{"id":590365,"date":"2023-09-08T20:37:49","date_gmt":"2023-09-08T17:37:49","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/florida-supreme-court-justices-question-state-abortion-protections\/"},"modified":"2023-09-08T20:37:49","modified_gmt":"2023-09-08T17:37:49","slug":"florida-supreme-court-justices-question-state-abortion-protections","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/florida-supreme-court-justices-question-state-abortion-protections\/","title":{"rendered":"#Florida Supreme Court justices question state abortion protections"},"content":{"rendered":"<p><img decoding=\"async\" src=\"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2022\/11\/2373f499663344fb9b51bd02b3909ee2-e1678211311711.jpg?w=900\" \/><\/p>\n<div>\n<p>Florida Supreme Court justices on Friday seemed sympathetic to the argument from the government that the state constitution does not protect abortion, a view that could pave the way for a sweeping abortion ban to become law.<\/p>\n<p>The lawsuit challenging the current 15-week ban was brought by a group of Florida-based abortion providers, including Planned Parenthood.\u00a0<\/p>\n<aside class=\"ad-unit ad-unit--mr1_ab\"><\/aside>\n<p>Their central argument was that the law violates the state\u2019s constitutional right to privacy, which voters <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/download-scripts-themes-apps\/\" data-internallinksmanager029f6b8e52c=\"9\" title=\"Download Scripts &amp; Themes &amp; Apps\" target=\"_blank\" rel=\"noopener\">app<\/a>roved in 1980 and the Florida Supreme Court in 1989 said provides a fundamental right to an abortion.<\/p>\n<p>The state argued the nearly 35-year-old ruling was wrong, and is banking on a much more conservative court reshaped by Gov. Ron DeSantis (R) to agree.\u00a0<\/p>\n<p>Five of the seven justices currently on the court were appointed by DeSantis, and several have deep connections to the anti-abortion movement.<\/p>\n<p>Justices questioned lawyers on both sides on how they knew what voters were thinking more than 30 years ago when they adopted the privacy amendment. <\/p>\n<p>The state argued Florida\u2019s Constitution protects \u201cinformational privacy\u201d only, and had nothing to do with abortion. <\/p>\n<p>But Whitney White, the attorney representing the abortion providers, said legislators were aware of the implications, especially given that abortion was legal under Roe v. Wade, the decades-long precedent struck down by the U.S. Supreme Court last year.<\/p>\n<aside class=\"ad-unit ad-unit--mr2_ab\"><\/aside>\n<p>\u201cThere\u2019s evidence in the historical record that legislators were fully informed and fully on notice that the terms of the privacy clause were broad, that they would incorporate existing federal privacy rights, and that that included decisional autonomy rights such as abortion,\u201d White said.\u00a0<\/p>\n<p>White argued that since there was no way to actually know what voters were thinking in 1980, the state Supreme Court must view the plain text of the constitutional provision, which states that a person \u201chas the right to be let alone and free from governmental intrusion in the person\u2019s private life.\u201d\u00a0<\/p>\n<p>The state\u2019s court brief, along with those from other groups supporting the ban, cited numerous interviews from legislators and <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/news\/\" data-internallinksmanager029f6b8e52c=\"2\" title=\"News\" target=\"_blank\" rel=\"noopener\">news<\/a>paper op-eds from the time to show that there was no mention of abortion in the context of privacy rights.<\/p>\n<aside class=\"ad-unit ad-unit--mr3_ab\"><\/aside>\n<p>\u201cIt was explained and sold to the people solely on informational privacy,\u201d said Henry Whitaker, Florida\u2019s solicitor <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/general\/\" data-internallinksmanager029f6b8e52c=\"3\" title=\"General\" target=\"_blank\" rel=\"noopener\">general<\/a>. <\/p>\n<p>Chief Justice Carlos Mu\u00f1iz appeared to agree.<\/p>\n<p>\u201cIt seems like the record at most shows that, in a legal sense, privacy may have included abortion, but it doesn\u2019t seem like the people of Florida really had an actual debate over that when this was adopted,\u201d Mu\u00f1iz said.\u00a0<\/p>\n<aside class=\"ad-unit ad-unit--mr4_ab\"><\/aside>\n<p>Mu\u00f1iz later called the U.S. Supreme Court\u2019s 1973 Roe v. Wade ruling that established a right to abortion as an \u201cabomination,\u201d and also indicated he believes a fetus is a human being that needs legal protections.<\/p>\n<p>\u201cYou\u2019re asking us to essentially take a whole class of human beings and put them outside of the protection of the law, essentially, in the sense that if the Legislature wants to protect those human beings, they are precluded by the constitution of Florida,\u201d he said.\u00a0<\/p>\n<p>There is no timetable for when the court will issue a decision, but the outcome will determine not only the future of abortion in Florida but also across much of the South.\u00a0<\/p>\n<aside class=\"ad-unit ad-unit--mr5_ab\"><\/aside>\n<p>If the justices decide in favor of the state and say there is no right to an abortion, the decision would automatically trigger an even stricter law that will ban abortions after six weeks.