Florida Judge Blocks 15 Week Abortion Ban, Says It’s Unlikely To Survive Appeal

Apparently, it doesn’t invade privacy if abortions are blocked at 24 weeks, but, does at 15 weeks

Florida Judge Will Temporarily Block 15-Week Abortion Ban

In a welcome but likely brief victory for supporters of abortion rights, a judge in Florida blocked a state law banning abortions after 15 weeks of pregnancy on Thursday, the latest in a flurry of activity in state courts and legislatures following the Supreme Court’s decision to overturn Roe v. Wade.

The Florida law, scheduled to take effect on Friday, violates privacy protections in the State Constitution, ruled Judge John C. Cooper of the Second Judicial Circuit Court in Tallahassee, handing a defeat to Gov. Ron DeSantis, a Republican, who enacted the restrictions in April.

But in a complication emblematic of the chaotic past week of legal and legislative action in the wake of the Supreme Court’s decision, the temporary statewide injunction Judge Cooper issued from the bench will not be binding until he signs a written order. The delay will leave Florida’s 15-week ban in place for a short time — perhaps a few days, because of the Fourth of July holiday — until the paperwork is completed.

Through Thursday, Florida allowed abortions until 24 weeks of pregnancy, making the state a refuge for women seeking the procedure from across Southeastern states with tighter restrictions. More than 79,000 abortions were performed in Florida last year.

Still, even once Judge Cooper’s ruling kicks in, it is expected to be fleeting: The state said on Thursday it would appeal, and the judge acknowledged that the appellate court was unlikely to keep his temporary pause in place for very long.

So, Judge Cooper knows his ruling will mostly likely be reversed, hence, he knows that his ruling was a bad one. That it didn’t have a legal basis, a Florida Constitution basis. The Constitution states

SECTION 23.?Right of privacy.—Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.

What about the right to life in Section 2 for the unborn? Also, there’s that part about “except as otherwise provided herein”, which covers things like limiting the time to get an abortion, criminalizing things like insider trading, stealing cars, murder.

Ron DeSantis vows to appeal abortion ban ruling to state supreme court: will ‘withstand all legal challenges’

Florida Gov. Ron DeSantis on Thursday announced his intention to appeal a court ruling that would block abortions after 15 weeks.

The Florida legislature passed the law, known has House Bill 5, and DeSantis signed it in April. The law bans most abortions after the 15th week of pregnancy unless the health of the mother is threatened or unless the baby has a “fatal fetal abnormality,” according to the Washington Post.

Leon County Circuit Judge John Cooper announced that he would issue a temporary injunction against the state abortion ban, calling it “unconstitutional.” The judge did not draw on last week’s Supreme Court decision that overturned Roe v. Wade, but instead referenced from the state constitution’s language regarding privacy.

I am impressed that a judge actually referenced the state constitution. That is very rare. People, including lawyers and judges, seem to forget they exist.

“I’m not here to litigate abortion,” Cooper said. “I’m here to litigate the right to privacy in Florida. I’m not here to litigate Roe v. Wade.”

Why is the judge litigating? That’s what the lawyers do.

DeSantis spokesperson Bryan Griffin told the Tampa Bay Times that the administration believed that the governor will appeal the decision up to the Supreme Court and that the law would “withstand all legal challenges.”

“The Florida Supreme Court previously misinterpreted Florida’s right to privacy as including a right to an abortion, and we reject this interpretation,” Griffin said. “The Florida Constitution does not include – and has never included – a right to kill an innocent unborn child.”

We’ll see how this goes. Regardless, this is where abortion should be, in the states.

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18 Responses to “Florida Judge Blocks 15 Week Abortion Ban, Says It’s Unlikely To Survive Appeal”

  1. Jl says:

    Babylon Bee-“Roe vs Wade reinstated as Democrats find 150,000 Supreme Court votes at 2 am…”.

    • Elwood P. Dowd says:

      That’s actually funny!!

      Others:

      “Roe v Wade reinstated as latest Kavanaugh rape victim seeks abortion!”

      “Roe v Wade reinstated as justices Kavanaugh, Barrett and Gorsuch are removed for lying under oath!”

      • Jl says:

        Good one-now, what lies? Or is this like global warming where it’s all just assumptions?

  2. Elwood P. Dowd says:

    Teach: this is where abortion should be, in the states

    Like slavery?

