JACKSONVILLE, Fla. — Florida’s new law banning most abortions after 15 weeks of pregnancy is back in effect after it was briefly blocked by a 114-page ruling issued by a circuit court judge on Tuesday morning.
The law is back online because the state appealed the ruling, which triggers an automatic stay and puts the ruling on hold.
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Even with the law back on the books, state representative and former Planned Parenthood employee Anna Eskamani (D-Orlando) argued the initial court victory for the clinics suing the state is significant.
“Having a 114-page order that dismisses much of the state’s bogus claims is a strong beginning,” said Eskamani.
Circuit Court Judge John Cooper not only ruled the law is likely unconstitutional on its face based on prior Florida Supreme Court rulings that determined the state constitution’s privacy clause protects abortion access, but also he argued the state has no compelling interest to justify a 15-week ban.
The state claimed the ban sought to prevent fetal pain, but expert witnesses testified fetuses can likely not feel pain until the end of the second trimester, which is roughly two months after the 15-week mark.
“He also dismisses claims made that this is good for public health and good for maternal health,” said Eskamani.
Read: Florida 15-week abortion ban reinstated after legal appeal
But a final resolution is possibly years away and at least for now, the ban remains in effect.
“It’s been really tough, and a lot of patients are calling and they’re confused,” said Kelly Flynn, president and CEO of A Woman’s Choice Jacksonville, which is a plaintiff in the lawsuit.
There’s going to be a lot more back and forth before a final resolution.
The governor’s office has made it clear it intends to fight the lawsuit through to the end.
“The Florida Constitution does not include–and has never included–a right to kill an innocent unborn child. We will appeal today’s ruling and ask the Florida Supreme Court to reverse its existing precedent regarding Florida’s right to privacy. The struggle for life is not over,” said DeSantis Deputy Press Secretary Bryan Griffin in an emailed statement.
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Flynn told us attorneys are already working on a motion asking Cooper to put the law back on hold.
If he rules to put his order back into effect, the state will likely appeal the decision and ask the appellate court to put the law back into effect.
Whichever way the appellate court rules, the decision is likely to be appealed to the Florida Supreme Court.
If the supreme court agrees to weigh in, its ruling would determine whether the 15-week ban remains in effect as the case goes back to the circuit court for a full trial.
“It’s just mayhem, it’s chaos and it’s confusion,” said Flynn.
Flynn said the clinic is doing its best to inform patients what their options are as the case moves through the legal system.
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“For now, we are just scheduling these patients at our other offices in North Carolina until we have further permission to be able to start seeing our patients past 15 weeks,” said Flynn.
Eskamani witnessed a similar scenario play out firsthand when the state’s 24-hour delay law was challenged.
“Moments where this law was in place, moments where it wasn’t and then it was back in place and then it wasn’t and that back and forth is incredibly overwhelming and confusing for patients and for health care providers,” said Eskamani.
That legal battle played out for seven years before the 24-hour delay law was eventually upheld.
Flynn hopes the outcome of the challenge to the 15-week abortion ban ends differently.
“And we’re going to continue to work hard to get this lifted permanently so Floridians can have safe accessible care past 15 weeks,” said Flynn.
Flynn said in the absence of a lasting resolution in the courts, the clinic will focus on helping women travel to North Carolina to obtain procedures.
“So, we’re trying to raise money. Local funds are helping us to be able to help transfer the patients to get the care that they need,” said Flynn.
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