Abortion rights advocates and Democrats celebrated the decision by Cooper. 声明の中で, 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.”
“Politicians like the Governor have no business restricting Floridians’ health freedoms,” 彼が追加した.
短期的には, the decision will have far-reaching implications for women across the south, where so-called trigger laws — bans designed to take effect with the overturning of Roe v. ウェイド — and bans no longer in legal limbo are quickly halting access to the procedure. 長年, Florida has been a safe harbor for women seeking abortion, and providers expect the state’s 55 clinics will be busy with appointments for women from surrounding states where abortion may soon be illegal.
DeSantis signed the new abortion restrictions into law in April at an Orlando-area megachurch surrounded by women and children and cheered on by pastors, anti-abortion activists and other supporters.
The law would ban abortion at 15 weeks with no exemptions for women who become pregnant as a result of rape, incest or human trafficking. The law would allow for abortions in cases where a pregnancy is “深刻なリスク” to the mother or a if fatal fetal abnormality is detected and two physicians confirm the diagnosis in writing.
約 75,000 の 80,000 abortions reported by the state in 2021 came during the first trimester, meaning the vast majority of procedures will still be allowed under the new state law. 歴史的に, Florida ranks among the states with the most abortions per capita annually, according to the Kaiser Family Foundation.
The law directly challenged decades of legal precedent establishing abortion as constitutionally protected in Florida. The state constitution in Florida includes a right to privacy, which the state Supreme Court has long interpreted as giving Floridians the freedom to access abortion without government intrusion.
In his ruling from the bench, Cooper said the ban “violates the privacy provision of the Florida Constitution.”
While the decision will delay the implementation of the state’s new abortion restrictions while the case proceeds through the legal system, the expectation is that the state’s conservative Supreme Court will have the final say. All seven members of the state’s high court were appointed by Republican governors, including three selected by DeSantis. By the time the case makes its way to the state Supreme Court, there may be a fourth DeSantis appointee on the bench due to a recent retirement.
Pushaw said it is the argument of the state that the Florida Supreme Court “previously misinterpreted Florida’s right to privacy as including a right to an abortion. We reject this interpretation because the Florida Constitution does not include — and has never included — a right to kill an innocent unborn child.”
The dramatic shift of the legal landscape in Florida has left Democrats and abortion rights advocates pessimistic that the longstanding legal protections will withstand this challenge for long.
“We don’t believe this court will see it the way other courts have,” state Senate Minority Leader Lauren Book recently told CNN. “Any piece of protection, that modicum of protection is gone.”