Another judge is slamming the breaks on abortion laws that were put in place in red states.
Back in April, Florida Governor Ron DeSantis signed a 15-week abortion ban.
Even with Roe v. Wade overturned, Leon County Circuit Court Judge John C. Cooper blocked the law from taking place.
Slam the Brakes
So, this is where the judge’s ruling gets interesting.
Roe v. Wade was overturned because the original decision was tied to privacy rights, when that was not the argument made during the actual case.
The argument behind Roe v. Wade was over the doctor’s right to perform the procedure (that comes directly from the late Justice Ruth Bader Ginsburg, which is why she always feared the decision would be overturned).
Judge Cooper ruled, however, that the new law violates “the privacy provision of the Florida Constitution.”
BREAKING: Leon County Judge Cooper just ruled that Florida’s 15 week abortion ban, is unconstitutional & he will be issuing a temporary injunction.
This is not the end — we likely have a long fight ahead of us. @FAPPA will continue to keep you updated on abortion access in FL. pic.twitter.com/HEpxKpMs8e
— Florida Planned Parenthood Action (@FAPPA) June 30, 2022
The Florida Constitution states, “Right of privacy: Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life.”
The ACLU argued, “In 1980, Florida voters amended the state constitution to provide broad protections for individual privacy rights — including abortion. And in 2012, voters overwhelmingly rejected Amendment 6, which would have taken those protections away.”
When I dug into Roe v. Wade, I even stated that abortion laws could possibly find a place of protection in our Constitution if properly legislated and argued, but Roe v. Wade was the wrong precedent upon which to base such legislation.
If this appeal of the law holds up, you better believe abortion advocates will be all over this with lobbying efforts going full blast for Democrats to craft legislation that uses the 4th and/or 14th Amendments for protection.
After the judge issued the order, DeSantis’ office responded, “While we are disappointed with today’s ruling, we know that the pro-life HB 5 will ultimately withstand all legal challenges.
“The Florida Supreme Court previously misinterpreted Florida’s right to privacy as including a right to an abortion.
“We reject this interpretation because the Florida Constitution does not include–and has never included–a right to kill an innocent unborn child.
“We will appeal today’s ruling and ask the Florida Supreme Court to reverse its existing precedent regarding Florida’s right to privacy. The struggle for life is not over.”
Let’s hope he is right because if this decision holds, the abortion movement will be energized again.
Source: The Blaze