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Judge says Florida’s 15-week abortion law is unconstitutional

C_Clayton_Jones

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“In a setback for Florida Gov. Ron DeSantis and Republican lawmakers, a Florida judge has ruled that a new state law banning abortions at 15 weeks is unconstitutional and he intends to block it from taking effect on Friday.”


The Florida supreme court is among the most partisan and corrupt in the country – likely to find a way to get around the privacy rights provision of the Florida state constitution.

But it would be interesting should the women of Florida not be forced to give birth against their will – after all, let the states decide.
 

Esdraelon

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If this gets appealed and the basis for his decision is found to be unconstitutional, that will go a long way toward shaping what is or isn't allowed in the states.

That said, I agree, let the states decide.
 
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C_Clayton_Jones

C_Clayton_Jones

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If overturning Roe was about “states’ rights," and should the Florida supreme court side with Judge Cooper, upholding the right to privacy, there shouldn’t be any complaints from conservatives because the issue was decided at the state level, in accordance with state law and the will of the people of the state.

But overturning Roe wasn’t about “states’ rights” – it was about authoritarian conservatives seeking more government, bigger government at the expense of individual liberty.
 

Flopper

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Let the states decide.
The state says they will appeal, (in federal court) but that doesn't seem to have a chance of being overturned. Roe was overturned for two reasons
  • The case was based on the US constitution protection privacy. US supreme court ruled that privacy, in regard to abortion is not clear in the US constitution. However the State of Florida does have a strong privacy protection clause in the state constitution that would apply.
  • Secondly, US supreme court ruled that abortion was a state issue, not a federal issue. This is a state issue because the law was passed by the state and overturned by the state supreme Court.

It appears Florida will have a 28 week abortion law which in effect makes abortions legal because over 99% of abortions occur prior to 22 weeks. Most of the women in South Carolina, Georgia, Alabama, and Mississippi will have closer access to an abortion plus there are a lot of abortion clinics available in Florida. This is really a big deal because most states banning abortion are in the South (Bible Belt).
 

White 6

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This will sound stupid and sexist maybe and the abortion thing has never held much fascination to me, but 15 weeks is a long time, almost 4 months. I'm pretty sure it didn't take 15 weeks for her to spread her legs. How could she wait that long missing that many periods and the other symptoms, before figuring out, she's knocked up and not even ready to bring a baby into the world for whatever reason?
You guys are right, though. The states have to decide something, as it has been dumped back in their lap, now, because legislators didn't want to deal with it over 50 years ago and The Supremes came up with an immaculate conception of a ruling, when the legislators did nothing back then and all this time since, but politic and fund raise on it.
 

Flopper

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If this gets appealed and the basis for his decision is found to be unconstitutional, that will go a long way toward shaping what is or isn't allowed in the states.

That said, I agree, let the states decide.
Privacy clause in the Florida Constitution.
Section 23
Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein.”

I looked at the Florida Constitution and there is nothing that would abridge a pregnant women's freedom from government intrusion. I think Pro-Choice has won this state.

 

Ray From Cleveland

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If overturning Roe was about “states’ rights," and should the Florida supreme court side with Judge Cooper, upholding the right to privacy, there shouldn’t be any complaints from conservatives because the issue was decided at the state level, in accordance with state law and the will of the people of the state.

But overturning Roe wasn’t about “states’ rights” – it was about authoritarian conservatives seeking more government, bigger government at the expense of individual liberty.

Commie. The overturning of Roe was about federal constitutional protection of abortions that forced states to go against the will of the people and legislatures. The court ruled there is no constitutional protections which is why it goes back to STATE LEGISLATURES, not state courts. It will be overturned once it hits the Supreme Court.
 

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This will sound stupid and sexist maybe and the abortion thing has never held much fascination to me, but 15 weeks is a long time, almost 4 months. I'm pretty sure it didn't take 15 weeks for her to spread her legs. How could she wait that long missing that many periods and the other symptoms, before figuring out, she's knocked up and not even ready to bring a baby into the world for whatever reason?
You guys are right, though. The states have to decide something, as it has been dumped back in their lap, now, because legislators didn't want to deal with it over 50 years ago and The Supremes came up with an immaculate conception of a ruling, when the legislators did nothing back then and all this time since, but politic and fund raise on it.
All abortions are not just based on a women wanting to avoid child birth. I that was the case, I agree 15 weeks is long enough. However there are other issues such health of the fetus, abnormalities, problems that would make the fetus unable to survive, and others that would necessitate a lifetime of care, and other disabilities. Next there's the health of mother. Getting conclusive tests can take time Then there's acceptance by parents and the father as well as financial issues. It takes about 6 weeks to be sure she you're pregnant. However, some women missed periods.
 

Ray From Cleveland

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All abortions are not just based on a women wanting to avoid child birth. I that was the case, I agree 15 weeks is long enough. However there are other issues such health of the fetus, abnormalities, problems that would make the fetus unable to survive, and others that would necessitate a lifetime of care, and other disabilities. Next there's the health of mother. Getting conclusive tests can take time Then there's acceptance by parents and the father as well as financial issues. It takes about 6 weeks to be sure she you're pregnant. However, some women missed periods.