    • CarolAnn says:

      Since when is slavery even an issue let alone a state issue? You democrats really hate that we took away your slaves, don’t you?

      • L'Roy White says:

        Basically democrats are criminals with a political party. They were all in for slavery now theyre all in for baby murder. They were ready to kill to keep their slaves and now seem ready to kill to keep killing their babies. Completely void of morals or love of fellow man.

        • Elwood P. Dowd says:

          L’Roy,

          Basically the nuGOP is a criminal syndicate trying to steal America from Americans.

          Southern conservatives were in favor of enslaving Black men and women. There are few if any conservatives in the Democratic party today. You are correct that Southern conservatives loved free labor so much that they attempted to destroy the United States to avoid having to work. Not much has changed with Southern white men. That’s probably why most of the shithole states are in the Old Confederacy – AL, MS, LA, AR, SC, GA, TN etc. Thank Allah that liberal blue states send billions to keep the Old Confederate states solvent.

          Abortion is not murder, since a zygote, embryo or fetus is not a person. Since first degree murder can be punishable by death, do you support executing a woman and doctor who take part in an abortion? If you seriously feel that aborting a 12 week embryo is murder why do you tolerate it? And how weird is it that some states allow murder and some don’t?

          State bans on abortion will not stop abortions, just as bans before Roe v Wade did not. It will be interesting to see what lengths the right-wing authoritarians will go to ferret out abortions. Will they track women’s periods? Monitor emails and telephone calls? Check mail/packages for abortion pills? If a woman misses a period and then resumes menstruating later will that trigger a state police investigation?

          The bans are 1) virtue signaling, 2) harassment of those harlot women and 3) just putting those whores in their place.

          Since IUDs and ‘Morning After Pills’ block implantation of a fertilized ovum, are they instruments of murder?

          Conservatives are completely void of morals or love of fellow man.

      • Elwood P. Dowd says:

        CarolAnn,

        Southern conservatives and the founding fathers were slave owners. But you miss the point. Why should privacy issues be left to the states?

        Enslavement was not outlawed in the Constitution until the 13th Amendment, finally passed in 1864.

        We found we couldn’t leave voting rights up to the states, either, could we.

        • david7134 says:

          Jeff,
          The Senate passed the measure in 1864, the House did not pass it till 1865. But that only puts it up to the states and they did not complete the job till 1866, and that with the Southern states compelled by the army.

          Slavery is an economic system, similar in most aspects to the socialism you desire. Black owned slaves and one of the largest plantations in Louisiana was black owned and is a national park, Melrose, check it out on the internet. Oh, the original 13fh amendment was the Corwin amendment which would have kept slavery alive to this day. It was proposed after the Southern states tried to seek their freedom.

          You moral narcissism is really on display today, maybe you should slow down some as you are wrong in most of your comments.

          • Elwood P. Dowd says:

            CarolAnn,

            The Democratic Party of the 1800s was a conservative, violent group. You know that.

            When the Democratic Party inexplicably started supporting civil rights for Black Americans, conservatives abandoned the party for good. You know that.

            CarolAnn: Sadly the blacks just won’t wise up.

            Typical for a conservative to blame Black Americans for just about everything. Is that why white conservatives attempt to keep Black Americans from voting; you just don’t think they’re smart enough?

            Do you really believe that tRump won the election???? If yes, please don’t address me again, as you’re crazy and delusional.

            WE need to rise up and destroy the totalitarian right-wing takeover before we are no better than Nazi Germany.

          • Elwood P. Dowd says:

            d porter,

            You’re wrong on every point, as usual.

            We’re well aware of your ‘thoughts’ on enslavement of Black Americans. Mr Porter: “They were lucky to be here.” “They are lazy and stupid.” “They were happy.”

        • CarolAnn says:

          Sorry, dance around and lie all you want in a vain attempt to pass the blame but the FACTS are that democrats were the party of slavery. They still are. Have you ever taken a walk through a black inner city slum in a blue state? The poor blacks are kept down by empty promises and blatant lies by the democrat mayors and administrations in these cities. Youi stole their freedom, their prosperity, their families and their future for a bag of KGC. You are still slave owners just look at the ghettos you’ve crated. 60 years and no improvement. Sadly the blacks just won’t wise up.

          “We found we couldn’t leave voting rights up to the states, either, could we.”

