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FBaggins

(27,923 posts)
6. The state Supreme Court's earlier decision
Thu Jun 30, 2022, 12:46 PM
Jun 2022

Has some reliance on Roe, but does evaluate the issue looking at just the state constitution as well. That ruling said that the state could restrict abortion after viability, could not restrict it during the first trimester - and then was a little fuzzy in between.

So they could rule without overturning the 1989 decision if they find enough in the statute that claims they're acting to protect the life/health of the mother (something about a period where it's safer to be pregnant than to abort)...

... or they too could overturn the earlier precedent. As I hinted above, if the state can stretch the decision out for six months, DeSantis might get to appoint three more judges (to the three he already picked).

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