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Judge blocks Florida’s ban on abortions past the 15th week, says HB5 is unconstitutional

by | Jun 30, 2022

By Dave Andrusko

Pro-life Florida Gov. Ron DeSantis said he would appeal a decision rendered today by Judge John C. Cooper that temporarily blocks the 15-week abortion ban from taking effect. Judge Cooper wrote that HB5 is “unconstitutional in that it violates the privacy provision of the Florida Constitution.”

Cooper’s decision, issued from the bench, “will not be binding until he signs a written order — which appeared would not happen before Tuesday,” the Associated Press reported. “That means the 15-week ban will take effect Friday, as scheduled, and the gap in timing raises questions about whether some patients will be affected. Florida’s current law allows abortion up to 24 weeks.”

Last April Gov. DeSantis signed the new pro-life bill at an “Orlando-area megachurch surrounded by women and children and cheered on by pastors, anti-abortion activists and other supporters,” according to the AP.

Christina Pushaw, a spokeswoman for DeSantis, told CNN that the state intends to appeal the ruling.

“While we are disappointed with today’s ruling, we know that the pro-life HB 5 will ultimately withstand all legal challenges,” Pushaw said. Pushaw said it’s the state’s position 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.”

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