day till this case is lastly determined,” mentioned Whitney White, a employees legal professional for the ACLU’s Reproductive Freedom Undertaking. “We hope that the court docket acts rapidly and follows 40 years of precedent and the need of the folks to cease this unconstitutional 15-week abortion ban, which has precipitated chaos and devastation within the state since going into impact in July.”
Particulars: Leon County Circuit Courtroom Choose John C. Cooper agreed, saying the brand new legislation “violates the privateness provision of the Florida Structure” and quickly blocked the brand new legislation. The state appealed, nevertheless, which put the legislation again into impact.
Plaintiffs requested the Florida Supreme Courtroom to as soon as once more block the legislation, however the justices denied it in a 4-1 resolution launched Monday night time. The justices provided no clarification. Justice Jorge Labarga dissented, saying he thought “petitioners met the exacting burden required.”
The combat: The 15-week ban, which offers no exceptions for victims of rape and incest, was probably the most contentious of the 2022 legislative session and prompted protests from opponents of the proposal.
The Florida Supreme Courtroom had beforehand upheld the appropriate 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 court docket into a way more conservative establishment and abortion rights teams worry the justices might interpret the privateness clause in another way.
Although the combat over the 15-week ban isn’t over, lawmakers are anticipated to take up laws throughout the 2023 legislative session, which is in its early phases, additional limiting 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.