Florida court reinstates defunding of Planned Parenthood

TALLAHASSEE, Fla. (FLV) – In a ruling from the U.S. District Court for the Northern District of Florida, a 2016 state law that defunds Planned Parenthood of all taxpayer funds was reinstated.

It will take effect June 1, 2023, to allow an “orderly transition,” the ruling said.

The court noted that an “essential basis” of the former ruling striking down HB 1411 was Roe v. Wade‘s “right to an abortion.”

“The Supreme Court overturned Roe,” the ruling said.

Moody celebrated the legal victory on social media.

“Proud to secure a victory in our case about whether Floridians should be forced to fund Planned Parenthood,” she said. “The court reinstated what the legislature passed in 2016—a ban on state funds supporting clinics that provide abortions.”

Moody’s office previously said a court enjoined the 2016 law, citing legal precedent from Roe v. Wade, which has now been overturned by Dobbs v. Jackson Women’s Health Organization.

“In 2016, a district court prevented the Florida Legislature from defunding abortion clinics, based on the U.S. Supreme Court’s ruling in Roe,” Moody said.

“Now that the case at the center of the court’s reasoning has been overturned, we are petitioning the court to vacate the court’s injunction and allow the will of our state’s legislative body and the people who elected them to take effect,” she said.

Moody’s office argued the court initially struck down the law because it “indirectly prohibited abortions, which under that ruling was a constitutional right.”

They said the Dobbs ruling clarified there is no right to an abortion.

Under Federal Rule of Civil Procedure 60(b)(5), a court may relieve a party from a final judgment or order where ‘applying it prospectively is no longer equitable.’…As the Supreme Court has repeatedly recognized, ‘it is appropriate to grant a Rule 60(b)(5) motion when the party seeking relief from an injunction can show ‘a significant change either in factual conditions or in law.’…In fact, ‘[a] court errs when it refuses to modify an injunction or consent decree in light of such changes.’

Moody’s motion to vacate the court’s injunction

Roe was overturned in June 2022 and resulted in a nationwide wave of conservative attitudes for more pro-life protections.

Gov. Ron DeSantis has said he believes Florida will “expand” those protections.