Less than one week after the Supreme Court upheld a 15-week abortion ban in the state of Mississippi, a Florida judge has issued a temporary restraining order blocking enforcement of a 15-week abortion ban Governor Ron DeSantis signed to save babies from abortions.
The law is estimated to save as many as 5,000 babies from abortions.
“We’re here today to protect life,” Governor DeSantis said at a large ceremony to sign the bill back in April. “We’re here today to defend those who can’t defend themselves.”
But today, Judge John Cooper issued a ruling blocking the law — siding with abortion businesses who wanted to stop it before it went into force tomorrow to protect babies. The lawsuit comes on state constitutional grounds even though the Supreme Court overturned Roe and lifted federal objections to states protecting the lives of unborn children.
Cooper plans to issue a temporary injunction against the legislation but said the written order formally pausing the law won’t come Thursday because of time constraints.
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Cooper cited the right to privacy enumerated in the Florida Constitution.
Unlike the U.S. Constitution, the Florida Constitution is explicit about the right to privacy, which the Florida Supreme Court has previously ruled encompasses the right to an abortion. Ultimately, Florida’s 15-week abortion ban is expected to go before the Florida Supreme Court.
When DeSantis signed the law, the governor said the bill “protects the rights of unborn children starting at 15 weeks. This is a time where these babies have beating hearts. They can move, they can taste, they can see, they can feel pain, they can suck their thumb, and they have brain waves.”
“Life is a sacred gift worthy of our protection, and I am proud to sign this great piece of legislation which represents the most significant protections for life in the state’s modern history,” he said.
“So this will represent the most significant protections for life that have been enacted in this state in a generation.”
The legislation, which would go into effect July 1, bans abortions after 15 weeks of pregnancy, with exceptions if the mother’s life is at risk or the unborn baby has a fatal disorder. It also includes measures to reduce infant mortality and a requirement that abortion facilities report suspected human trafficking cases to the state.
As LifeNews reported, the Supreme Court has overturned Roe v. Wade, with a 6-3 majority ruling in the Dobbs case that “The Constitution does not confer a right to abortion” — allowing states to ban abortions and protect unborn babies. The high court also ruled 6-3 uphold the Mississippi 15-week abortion ban so states can further limit abortions and to get rid of the false viability standard.
Chief Justice John Roberts technically voted for the judgment but, in his concurring opinion, disagreed with the reasoning and said he wanted to keep abortions legal but with a new standard.
Texas and Oklahoma had banned abortions before Roe was overturned and Missouri became the first state after Roe to protect babies from abortions and South Dakota became the 2nd. Then Arkansas became the third state protecting babies from abortions and Kentucky became the 4th and Louisiana became the 5th and Ohio became the 6th and Utah became the 7th and Oklahoma became the 8th and Alabama became the 9th. This week, Mississippi became the 10th and South Carolina became the 11th,Texas became the 12th with its pre-Roe law and Tennessee became the 13th.
Michigan, Wisconsin and West Virginia have old pro-life laws on the books but there is question about whether they are applicable and will be enforced.
Ultimately, as many as 26 states could immediately or quickly ban abortions and protect babies from certain death for the first time in nearly 50 years.
The 13 total states with trigger laws that would effectively ban all or most abortions are: Arkansas, Idaho, Kentucky, Louisiana, Missouri, Mississippi, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah and Wyoming.
“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Alito wrote.
“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” Alito wrote. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”
This is a landmark day for the Pro-Life movement and our entire nation. After staining the moral fabric of our country for nearly 50 years, Roe v. Wade is no more.
Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer authored a joint dissent condemning the decision as enabling states to enact “draconian” restrictions on women.
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