Florida - Thursday June 30, 2022: Florida Circuit Court Judge John Cooper has issued a statewide, temporary injunction blocking implementation of a law that would have banned abortions after 15-weeks, with no exception for rape or incest. Judge Cooper cited three prior Florida Supreme Court decisions that protect a woman’s right to an apportion.
The Judge issued his oral ruling from the bench Thursday afternoon saying “House Bill 5 is unconstitutional in that it violates the privacy provision of the Florida constitution and does not meet the standards of the three Florida Supreme Court cases that have interpreted the effect of that constitutional provision in abortion in Florida.”
One of those prior Florida Supreme Court decisions cited by Judge Cooper found that Florida’s constitution has an explicit right to privacy that outweighs the privacy rights of the federal constitution. “The Florida Supreme Court has determined, in its words, quote, ‘Florida’s privacy provision is clearly implicated in a woman’s decision of whether or not to continue her pregnancy'", said the Judge. "In other words, on the issue of abortion, the Florida Supreme Court has decided that women have a privacy right under the state constitution to not have that right impacted up to 24 weeks, at least.”
In another Florida Supreme Court ruling the Judge noted that the state must show, through the least intrusive means, a compelling state interest for restricting a woman’s right to an abortion, which House Bill 5 does not do. “Here the act effectively bans, with extremely limited exceptions, pre-viable abortions previously permitted under Florida law. The Florida Court has held that the Florida right of privacy is, quote, 'much broader in scope than that of the Federal Constitution.' End quote."
The Judge cited a third Supreme Court ruling saying that even if the U.S. Supreme Court overturned Roe vs. Wade that "'would not diminish the abortion rights now provided by the privacy amendment of the Florida Construction.' End quote," he said.
Although Judge Cooper announced his decision orally from the bench, the temporary injunction won’t take effect until he signs a written order, and he said that won’t happen until after the holiday weekend.
That means House Bill 5 will take effect as scheduled on Friday, and will remain in place for a few days before the order is signed.