Tuesday, January 31, 2023
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Justices on Monday formally agreed to take up the case and issued a schedule that indicated it will be at least until late April before all briefs are filed. The court also did not set a date for oral arguments, which, if held, would happen after the briefs are submitted. Speculation has long swirled about whether the Republican-controlled Legislature and Gov.
Ron DeSantis will place additional restrictions on abortions, But Senate President Kathleen Passidomo, R-Naples, said in November that lawmakers would wait to make a decision until after the Supreme Court acts on the challenge to the week law — an approach that DeSantis also appeared to suggest in August. We were happy that we were able to achieve it. So, we look forward and welcome future endeavors, but we realize there is still a fight on the legal end on that.
The annual legislative session will start March 7 and is scheduled to end May 5. Lawmakers also could take up the abortion issue during a special session. The state will have 30 days after that to file an answer brief, and the plaintiffs then will have 30 days to file what is known as a reply brief. Seven abortion clinics and a physician, Dr. Shelly Hsiao-Ying Tien, filed the lawsuit June 1, arguing that the week limit violates a privacy clause in the Florida Constitution that has long been interpreted to protect abortion rights.
Leon County Circuit Judge John Cooper agreed with the plaintiffs and issued a temporary injunction against the law. The Florida Supreme Court on Monday rejected a request by the plaintiffs for a stay of the appeals-court ruling — effectively meaning the week limit will remain in place while the legal battle continues.
Justices also issued the order to formally take up the case and set the schedule. The plaintiffs point to more than three decades of legal precedent that has said the clause protects abortion rights.
If lawmakers decide to pass additional abortion restrictions, it remains unclear how far they might go. Passidomo has suggested the possibility of a week limit with exceptions in cases of rape and incest — exceptions that were not included in the week law. But she also has pointed to waiting for a Supreme Court decision. When we did the 15 weeks, it didn't get in the bill. But there's really nothing to do until the Supreme Court rules.
House Speaker Paul Renner, R-Palm Coast, was more circumspect last week about how the abortion issue will move forward.
We have a pro-life majority. When you break that down, we have people that want to be where we are, some people want to be much more in the direction of life, and in between. Search Query Show Search. Health News Florida. Special Coverage. About Us. WUSF Network. Show Search Search Query. Play Live Radio.
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