Legal disputes over a new state law that limits doctors’ authority to perform abortions past 15 weeks of pregnancy have put some patients’ access to the operations in limbo, at least temporarily.
One of the most contentious laws from the 2022 legislative session took effect on Friday: the abortion bill (HB 5).
A Leon County circuit judge, however, declared the law unconstitutional and announced he would grant a temporary injunction to prevent its enforcement the day before it was scheduled to go into effect.
The state constitution’s privacy clause, which has for more than three decades been a major factor in promoting abortion rights in Florida, was found to be violated by Judge John Cooper.
The Citrus County Chronicle has more.
The lawsuit opposing the new law was brought by abortion facilities from all throughout the state and by a doctor.
Cooper made a distinction between the Florida case’s state constitutional difficulties and the recent Roe v. Wade abortion-rights rule overturned by the U.S. Supreme Court.
“I believe that this order accords with Florida’s current legal framework. And as is common knowledge, Roe v. Wade was overturned approximately a week ago.
The only reason Roe v. Wade should be brought up in this specific instance is because of the (U.S.) Supreme Court suggested that these choices should be made at the state level.
Construing a Florida Constitutional provision is what this legal action is about, according to Cooper.
Despite Cooper’s decision, a procedural glitch permitted the bill to take effect, at least temporarily. On Thursday, the judge made a verbal decision from the bench.
He stated that until he signs a formal order, the decision will not be enforceable. Tuesday morning might bring the written directive.
On the day that a written order is made public, the state will virtually certainly appeal to Cooper’s decision.
An automatic stay of Cooper’s order, which would reinstate the statute, will occur when the state files an appeal with the 1st District Court of Appeal.
Cooper’s decision was hailed as a “success” by Lauren Brenzel, the Florida Alliance of Planned Parenthood Affiliates’ organizing director.
But according to Brenzel, patients may become confused if it is unclear if post-15-week abortions will be legal.
“It’s incredibly awful, and this clearly demonstrates why politicians shouldn’t obstruct access to healthcare.
Imagine being a patient right now and trying to get access to safe care that ought to be lawful in our state, and you’re worrying about whether or not they’ll be able to give it to you on one day or the other,” Brenzel told reporters Thursday outside the Leon County courtroom.
A few hours afterwards, Governor Ron DeSantis declared the decision would be appealed and claimed Cooper’s decision was “not unanticipated.”
Bryan Griffin, the deputy press secretary for DeSantis, claimed that the Florida Supreme Court “misinterpreted” the privacy provision.
“Despite our disappointment with today’s decision, we are confident that HB 5’s pro-life provisions will ultimately hold up in court.
We disagree with a previous interpretation of Florida’s right to privacy by the Florida Supreme Court that included a right to an abortion.
The right to kill an innocent unborn child is not now and never has been recognized in the Florida Constitution, according to Griffin.
Following the announcement that the current chancellor would be leaving his position, rumours that one of the GOP leaders in the state Senate will be the next to lead Florida’s university system gained momentum this week.
The Board of Governors of the university system met on Thursday, and chancellor Marshall Criser, a former business executive who has held the job since 2014, said he would be stepping down at the end of the year.
Criser informed the board that he will not seek renegotiation of his contract and stated that although he had not yet planned the “next step,” it was now time to start.
Ray Rodrigues, a state senator, was the subject of rumours that he may succeed Criser as chancellor or take on another high-profile role within the state’s higher education system weeks before Criser revealed his intention to leave.
On June 15, Estero Republican Rodrigues declared he would not run for re-election to the Senate.
Rodrigues hasn’t officially stated if he’ll run for chancellor, but a joint statement from Senate President Wilton Simpson, R-Trilby, and other prominent Senate Republicans gave some indication of what Rodrigues would do next.
In the joint statement that accompanied Rodrigues’ announcement, it was said that “we are extremely glad for the chance (Rodrigues) has to further provide world-class education options for our kids and look forward to his ongoing success.”
A search committee made up of five people has been constituted by the Board of Governors to find Criser’s replacement, it was announced on Friday.
Board members Eric Silagy, Pat Frost, Tim Cerio, and Charlie Lydecker, as well as board chairman Brian Lamb, serve on the committee.
Immigration enforcement
DeSantis’ plea to appoint a statewide grand jury to look into matters relating to immigration, such as the smuggling of undocumented minors into the state, was granted by the Florida Supreme Court on Wednesday.
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The 10th Judicial Circuit, which consists of Polk, Hardee, and Highlands counties, will empanel the state-wide grand jury for one year, according to the justices. Ellen Masters, the chief judge of the circuit, will preside over the grand jury.
The order identified several topics the grand jury could look into.
The grand jury might, for instance, investigate “parents, guardians, or other family members of unaccompanied alien children who have colluded with transnational criminal organizations or other illegal actors to smuggle, and thereby risk, their children.”
