TALLAHASSEE, Fla. — Declaring it unconstitutional, a state judge said Thursday he would temporarily delay Florida’s new law that bans most abortions after 15 weeks.
But Leon Circuit Judge John Cooper said his ruling would go in force only after he issues a written order, which means the law will still take effect as scheduled on Friday. Cooper said the order would likely not be filed until Tuesday.
A spokesman for the governor’s office said the state would appeal.
“We will appeal today’s ruling and ask the Florida Supreme Court to reverse its existing precedent regarding Florida’s right to privacy,” said spokesman Bryan Griffin. “The struggle for life is not over.”
Lawyers for the ACLU and Planned Parenthood, which sued to stop the law signed by Gov. Ron DeSantis in April, asked for the temporary injunction. They argue it violates the state constitution’s broad right of privacy approved by voters in 1980.
Several court cases have affirmed that it extends to a woman’s right to obtain an abortion.
Abortion providers face fines, imprisonment and the loss of their medical license under the new law. A plaintiffs’ witness also said that could interfere with the bond between patient and physician and their ability to provide the best medical course of action.
But lawyers for the state argued it would have a minimum impact since more than 96% of abortions in Florida occur prior to 15 weeks anyway and nothing in the law would prevent women from getting abortions earlier. In fact, it would probably motivate women to seek abortions earlier, they said.
They also argued the state had a compelling interest to limit abortions because of mortal and mental health risks to the mother, and the potential for the fetus to feel pain after 15 weeks.
The ruling comes a week after the U.S. Supreme Court overturned Roe v. Wade, the nearly 50-year-old national right to abortion that was considered by most to be settled law. It puts the decision about abortion into the hands of state legislatures.
The Roe ruling is expected to lead to many states imposing stricter regulations and bans on abortions, and test the state constitutions that protect a woman’s right to choose.
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