Judge Declares Florida Abortion Law Unconstitutional

Gov. Ron DeSantis expected to appeal to state supreme court
By John Johnson,  Newser Staff
Posted Jun 30, 2022 12:49 PM CDT
Judge to Block Florida's Strict New Abortion Law
Florida Gov. Ron DeSantis holds up a 15-week abortion ban law after signing it on April 14, 2022, in Kissimmee, Fla.   (AP Photo/John Raoux, File)

(Newser) – A judge in Florida on Thursday declared the state's strict new abortion law to be unconstitutional—one day before it was to take effect. The state under Gov. Ron DeSantis is expected to quickly appeal to Florida's Supreme Court, reports the Washington Post. The measure signed by the governor in April would ban virtually all abortions after 15 weeks, with no exceptions for rape or incest. Politico sees the temporary injunction issued by Leon County Circuit Judge John C. Cooper as a "stinging defeat" for DeSantis. However, it appears the law might briefly go into place: The judge's verbal ruling will not take effect until he signs it, which the court says will not happen on Thursday, per the New York Times. The law was to take effect at midnight.

Cooper ruled that the law is unconstitutional because it violates the privacy provision in the state's constitution. "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," said Cooper, per WESH. The ruling comes as states grapple with the fallout from the US Supreme Court's decision to overturn Roe v. Wade. In Kentucky, a judge on Thursday blocked that state's near-total abortion ban from taking effect, reports the AP. State Attorney General Daniel Cameron plans to challenge the ruling over the state's "trigger law," which was set up to take effect if Roe ever fell. (Read more Florida stories.)

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