The Supreme Court of Florida decided 4-1 not to temporarily suspend HB 5, which bans abortion after 15 weeks.
But the court agreed to hear the Planned Parenthood and ACLU in the near future.
Justices Charles Canady, John Couriel, Jamie Grosshans, and Ricky Polston voted in the affirmative: “Petitioners’ Emergency Motion to Vacate Automatic Stay of Temporary Injunction is denied.”
The justices did not expand on their decision.
Justice Jorge Labarga dissented:
In views of this Court’s longstanding precedent, I conclude that the petitioners have satisfied the burden required for this Court to lift the automatic stay of the temporary injunction.Therefore, I would grant the petitioners’ motion.
Chief Justice Carlos Muniz and Justice Renatha Francis did not vote.
Couriel, Grosshans, Labarga, and Polston agreed to hear the case. Canady dissented.
The court will schedule the oral arguments in a “separate order”:
Petitioner’s initial brief on the merits must be served on or before February 27, 2023; respondent’s answer brief on the merits must be served thirty days after service of petitioner’s initial brief on the merits; petitioner’s reply brief on the merits must be served thirty days after service of respondent’s answer brief on the merits; and respondent’s cross-reply brief on the merits, if authorized, must be served thirty days after service of petitioner’s reply brief on the merits.
The plaintiffs went to the Supreme Court because the “1st District Court of Appeals tossed out a temporary injunction issued by Leon County Circuit Judge John Cooper.”
Cooper ruled HB 5 violates the Florida Constitution, pointing to Section 23: “Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.”
But “[T]he appeals court ruled the plaintiffs could not show ‘irreparable harm’ from the 15-week limit.”
The plaintiffs told the Supreme Court:
“Granting plaintiffs’ requests to stay the First DCA’s decision and allow the injunction to take effect would restore the status quo while litigation continues and allow Floridians to resume exercise of their constitutional right to decide whether to carry a pregnancy to term or obtain a pre-viability abortion — a right that this (Supreme) Court has repeatedly recognized is encompassed by the Florida Constitution’s right of privacy,” said the brief, filed by attorneys for the American Civil Liberties Union, Planned Parenthood, the Center for Reproductive Rights and the national law firm of Jenner & Block.
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