Florida and Kentucky judges temporarily block ban on abortions because it 'violates the right to privacy': Utah, Louisiana and Texas judges also issue restraining orders after Roe v Wade overturned

Daily Mail UK ^ | June 30, 2022 | Vanessa Serna

[Morgana]

Abortions in Florida and Kentucky may temporarily resume after judges barred the states from enforcing abortion bans on Thursday.

Kentucky and twelve other states implemented a trigger law which would outlaw abortions in the instance of a ruling to overturn the 1973 landmark, Roe v. Wade.

Kentucky Judge Mitch Perry granted a temporary restraining order on Thursday to halt the state from enforcing a ban triggered by the Supreme Court's 6-3 vote - the state passed the trigger law in 2019.

'We're glad the court recognized the devastation happening in Kentucky and decided to block the commonwealth's cruel abortion bans,' Planned Parenthood said in a statement.

The ban was lifted since being implemented on Friday following the Supreme Court Ruling. The state intended to limit abortions to be allowed only if needed to prevent death or injury to the mother.

The ruling was met with contention by Republican State Attorney General Daniel Cameron, who claimed Perry had no right under the Kentucky constitution to allow abortion services to resume.

'We cannot let the same mistake that happened in Roe v. Wade, nearly 50 years ago, to be made again in Kentucky,' Cameron said. 'We will be seeking relief from this order.'

Florida Judge John Cooper temporarily halted the block on abortions after 15-weeks following a petition from abortion advocate groups. The ban was signed into law by Republican Governor Ron DeSantis in April and was set to take effect on Friday - following the overturn of Roe.

[Arcadian Empire]

The era of “Oh, gosh, a judge said something and therefor everyone must kneel and obey their royal statement” is over.

State legislatures and state executive branches need to stand up and say, “The judge has no power to do that and therefor the law, not the judge’s statement, prevails.”

It needs to be that definitive.

[Arcadian Empire]

Several Senate Republicans would sell out instantly.

[super7man]

I was only stating what the form was, not whether it was legitimate or not.

I do not believe it serves any purpose other than to maybe occasionally detecting a person that is prohibited. And I do not think it does that very well.

The government has no business nor legitimate need to know what fire arm I am buying.

So... I think we agree.

[Captain Peter Blood]

I know they would, 14 come to mind. The question is how would they craft the bill and what would be in it.

[Arcadian Empire]

Republican members of Congress would do everything they could to sell out pro-lifers with any national abortion legislation.

Pro-lifers, and the babies they represent, deserve better.

That is why Republicans must oppose any national abortion law before 2025.

The matter can be revisited in 2025 if there is a genuinely pro-life Republican President and a genuinely pro-life Republican super majority in Congress then.

[MileHi]

I was only stating what the form was, not whether it was legitimate or not.

I knew that.

So... I think we agree.

We do.

[Captain Peter Blood]

The pressure to come up with some kind of Bill is going to staggering right now. I really don’t see any bill coming forth right before the midterms, but then again who knows. That is now the only avenue available for the Democrats is a Federal Bill, trying to slug it out state by state will not work and would take years if not decades to try.

So I will be watching Pelosi and Warren twist and turn on this, it’s killing them.

They will look back over the last 50 years and realize any Bill would have been better than no bill at all, they just never thought the day would come the Court would overturn Roe and throw it back to the states.

[Bruce Campbells Chin]

They’re not overruling the U.S. Supreme Court. SCOTUS said only that there was no federal right to abortion. Whether there is a state right is to be determined by each state, and there isn’t an appeal to SCOTUS on that.

[Bruce Campbells Chin]

So far, SCOTUS has said only that abortion is not business of the federal courts. So as of right now, Congress, state courts, and state legislatures are still able to act.

SCOTUS may later determine that Congress can't regulate it either, but base on Dobbs, federal courts no longer have jurisdiction over abortion. If state courts choose to invent a state-constitution based "right to privacy", that is not something that can be appealed to SCOTUS.

[gibsonguy]

That’s one view. One of these “Judges” said the law violates a woman’s constitutional right to privacy. Sure sounds like they are overruling the SC to me.