          We can’t leave any rights to cities and states run by crooks and democrats. They cheat and steal everything. Hell, if they can steal a presidential election and throw those who protest the steal in prison they can do anything.

          WE need to rise up and destroy the leftist takeover before we are no better than China.

  3. Matthew says:

    “9 unelected judges should not decide what I can and cannot do with my uterus”

    That is far from the question at hand but nevertheless, SCOTUS agreed.

    Re: Judge Cooper, in this case, according to those that agree with the decision, it’s just great that a single elected judge does decide. Certainly nothing hypocritical about that. Hmmm.

    Also, “…the judge acknowledged that the appellate court was unlikely to keep his temporary pause in place for very long.”

    But, but, but, why is that? Hmmm, again.

    Distraction and misdirection all.

  4. UnkleC says:

    I wish that lefties would learn to read, then read the laws / rulings they are so upset about before they start their senseless rants. If these issues are above their comprehension level, they should find someone to explain it to them in terms they might understand. The Roe ruling from SCOTUS merely stated that this was not a FEDERAL issue and sent it to the STATES for their legislatures to decide and that previous decisions had been incorrect.
    Currently there are several other issues boiling to the top of the pot that are probably going to rub their fur wrong. The left needs to save some energy for the new senseless ranting they’ll want to do.
    https://www.thepiratescove.us/wp-content/plugins/wp-monalisa/icons/wpml_cool.gif

  5. Nabi says:

    Haven’t any Democrats seen a sonogram? Twins clutch hands for reassurance when when disturbed in the womb. Hard to imagine anything more horror filled and monstrous. Why don’t those sloppy low life women (and no self respecting man would touch them with a barge pole) learn some conventional birth control? Why isn’t the equally low life left wing media promoting it? 900,000 abortions plus a year puts the US on a level with the most ignorant countries. I’m done with the ignorant place. When Putin nukes you maybe it will be justice.

    • UnkleC says:

      Nabi, lefties are very weak at observation, evaluation, and deduction due to their narrow mindedness.
      https://www.thepiratescove.us/wp-content/plugins/wp-monalisa/icons/wpml_smile.gif

    • Elwood P. Dowd says:

      Nabi,

      I’m a liberal and have seen many sonograms, from a few weeks to late term. Almost all abortions are performed by 12 weeks, and yes at 12 weeks the sonogram looks like a developing fetus.

      BTW, have all the pro-birther males that comment here had there vasectomies? A good way to prevent abortion is for men to be more careful and not “sloppy, low lifes” as some commenters here have admitted to being.

      Calling girls and women “sloppy, low life” reveals more about you than about the girls and women you hate. All methods of birth control have failure rates. Even a good 1% failure rate means out of 200 women and men having “protected” sex you could see 1 unwanted pregnancy. How many men and women have sex every day in America?

      Mx Teach and you blame women alone for unwanted pregnancies but boys and men share 1/2 the blame, don’t they? If men could learn to keep their semen to themselves we’d have no unwanted pregnancies and few abortions*. Yet, no right-wing laws proposed put any of the responsibility on the sperm donors, only the girls, women and providers. How can we force men to be more responsible?

      We understand that we men are largely pigs, hounddogs and whores when it comes to sex, but wouldn’t the threat of being responsible reduce our whoring? A man can impregnated a hundred girls/women a year. A girl or woman can only have one baby a year. It sounds as if men are the big problem!

      We get it. Conservamales wish to control women. The inherent insecurity of being a conservamale prompts them to fear that their woman can have clandestine sex with another man! Fear of pregnancy is a governor on female adventures! It’s why conservamales went apeshit crazy when OCs were marketed. Women could screw around just like conservamales. Some conservamales are known as “incels” or “involuntary celibates”, shunned by the females of our species. Incels feel entitled to sex with women and hate women for shunning them.

      * Some women with planned and wanted pregnancies have to have an abortion to save their own life.

      • drowningpuppies says:

        Calling girls and women “sloppy, low life” reveals more about you…

        Rimjob just calls them “whores”. https://www.thepiratescove.us/wp-content/plugins/wp-monalisa/icons/wpml_yahoo.gif

        #Liars&KiddieDiddlers
        #LetsGoBrandon
        Bwaha! Lolgf https://www.thepiratescove.us/wp-content/plugins/wp-monalisa/icons/wpml_cool.gif

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