Abortion Clinics Filed a Brief to Florida's High Court, Says Privacy Clause Protects Abortion Rights

[In It to Win It]

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Petitioner's Reply Brief - filed on April 28, 2023

Health News Florida

With the future of abortion rights in Florida potentially hinging on the case, attorneys for abortion clinics and a doctor are pushing back against arguments that the state Supreme Court should reject decades of legal precedents about a privacy clause in the Florida Constitution.

The attorneys late Friday filed a 24-page brief urging the Supreme Court to block a 2022 state law that prevented abortions after 15 weeks of pregnancy. But the stakes of the case soared last month when Gov. Ron DeSantis signed a new law that would bar abortions after six weeks.

The six-week limit is contingent on the outcome of the challenge to the 15-week law (HB 5). In the 15-week case, the state contends the Supreme Court should reject more than 30 years of legal precedents and rule that a privacy clause in the Constitution does not protect abortion rights.

The plaintiffs’ attorneys in Friday’s brief wrote that the Supreme Court should stick with the longstanding interpretation that the Constitution protects abortion rights, saying the 15-week limit “openly flouts that protection and decades of this (Supreme) Court’s precedents.”

In a March 29 brief, Attorney General Ashley Moody’s office argued that past rulings on abortion rights were “clearly erroneous” and that decisions about abortion restrictions should be left to the Legislature.

[lindysalsagal]

1. Good. Sue. Sue. Sue. Men should lose physical autonomy if women do. Period.

Let's all vote on prostate surgery and drugs. Let's vote on cialis and viagra. Let's vote on high blood pressure meds. If women's health is a property of the state, men's health has to be, as well.

[LetMyPeopleVote]

2. South Florida synagogue sues over Florida's new 15-week abortion ban

Here is another lawsuit that I have been following based on the establishment clause of the First Amendment. Jewish law is clear. The life of the mother always comes first

Link to tweet

https://www.miamiherald.com/news/politics-government/state-politics/article262496912.html

A South Florida Jewish congregation has challenged a new state law that blocks abortions after 15 weeks of pregnancy, contending the measure violates privacy and religious-freedom rights.

The lawsuit, filed Friday in Leon County circuit court by Congregation L’Dor Va-Dor, seeks to block the law from taking effect July 1. Abortion clinics also filed a lawsuit this month in Leon County challenging the constitutionality of the restriction.

Both cases include allegations that the law, signed by Gov. Ron DeSantis in April, violates a privacy right in the Florida Constitution that has long played a pivotal role in abortion cases in the state.

But the lawsuit filed Friday by the Boynton Beach congregation also contends that the law violates religious-freedom rights.

“For Jews, all life is precious and thus the decision to bring new life into the world is not taken lightly or determined by state fiat,” the lawsuit said. “In Jewish law, abortion is required if necessary to protect the health, mental or physical well-being of the woman, or for many other reasons not permitted under the act [the new law]. As such, the act prohibits Jewish women from practicing their faith free of government intrusion and thus violates their privacy rights and religious freedom.”

[In It to Win It]

3. I remember this one.

although I haven't been following it that much.

Judge Kacmaryk's former employer First Liberty Institute filed an amicus brief making the religious freedom argument in the other direction, that preserving its precedent, and therefore striking down this law, conflicts with the free exercise of religious.