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Florida abortion law on hold after lawsuit

By NATHAN MAYBERG - | Jul 5, 2022

Florida’s more restrictive abortion law, which would limit abortions to within 15 weeks of a woman’s pregnancy, was put on hold by a state judge.

Leon County Circuit Judge Leon Cooper issued an injunction, stating that the law approved by the state legislature and signed into law by Gov. Ron DeSantis violates state constitutional privacy protections.

The injunction blocked the abortion restrictions from going into effect July 1.

DeSantis’ office announced it would appeal the ruling.

The case was brought by a collection of woman’s rights groups, Planned Parenthood and the American Civil Liberties Union.

The Florida abortion law was mirrored to almost the exact detail of a Mississippi which was the subject of the U.S. Supreme Court Case Dobbs v. Jackson Women’s Health Organization that overturned Roe v. Wade and which has paved the way for state legislatures to ban abortion. The Florida law makes no exceptions for rape or incest, only in cases to protect the women’s health with multiple doctor approvals.

A statement issued by the ACLU cited the 1980 amendment to the Florida state constitution as crucial to the case challenging the new Florida abortion law. “Florida voters amended the state constitution to provide broad protections for individual privacy rights — including abortion. And in 2012, voters overwhelmingly rejected Amendment 6 that would have taken those protections away. These protections remain in place independent of federal abortion rights,” the ACLU stated.

“Florida’s 15-week ban would have devastating effects on abortion access in the state and surrounding region. Floridians already face burdensome restrictions to getting an abortion — such as a ban on insurance plans on the state exchange covering abortion; a parental consent requirement that makes it harder for young people to get abortions; and a law that requires people to make an additional, unnecessary trip to an abortion provider before receiving care, which took effect in April 2022. There are also many other barriers to access for people who need abortion care, including: delays in finding out they’re pregnant; difficulty affording essential health care; and a lack of nearby providers.

“HB 5 will force Floridians to remain pregnant against their will, violating their dignity and bodily autonomy, and endangering their families, their health, and even their lives. The impacts of pushing reproductive health care out of reach in the middle of a maternal mortality crisis will fall hardest on Black women, who are nearly three times more likely than white women to die during childbirth, or shortly after.”

The American Civil Liberties Union, ACLU of Florida, Center for Reproductive Rights, Planned Parenthood Federation of America, and the law firm Jenner & Block filed the lawsuit on behalf of Planned Parenthood of Southwest and Central Florida; Planned Parenthood of South, East and North Florida; Gainesville Woman Care; Indian Rocks Woman’s Center; St. Petersburg Woman’s Health Center; Tampa Woman’s Health Center; and A Woman’s Choice of Jacksonville.

Planned Parenthood Federation of America issued a statement calling the Florida abortion law an attack on the rights of women echoing the ACLU statement and hailing the court ruling.

“Today in Florida, there is a glimmer of hope for abortion access: once the Court enters its order, Floridians will continue to have access to care protected under their state’s constitution. They’ll continue to be able to decide what is best for their own bodies, lives, and futures, without political interference,” said Alexis McGill Johnson, president and CEO, Planned Parenthood Federation of America.

“While this is only a first step in fighting this dangerous abortion ban, we are grateful this court recognized that it is an unconstitutional intrusion on our patients’ and providers’ medical decisions,” said Stephanie Fraim, president and CEO, Planned Parenthood of Southwest and Central Florida. “Once this ban is blocked, Florida abortion providers will be able to offer patients who decide to have an abortion the care they need here at home. Planned Parenthood of Southwest and Central Florida will continue to stand with all abortion providers and the patients who turn to them.”

“Abortion bans have no place in Florida, and today, this court agreed that the 15-week ban has no place under the state’s constitution,” said Alex Mandado, president and CEO, Planned Parenthood of South, East, and North Florida. “This ban forces pregnant people to decide between the burden of traveling out-of-state for care at great financial and emotional expense or the risk of carrying a pregnancy to term even in dangerous circumstances. We are relieved that this ban will be blocked and that abortion providers will be able to keep offering compassionate, evidence-based medical care in the state of Florida.”

“Floridians have shown time and again that they believe in the right to privacy,” said Daniel Tilley, legal director of the ACLU of Florida. “The court’s decision reflects the will of the people and upholds Floridians’ constitutional right to privacy. Despite the efforts by Gov. Ron DeSantis and extremist Florida politicians, we have the power to fight back against these attempts to force their cruel agenda on Floridians. We will continue to do so to ensure no one is forced to carry a pregnancy against their will.”