June 30, 2022 Updated 12:45 P.M. ET
TALLAHASSEE (FLV) – A Florida judge said the state’s 15 week abortion ban is “unconstitutional” and said he would grant a statewide temporary emergency injunction to block the ban.
Leon County Circuit Judge John Cooper gave a verbal ruling from the bench Thursday. Cooper said the statewide temporary injunction to halt the ban will go into effect once he has a written and signed order. He said that will not happen Thursday. The abortion ban is set to go into effect Friday.
Florida lawmakers approved a measure (H.B. 5) to ban abortions after 15 weeks with an exception in cases where the mother’s life is in danger. Cooper said House Bill 5 is “unconstitutional” and that it violates the privacy provision of the Florida constitution.
Planned Parenthood centers in Florida and other reproductive health providers asked a Florida Judge to issue a temporary emergency injunction.
“To prevent a profound and unprecedented invasion of Floridians’ constitutional right of privacy, Plaintiffs respectfully request that the Court grant their motion and enjoin enforcement of the Act before it takes effect on July 1, 2022,” the plaintiffs said.
The state filed a motion in response requesting the motion be denied. The state said the plaintiff’s fail to demonstrate that H.B. 5 “violates the rights of all women in all circumstances.”
“Merits aside, Plaintiffs have not made the necessary showing to assert the privacy rights of third parties and have not demonstrated that they will suffer irreparable harm absent injunctive relief,” the state said.
Under Florida’s new 15 week abortion abortion law, there are exceptions if two physicians to certify in writing that a termination of a pregnancy is necessary to save a pregnant woman’s life. There are not exceptions for rape or incest.
Even though the U.S. Supreme Court overturned Roe v. Wade, Florida’s new law will face legal challenges in the state court system. The Florida constitution recognizes a right to privacy, which could provide a hurdle for the law.
After the U.S. Supreme Court decision Friday, Republican leaders in the state legislature said it is time to focus on Florida’s 15 week abortion ban clearing the state courts.
Republican State Lawmakers Say Florida Will ‘Defend Life,’ Agree With SCOTUS That States Should Regulate Abortions
Gov. Ron DeSantis praised the SCOTUS decision Friday and said Florida will “expand pro-life protections.”
“Florida will continue to defend its recently-enacted pro-life reforms against state court challenges, will work to expand pro-life protections, and will stand for life by promoting adoption, foster care and child welfare,” DeSantis said.
State Democrats called the decision “devastating” and said it would encourage “underground” abortions.
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