The decision in Kentucky interrupts the so-called state activation law, which was designed to take effect after the country’s highest court ruled to end federal constitutional protection against abortion. The case reflects nationwide court battles as the Supreme Court has left states to decide whether abortion is legal within their borders – forcing abortion rights groups to turn to state constitutions for protection. Some of the legal disputes include activation laws – such as those in Kentucky and Florida – that were specifically designed to apply in the event of Roe’s downfall. Some include bans on books that are unenforceable for generations. Others include bans on abortions that were postponed pending a decision on Roe and are now proceeding. In Florida, Judge John C. Cooper said Thursday he would temporarily block the 15-week abortion ban from coming into force after reproductive health providers argued that the state constitution guarantees the right to the procedure. Cooper said the Florida ban was “unconstitutional as it violates the secrecy of the Florida Constitution.” Republican Gov. Ron Desantis has said the state will appeal. Cooper’s decision will not take effect until he signs a written order – which appeared not to happen before Tuesday – meaning the 15-week ban is likely to take effect on Friday, as scheduled. The vacuum raises questions about whether some patients will be affected. Florida law allows abortion for up to 24 weeks, and data from the Centers for Disease Control and Prevention show that the vast majority of abortions in the state take place before the end of 15 weeks. The turmoil in the courts has caused confusion in the states and left patients and clinics confused. In Arizona, the attorney general said Wednesday that a complete ban on abortions that existed before the state could be implemented, although the governor disagreed and said a new law banning abortions after 15 weeks is a priority. Abortion providers in this state immediately stopped the process for fear of prosecution. In Louisiana, this attorney general warned doctors not to have abortions, even when the ban there has been temporarily lifted. Florida law contains exceptions if the procedure is necessary to save the pregnant woman’s life, to prevent serious injury, or if the fetus has a fatal abnormality. It does not allow exceptions in cases of rape, incest or human trafficking. Reproductive health providers have challenged a law based on a 1980 constitutional amendment guaranteeing a broad right to privacy that has been interpreted by the state Supreme Court to include abortion. Florida voters confirmed their right to privacy in 2012 by rejecting a voting initiative that would have weakened its protection, plaintiffs said. The state argued that abortion providers did not have the right to claim a personal right to privacy because they acted as third parties on behalf of their patients. The lawyers also said that the state’s constitutional right to privacy does not include the right to abortion, arguing that the state has an interest in protecting health and protecting possible life. In a statement, DeSantis said the Florida Supreme Court had previously misinterpreted Florida’s right to privacy to include the right to abortion. He said the state rejects that interpretation “because the Florida Constitution does not include – and has never included – the right to kill an innocent unborn child.” In Kentucky, Thursday’s decision allowed abortions to resume after they ended abruptly last week. Heather Gatnarek, a lawyer with the American Civil Liberties Union of Kentucky, said nearly 200 women with scheduled appointments were removed from the EMW Women’s Surgical Center, one of Louisville’s two abortion clinics, in recent days. The ACLU and Planned Parenthood issued a joint statement saying they were delighted that “severe abortion bans” had been blocked, adding that since last week’s decision, “many Kentucky women have been forced to become pregnant against their will or leave the state.” to look for the essentials. Care. “Despite this victory, we know that this fight is far from over.” Kentucky Attorney General Daniel Cameron, a Republican nominee for governor, said Thursday’s decision was unfounded in the state constitution and he intended to challenge it. “We will do everything possible to continue to defend this law and to ensure that the unborn life is protected in the Commonwealth,” he said in a statement. The Kentucky decision came after abortion clinics filed a lawsuit saying women “were forced to become pregnant against their will” in violation of the state constitution. They asked the judge to temporarily block the activation law along with another Kentucky law that sought to prevent abortions at six weeks’ gestation. Jefferson County Circuit Judge Mitch Perry also agreed to temporarily block the six-week ban. This measure had previously been stopped by a federal court. The Kentucky measure contains a narrow exception that allows a physician to perform a procedure necessary to prevent the death or permanent injury of a pregnant woman. It does not allow abortions in cases of rape or incest. Kentucky residents will vote in November on a voting initiative that, if ratified, would prove that the state has no constitutional right to abortion. Both sides of the abortion debate are busy organizing the election.
Forliti reported from Minneapolis
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