Tallahassee - Tuesday June 28, 2022: Florida’s new law banning abortions after 15 weeks is being challenged by Planned Parthood and others seeking an emergency temporary injunction against it before it takes effect this Friday.
During a hearing Monday Leon Circuit Judge John Cooper made it clear that the issue before him was the right of privacy, not abortion rights.
The state’s key witness was Maureen Condic, a neuro-scientist at the University of Utah. She was initially asked her view on when life begins, but Judge Cooper interrupted.
Condic: “I think the conclusion that life begins at the instant of sperm-egg fusion is scientifically incontrovertible.”
Judge Cooper: “I’m sorry, but how’s that relevant to this case. I’m not here to litigate abortion, I’m here to litigate the right of privacy in Florida.”
Florida law currently allows abortions up to 24 weeks and the plaintiff’s seeking the injunction argue that banning abortions after 15 weeks, without exception for rape or incest, would violate the privacy rights of the Florida constitution that protect the confidentiality of the doctor patent relationship.
The burden, said Judge Cooper, rests with the state of Florida to prove otherwise. And Attorney John Percival representing the state of Florida, agreed.
Judge Cooper: “It’s a privacy right, and the Florida Supreme Court has said that requires me to presume that any law that interferes with a woman’s right to choose abortion is presumptively unconstitutional. The burden shifts to the state to show reasons why it is constitutional.
Percival: "I agree with that."
Judge Cooper: "OK.”
The key witness for Planned Parenthood, and the others seeking the injunction, was Jacksonville-based obstetrician Shelly Tien, who testified that a ban after 15 weeks would hurt the under privileged most. “Even though it is true that most abortions are performed early in pregnancy and prior to 15 weeks, we know that women who are seeking abortions and need abortions after 15 weeks are already in compelling and difficult circumstances. There are thousands of women and girls in the entire state of Florida that can develop complications after 15 weeks.”
Deputy Florida Attorney General John Guard focused on what he said would be the minimal impact that House Bill 5 would have on women in Florida, but again Judge Cooper interrupted.
Guard: “That could mean that 96.4% of women who receive an abortion in the State of Florida would not be impacted by HB 5.”
Judge Cooper: “Or 1,600 would be.”
Guard: “That’s correct your honor.”
Judge Cooper: “And all those who have become pregnant by rape would be effected by HB 5, right?"
Guard: “If you wanna, I’m happy to go there, and talk about the infrequency of actually women, who at least reported the forms in rape, but I was… ”
Judge Cooper: “OK.”
Final arguments will be heard Thursday morning and then Judge Cooper said he would issue his decision on whether to grant the injunction by Thursday afternoon, a day before the new law may, or may not, go into effect.