From Arizona to Florida, lower courts try to block abortion restrictions throughout the states… Supreme Court throws out three cases
Since last week’s overturn of Roe v Wade, the decision on whether to allow abortion and for how long has been moved to the states. However, many states are having their abortion laws challenged, blocked, or otherwise circumvented by lower courts.
Thursday, three cases of rulings by lower courts attempting to block abortion laws were thrown out by the Supreme Court. Two such cases, in Arizona and Arkansas, were based on rulings made by federal appellate courts, which attempted to invalidate the abortion bans in those states.
The two states have similar cases, as both involve the state trying to ban abortion based on fetal genetics, such as Down Syndrome, and were blocked by appellate courts, which based their rulings on the 1973 Roe decision.
Another case thrown out by the Supreme Court was in Indiana, where a law was blocked which would require parents of minors to be notified if their children sought abortions.
In all three cases, the Supreme Court has displayed that the rulings will not stand and must be reevaluated by the lower courts. These courts cannot base their decisions on an overturned federal ruling.
Governor DeSantis’s battle in Florida
But in Florida, their own Roe v Wade style battle is going on.
In April, Governor DeSantis signed a 15-week abortion ban into law in Florida. This law allowed for exceptions in cases of “fatal fetal abnormalities” or harm to the mother’s health. Similar to 1973’s Roe v Wade, Circuit Judge John Cooper filed an injunction against the bill claiming that the Florida Constitution protected abortion with a right to privacy.
Although he did not draw on last week’s Roe overturn, he used language and an argument very similar to that which established Roe in 1973. Florida’s abortion laws currently allow infanticide up to 24 weeks into pregnancy.
According to a spokesperson for Florida Gov. Ron DeSantis, the Governor intends to appeal this injunction up to the state Supreme Court. He believes that it will “withstand all legal challenges.”
With Roe v Wade overturned, many liberal judges in lower courts are desperate to find creative ways to allow infanticide to continue in their states; however, the Supreme Court of the United States has made it clear that there is no right to abortion guaranteed from a “right to privacy.” Stubborn judges at lower courts will learn the hard way that they cannot prevent states from saving the lives of innocent children.