That's fine and dandy, but none of those situations changes the fact that the state now has the ability to make their own standards as to when abortion is allowed or why.
 

Flopper

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Commie. The overturning of Roe was about federal constitutional protection of abortions that forced states to go against the will of the people and legislatures. The court ruled there is no constitutional protections which is why it goes back to STATE LEGISLATURES, not state courts. It will be overturned once it hits the Supreme Court.
I disagree. The state did act passing an abortion law setting the time limit at 15 weeks. In response the state supreme court overturned the law because it directly violates the right to privacy in state the constitution, section 23 of the state constitution that states "Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein.”

The State really can't argue that woman has no right to privacy so they will have to come with an overriding section of the state constitution. Maybe they can but I certainly did not see it.
 

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The ruling is contradictory because it is legal at 24 weeks but suddenly it is not at 15 weeks what cause the change?

Meanwhile the state democrats are also inconsistent because 24 weeks seems accepted but not 15 weeks.

"Abortion rights advocates and Democrats celebrated the decision by Cooper. In a statement, Florida Democratic Party Chair Manny Diaz said the law was "a gross interference in personal medical decisions that should be between patients and their doctors."

So, at 24 weeks it is suddenly NOT a "gross interference" in personal medical decisions?

The longer a woman wait to abort the harder it is on the body and the greater emotional impact of losing the life of the fetus on the mother.

Nothing adds up because the CDC states that by 16 weeks 93% of abortions have been done nationally which is why the state democrats have very little cause to cheer about it since the victory didn't amount to much.

Now that it is going to get appealed and the dumb ruling overturned because it was legal at 24 weeks thus 15 can't suddenly become unconstitutional.
 

Sunsettommy

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I disagree. The state did act passing an abortion law setting the time limit at 15 weeks. In response the state supreme court overturned the law because it directly violates the right to privacy in state the constitution, section 23 of the state constitution that states "Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein.”

The State really can't argue that woman has no right to privacy so they will have to come with an overriding section of the state constitution. Maybe they can but I certainly did not see it.

Yet it was ok at 24 weeks also set by the legislature and magically doesn't violate section 23.

How come?

:dunno:
 

Flopper

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That's fine and dandy, but none of those situations changes the fact that the state now has the ability to make their own standards as to when abortion is allowed or why.
I was responding to the claim that 15 weeks was enough time. 15 week was a comprise the republicans agreed on to get the bill passed in the legislature. Florida is not near as anti-abortion as the Bible Belt.
 

Flopper

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Yet it was ok at 24 weeks also set by the legislature and magically doesn't violate section 23.

How come?

:dunno:
I believe the current Florida abortion law was passed in 1900 predating Sec 23 of the constitution which was added in 1980.
 

excalibur

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It will be overturned.
 

Sunsettommy

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I believe the current Florida abortion law was passed in 1900 predating Sec 23 of the constitution which was added in 1980.

Ok, I still don't see much of a victory for the democrats because abortions become very rare after 15 weeks anyway.

It is better to abort earlier than later for several reasons.

1) cheaper

2) much easier and safer

3) greatly reduces the emotional impact of removing the fetus from the body which is about the size of an Avocado at 16 weeks but only the size of a Kidney Bean at 8 weeks.

I think those Democrats are mistaken.
 

Flopper

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That's fine and dandy, but none of those situations changes the fact that the state now has the ability to make their own standards as to when abortion is allowed or why.
I am not questions the states right to make abortion laws as long as they are constitutional both federal and state.
 

Captain Caveman

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This will sound stupid and sexist maybe and the abortion thing has never held much fascination to me, but 15 weeks is a long time, almost 4 months. I'm pretty sure it didn't take 15 weeks for her to spread her legs. How could she wait that long missing that many periods and the other symptoms, before figuring out, she's knocked up and not even ready to bring a baby into the world for whatever reason?
You guys are right, though. The states have to decide something, as it has been dumped back in their lap, now, because legislators didn't want to deal with it over 50 years ago and The Supremes came up with an immaculate conception of a ruling, when the legislators did nothing back then and all this time since, but politic and fund raise on it.
After the first missed period, the woman normally does a pregnancy test, which are so accurate, that if it says she's pregnant, then she's pregnant. Then (UK) she would go for a 12 week scan.

So after the first 4 to 5 weeks, she should know.
 

Captain Caveman

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“In a setback for Florida Gov. Ron DeSantis and Republican lawmakers, a Florida judge has ruled that a new state law banning abortions at 15 weeks is unconstitutional and he intends to block it from taking effect on Friday.”


The Florida supreme court is among the most partisan and corrupt in the country – likely to find a way to get around the privacy rights provision of the Florida state constitution.

But it would be interesting should the women of Florida not be forced to give birth against their will – after all, let the states decide.
Abortions due to rape, forced pregnancy, accounts for less than 1%, it's a tiny percentage. So over 99% weren't forced to get pregnant in order for you to think they're being forced to give birth. They made a choice, and they always want to make their choice AFTER conceiving.

And it's apparently everyone else's fault that they couldn't make their choice BEFORE sex. This is why countries are in a mess with abortions, people expecting medical technology to be used as the lazy contraceptive.
 

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