Ky., Fla. judges to block bans on abortion
LOUISVILLE, Ky. — A judge in Kentucky temporarily blocked that state’s neartotal ban on abortions Thursday, while a Florida judge said he would temporarily stop a 15-week ban from taking effect there, as judges across the country weigh whether state constitutions permit the procedure after the U.S. Supreme Court overturned Roe v. Wade last week.
The ruling in Kentucky pauses that state’s so-called trigger law, which was designed to take effect after the nation’s highest court ruled to end federal constitutional protections for abortions. The case reflects battles being waged in courts across the country after the Supreme Court left it up to the states to decide whether abortion is legal within their borders.
Some of the legal disputes involve trigger laws — like Kentucky’s and Florida’s — that were specifically designed to take effect if Roe were to fall. Some involve bans that have been on the books, unenforced, for generations. Others entail prohibitions on abortion that were held up pending the ruling on Roe and are now moving forward.
In Florida, Judge John C. Cooper said Thursday that he will temporarily block the 15week abortion ban from taking effect after reproductive health providers argued the state constitution guarantees a right to the procedure. Cooper said Florida’s ban was “unconstitutional in that it violates the privacy provision of the Florida Constitution.“
Republican Gov. Ron DeSantis said the state would appeal.
Cooper’s decision will not go into effect until he signs a written order — which appeared would not happen before Tuesday — meaning the 15-week ban will likely take effect Friday, as scheduled. The gap raises questions about whether some patients would be affected.