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Florida, Kentucky causes laws temporarily banning abortion to be blocked by courts

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Judges in Florida and Kentucky on Thursday approved temporary restraining orders that blocked laws restricting abortions.

The measures come after judges this week also ordered temporary halts on abortion bans in Texas, Utah and Louisiana.

The Supreme Court’s decision to overturn Roe v. Wade on Friday paved the way for two different so-called trigger laws in Kentucky — one that bans abortion and passed in full in 2019, and another that bans abortion after a fetal heartbeat is detected. detected. The 2019 law also makes it a Class D felony to provide abortions to patients in the state.

“A Kentucky Circuit Court has blocked the state’s total abortion ban and six-week ban, and has granted our request for a restraining order,” the president said. Kentucky’s ACLU said in a statement: Thursday.

“Abortion is legal again in the Commonwealth. Our legal team is reviewing the warrant to determine when our client can resume care.”

The lawsuit brought by Planned Parenthood and EMW Women’s Surgical Center, which were represented by the ACLU, argued that the laws violate the Kentucky Constitution’s rights to self-determination and privacy of bodily integrity.

Abortion rights protesters to protest the Supreme Court decision in the Dobbs v Jackson Women’s Health case at the Gene Snyder Courthouse in Louisville, Ky. on Friday.Jon Cherry / Getty Images

“A person who is required by the government to remain pregnant against her will – a significant physiological process that impairs health for 40 weeks and culminates in childbirth – experiences an interference of the highest order in her right to own her own person and control it,” said the spokesman. lawsuit stated.

“The right to self-determination thus protects the power of Kentuckians to determine whether to continue or terminate their own pregnancy,” it continued.

Planned Parenthood and EMW Women’s Surgical Center are the only two clinics licensed to administer abortion in Kentucky and are represented by the American Civil Liberties Union.

Jefferson Circuit Court Judge Mitch Perry heard arguments from both the state and the ACLU.

“It’s a close call, by the way,” Perry said at the end of Wednesday’s hearing.

While the law states that doctors must do everything possible to save both the life of the fetus and the mother, the lawsuit states that pregnancies pose a range of dangers to a person, beyond just physical complications. The complaint lists several dangers associated with pregnancy, including a higher risk of partner violence, poverty and mental health problems.

The ACLU argued that forced pregnancy causes irreparable harm to residents of Kentucky.

Christopher Thacker, of the Kentucky Attorney General’s office, argued that a restraining order was not necessary because the parties in court were corporations and not a Kentucky resident who may be adversely affected by the law.

“None of those parties can be harmed by … proposed constitutional rights because they cannot conceive,” Thacker said.

He further told the judge that there is no constitutional right to practice medicine or a constitutional right to terminate pregnancy.

In Florida, Leon County Judge Cooper will issue a temporary restraining order for a 15-week abortion ban. Cooper called the ban a violation of the Florida constitution’s privacy provision on Thursday.

“It will be a temporary statewide order,” Cooper said of his order. “It won’t be effective until I sign an order, so it won’t be today.”

Planned Parenthood and multiple other medical centers brought forth the legal complaint to stop the law, which was signed in April by Republican administration Ron DeSantis and was set to go into effect Friday.

The ACLU also represented Florida clinics, saying in a press release Thursday that this bill would imprison physicians for providing necessary care to their patients. Daniel Tilley, legal director of Florida’s ACLU, said Cooper’s ruling “reflects the will of the people.”

“Despite the best efforts of Governor Ron DeSantis and extremist politicians in Florida, we have the power to fight back against these attempts to force their brutal agenda on Floridians,” Tilley said. “We will continue to do this to ensure that no one has to carry a pregnancy against their will.”

Kentucky and Florida were two of several states where such termination of pregnancy limits were ready to be introduced pending the Supreme Court’s majority opinion.

The ACLU filed another petition for relief in Ohio on Wednesday, challenging a ban on abortion after about six weeks of pregnancy, when a fetal heartbeat is detected.


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