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Florida Attorney General Ashley Moody says abortion precedents are 'clearly erroneous'
Florida Attorney General Ashley Moody says abortion precedents are 'clearly erroneous'State's Answer Brief
TALLAHASSEE - As lawmakers consider barring abortions after six weeks of pregnancy, Attorney General Ashley Moody's office late Wednesday urged the Florida Supreme Court to reject more than three decades of legal precedents that have protected abortion rights in the state.
Lawyers in Moody's office filed a 67-page brief arguing that justices should uphold a 2022 law that prevents abortions after 15 weeks of pregnancy. The brief said justices should rule that a privacy clause in the Florida Constitution does not protect abortion rights and that past rulings on the issue were "clearly erroneous."
It also argued that decisions about abortion restrictions should be left to the Legislature.
"Rather than allow the legislative process to unfold in response to new scientific and medical developments, this (Supreme) Court's (past) abortion cases have disabled the state from preventing serious harm to women and children and stifled democratic resolution of profoundly important questions touching on the treatment of unborn life, when an unborn child is capable of consciousness and pain, and what medical procedures affecting the procreative process are safe and appropriate to allow," the brief said.
The Supreme Court is considering a challenge by seven abortion clinics and a physician to the constitutionality of the 15-week abortion limit. But the court's decision - particularly on the privacy issue - is expected to play a critical role in determining if abortions are barred after six weeks.
Lawyers in Moody's office filed a 67-page brief arguing that justices should uphold a 2022 law that prevents abortions after 15 weeks of pregnancy. The brief said justices should rule that a privacy clause in the Florida Constitution does not protect abortion rights and that past rulings on the issue were "clearly erroneous."
It also argued that decisions about abortion restrictions should be left to the Legislature.
"Rather than allow the legislative process to unfold in response to new scientific and medical developments, this (Supreme) Court's (past) abortion cases have disabled the state from preventing serious harm to women and children and stifled democratic resolution of profoundly important questions touching on the treatment of unborn life, when an unborn child is capable of consciousness and pain, and what medical procedures affecting the procreative process are safe and appropriate to allow," the brief said.
The Supreme Court is considering a challenge by seven abortion clinics and a physician to the constitutionality of the 15-week abortion limit. But the court's decision - particularly on the privacy issue - is expected to play a critical role in determining if abortions are barred after six weeks.
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