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This is expected based on current Florida Supreme Court precedent. With the newly conservative leaning court, the hope is that the justices will overturn that precedent.
This is expected based on current Florida Supreme Court precedent. With the newly conservative leaning court, the hope is that the justices will overturn that precedent.
Conservative Florida court? Or conservative US Supreme court?
This is expected based on current Florida Supreme Court precedent. With the newly conservative leaning court, the hope is that the justices will overturn that precedent.
Seems like Florida is using one of the arguments I made about why the state's privacy rights do not include abortion protections. Specifically, I mentioned:
Quote:
Even if one reads the initial provision as covering abortion, there is a good argument to be made that the subsequent provision shows that the privacy right discussed is based purely on how the US Supreme Court has identified it. Given that the Court has just re-established that there is no general right to privacy protecting abortion, Florida's 15 week law could be upheld as well under such an interpretation.
The Florida AG just made the following comments in a court filing asking for expedited hearing by the state supreme court:
Quote:
But in the filing late Tuesday, lawyers in Moody’s office wrote that in the past, “the Florida Supreme Court has relied on the U.S. Supreme Court’s abortion decisions in reasoning that Florida’s privacy clause ‘implicate(s)’ the right to abortion.”
The filing said the U.S. Supreme Court ruling last month in a Mississippi case “rejected the notion that a right to abortion ‘is an integral part of a broader entrenched right,’ whether characterized as a ‘right to privacy’” or as “the freedom to make ‘intimate and personal choices’ that are ‘central to personal dignity and autonomy.’”
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