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Clinics appeal to Florida Supreme Court's conservative bent in fighting abortion ban
Last edited Wed Mar 1, 2023, 07:51 PM - Edit history (2)
The PhoenixPetitioner's Brief
‘Overwhelming weight of textual and historical evidence’ supports access
Attorneys for a group of abortion clinics are pleading with the Florida Supreme Court not to overrule decades of precedent protecting access to the procedure under the Florida Constitution, citing the plain text of that document’s Privacy Clause and the danger to millions of Florida women.
Arguments, filed Tuesday on behalf of Planned Parenthood and other clinics plus a doctor who provides abortion care, point to the plain text of the Privacy Clause, which Florida voters adopted in 1980:
“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. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.”
“Such a broad freedom in private and personal matters necessarily extends to the profound and personal decision whether to have an abortion or to bear the substantial pains, risks, and life-altering consequences of pregnancy and childbirth,” the brief says.
The pleading looks like an attempt to remind the court’s majority of their purported conservative principles — as remade by Gov. Ron DeSantis since first taking office in 2019, the court majority has amply demonstrated willingness to second-guess precedents established by earlier, more moderate or liberal, courts. Like the one that found in 1989 that the Privacy Clause protects abortion rights.
The state will file a reply brief at a later date.
Attorneys for a group of abortion clinics are pleading with the Florida Supreme Court not to overrule decades of precedent protecting access to the procedure under the Florida Constitution, citing the plain text of that document’s Privacy Clause and the danger to millions of Florida women.
Arguments, filed Tuesday on behalf of Planned Parenthood and other clinics plus a doctor who provides abortion care, point to the plain text of the Privacy Clause, which Florida voters adopted in 1980:
“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. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.”
“Such a broad freedom in private and personal matters necessarily extends to the profound and personal decision whether to have an abortion or to bear the substantial pains, risks, and life-altering consequences of pregnancy and childbirth,” the brief says.
The pleading looks like an attempt to remind the court’s majority of their purported conservative principles — as remade by Gov. Ron DeSantis since first taking office in 2019, the court majority has amply demonstrated willingness to second-guess precedents established by earlier, more moderate or liberal, courts. Like the one that found in 1989 that the Privacy Clause protects abortion rights.
The state will file a reply brief at a later date.
I took the time to read the brief last night. IMO, the brief was well-done and persuasive. I think the ACLU and Center for Reproductive Rights have done a good job arguing this case from the start, especially compared to the state's half-assed arguments. It's like the state isn't even trying to win (because they've pretty much indicated that they expect to win in the state Supreme Court anyway), while the ACLU is giving it their all and presenting compelling arguments. Whether the justices on the Florida Supreme Court will give a fuck... I don't know.
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