FL judge temporarily blocks state’s 15-week abortion ban, DeSantis fights back

Now that the Supreme Court has overturned Roe v. Wade, the battle over the rights of the unborn has moved to the states as the determined left furiously works to undermine the impact of the high court’s ruling with a Florida judge moving to block the state’s 15-week abortion ban which was set to go into effect on Friday.

On Thursday, Leon County Circuit Judge John Cooper sided with Planned Parenthood, the ACLU, and other parties including abortion providers, ruling that the abortion law violates the state’s constitutional right to privacy, issuing a temporary injunction that was cheered by anti-life activists.

According to Judge Cooper, House Bill 5 which was signed into law by Florida Governor Ron DeSantis last year 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 and abortion in Florida.”

(Video: YouTube/ WFLA)

Cooper said that he would be issuing the statewide temporary injunction that will be effective when he signs the order which is expected to take place next week.

“I’m not here to litigate abortion,” he said. “I’m here to litigate the right to privacy in Florida. I’m not here to litigate Roe v. Wade.”

Bryan Griffin, a spokesperson for DeSantis said that the governor’s administration will appeal Judge Cooper’s decision and that the law “will ultimately withstand all legal challenges.”

“The Florida Supreme Court previously misinterpreted Florida’s right to privacy as including a right to an abortion, and we reject this interpretation,” Griffin said, the Tampa Bay Times reported. “The Florida Constitution does not include — and has never included — a right to kill an innocent unborn child.”

Griffin added, “We will appeal today’s ruling and ask the Florida Supreme Court to reverse its existing precedent regarding Florida’s right to privacy. The struggle for life is not over.”

Last Friday, DeSantis responded to the Supreme Court’s reversal of Roe v. Wade which came a year shy of the landmark ruling’s 50th anniversary.

“By properly interpreting the Constitution, the Supreme Court has answered the prayers of millions upon millions of Americans,” he wrote on Twitter after the historic decision was announced.

“The prayers of millions have been answered. For nearly fifty years, the U.S. Supreme Court has prohibited virtually any meaningful pro-life protection, but this was not grounded in the text, history or structure of the Constitution. By properly interpreting the Constitution, the Dobbs majority has restored the people’s role in our republic and a sense of hope that every life counts,” he wrote in a statement.

“Florida will continue to defend its recently-enacted pro-life reforms against state court challenges, will work to expand pro-life protections, and will stand for life by promoting adoption, foster care and child welfare,” DeSantis added.

With DeSantis cruising to reelection – forecaster Nate Silver predicts odds of 94 percent that he’ll win a second term – his Democrat opponents are tripling down on their defense of the murder of the unborn to appeal to the party’s base.

“The DeSantis ban on women’s reproductive freedom is an attack on all of our freedoms,” tweeted party-jumping Democrat Charlie Crist. “This is one step in a long process. To protect reproductive freedom we need to win the Governor’s race. Full stop.”

Florida agriculture commissioner and former weed lobbyist Nikki Fried is also betting the farm on abortion and is holding a Friday rally at the state’s Supreme Court in Tallahassee.

Judge Cooper had previously ruled against DeSantis, upholding school mask mandates but eventually lost the battle in court.

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