Judge Considers Case to Block Florida’s 15 Week Abortion Ban From Taking Effect Friday

June 27, 2022 Updated 3:16 PM ET

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June 27, 2022 Updated 3:16 P.M. ET

TALLAHASSEE (FLV) – A Florida judge will consider Monday whether to grant an emergency temporary injunction to halt Florida’s 15 week abortion ban from going into effect Friday, July 1st. 

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. 

Planned Parenthood centers in Florida and other reproductive health providers asked a Florida Judge to issue an emergency temporary injunction. As of Monday afternoon, Leon County Circuit Judge John Cooper was hearing arguments. 

“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

Ron DeSantis Signs 15 Week Abortion Ban

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.

Gov. Ron DeSantis praised the SCOTUS decision Friday and said Florida will “expand pro-life protections.”

DeSantis Says Florida Will ‘Expand Pro-Life Protections’ After Roe v. Wade Overturned

“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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