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Florida judge blocks the state's 15-week abortion ban as constitutional fights flare up in states across the US

Jul 1, 2022, 01:20 IST
Business Insider
Demonstrators chant slogans during a rally in support of abortion rights in Miami, Florida.Lynne Sladky/AP Photo
  • A Florida judge blocked the state's 15-week abortion ban that was set to go into effect Friday.
  • The ban violated Florida Constitution's right to privacy, Leon County Circuit Judge John Cooper ruled.
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A Florida judge blocked the state's 15-week abortion ban from going into effect, just one week after the Supreme Court overturned the precedent set in Roe v. Wade and said abortion rights should be decided in the states.

The ban championed by state Republicans violated Florida Constitution's right to privacy, Leon County Circuit Judge John Cooper said, according to CNN.

The ban was initially signed into law by Gov. Ron DeSantis in April and was set to go into effect on July 1. Known as House Bill 5, it would prohibit any woman from having an abortion past 15 weeks of pregnancy.

It allows abortion only in cases to protect the mother or if the fetus has a fatal condition.

The suit was brought against the state by Planned Parenthood and the American Civil Liberties Union, along with other abortion providers in the state.

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A spokesperson for DeSantis told Insider they intend to appeal the ruling and that they believe the law will "ultimately withstand all legal challenges."

"We will appeal today's ruling and ask the Florida Supreme Court to reverse its existing precedent regarding Florida's right to privacy," the spokesperson said. "The struggle for life is not over."

The legal battle is the latest fight to flare up after the Supreme Court's conservative justices threw out a constitutional right to abortion, ruling that it was up to states to decide their own restrictions on the procedure.

Insider's Kimberly Leonard reported that providers were left scrambling to make arrangements for patients after the abortion bill was passed and signed.

"A few states such as Florida and Illinois have been safe havens in highly restrictive regions," said Debasri Ghosh, managing director at the National Network of Abortion Funds. "They have seen an influx of patients from out of state."

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Of the 13 states with trigger laws — laws banning abortion set to go into effect as soon as Roe was overturned by the Supreme Court — Texas was the fourth to have a judge block said abortion ban, following Kentucky, Louisiana, and Utah.

Kentucky's trigger law was set to go into effect on June 24 and would prevent women from having an abortion after six weeks of pregnancy. Similarly, a Louisiana judge blocked that state's trigger law and said the law's language is "unconstitutionally vague."

In Utah, a judge blocked the state's trigger law that would ban abortion except in cases of rape, incest, or threat to the patient's life.

"The immediate effects that will occur outweigh any policy issues of the state," the Utah judge said.

Meanwhile, abortion has been banned by trigger laws in Idaho, Wyoming, North Dakota, South Dakota, Oklahoma, Missouri, Arkansas, Mississippi, Tennessee, and Alabama.

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