\u00a0<\/p>\n<p>DeSantis, who is running for president in 2024, signed the six-week ban into law in April and it is set to take effect 30 days after the state Supreme Court issues a decision. If that happens, advocates said women would be forced to <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/trip-and-travel\/\" data-internallinksmanager029f6b8e52c=\"10\" title=\"Trip &amp; Travel\" target=\"_blank\" rel=\"noopener\">travel<\/a> hundreds or even thousands of miles to access care. <\/p>\n<p>Virginia would be the only state in the South to allow abortion beyond the first trimester.<\/p>\n<aside class=\"ad-unit ad-unit--mr6_ab\"><\/aside>\n<p>Both Florida\u2019s current 15-week ban and the six-week ban contain some exceptions, including for life of the mother and certain \u201cfetal anomalies.\u201d\u00a0\u00a0<\/p>\n<p>The six-week ban includes exceptions for rape and incest, and would also provide $25 million in state funding every year for crisis pregnancy centers, which aim to dissuade people from getting abortions.<\/p>\n<p>White, the attorney for the abortion providers, argued the abortion ban puts the health and lives of pregnant Floridians at risk.<\/p>\n<aside class=\"ad-unit ad-unit--mr7_ab\"><\/aside>\n<p>\u201cDespite their best efforts, providers are finding their hands tied by [the law],\u201d White said.\u00a0<\/p>\n<p>In some cases, it\u2019s forcing providers to wait for patients who are experiencing otherwise treatable medical pregnancy complications to instead deteriorate to the point of developing life-threatening conditions like sepsis before they can intervene.<\/p>\n<p>\u201cThese injustices have been ongoing for a year, and if this court doesn\u2019t step in now, there is an even more dangerous six-week ban waiting in the wings,\u201d White said.<\/p>\n<p>After the hearing, White told reporters a ruling in favor of the state could have repercussions beyond abortion law.<\/p>\n<p>\u201cIf the Court were to agree with the state, it would be not just overruling precedents related to abortion, but numerous other precedents that hold that the privacy clause gives broad and strong protections \u2026 to the ability of all of us to make deeply personal decisions for ourselves, about our lives, our families and our health.\u201d<\/p>\n<\/div>\n<p>Copyright 2023 Nexstar <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/social-mediaa\/\" data-internallinksmanager029f6b8e52c=\"1\" title=\"Social Media\" target=\"_blank\" rel=\"noopener\">Media<\/a> Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.<\/p>\n<blockquote><p><strong><span style=\"color: #ff6600;\">If you liked the article, do not forget to share it with your friends. Follow us on\u00a0<span style=\"color: #ff0000;\"><a style=\"color: #ff0000;\" href=\"https:\/\/news.google.com\/publications\/CAAqBwgKMLG0nwswvr63Aw\" target=\"_blank\" rel=\"nofollow noopener noreferrer\">Google News<\/a><\/span>\u00a0too, click on the star and choose us from your favorites.<\/span><\/strong><\/p><\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\">For forums sites go to <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/forum.buradabiliyorum.com\/\" target=\"_blank\" rel=\"noopener\">Forum.BuradaBiliyorum.Com<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\"><strong>If you want to read more News articles, you can visit our <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/en.buradabiliyorum.com\/news\/\" target=\"_blank\" rel=\"noopener\">News category.<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n<p><span style=\"color: black;\"><a style=\"color: #ff9900;\" href=\"https:\/\/thehill.com\/policy\/healthcare\/4194284-florida-supreme-court-justices-question-state-abortion-protections\/\" target=\"_blank\" rel=\"noopener\">Source<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Florida Supreme Court justices on Friday seemed sympathetic to the argument from the government that the state constitution does not protect abortion, a view that could pave the way for a sweeping abortion ban to become law. The lawsuit challenging the current 15-week ban was brought by a group of Florida-based abortion providers, including Planned&#8230;<\/p>\n","protected":false},"author":1,"featured_media":590366,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2022\/11\/2373f499663344fb9b51bd02b3909ee2-e1678211311711.jpg?w=1280","fifu_image_alt":"","footnotes":""},"categories":[70897],"tags":[71607,134343,134418,134353,142462,145636,73014,124783,115,29102,70289],"class_list":["post-590365","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-abortion","tag-campaign","tag-congress-blog","tag-court-battles","tag-florida-abortion-ban","tag-florida-supreme-court","tag-health-care","tag-international","tag-news","tag-ron-desantis","tag-senate"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/590365","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=590365"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/590365\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/590366"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=590365"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=590365"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=590365"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}