TO DOWNTOWN. IT’S A 5 MINUTE COMMUTE. SAFE TRAVELS IN US. LOOK AT YOU. KEEP KRISTEN TELL
YOU AT A TIME SAVER TRAFFIC.
>>BRUCE HAMILTON: A FLORIDA
JUDGE DECIDED TO TEMPORARILY
BLOCK THE STATE’S RECENTLY
PASSED ARTION BILL FROM
BECOMING LAW. HOUSE BILL 5
WILL BAN NEARLY ALL PROCEDURES
AFTER 15 WEEKS OF PREGNANCY
HERE IN FLORIDA. THOSE OPPOSED
BY REPRODUCTIVE RIGHTS
ORGANIZATIONS, INCLUDING
PLANNED PARENTHOOD, THE
AMERICAN CIVIL LIBERTIES UNION
WHO SUED THE STATE TO BLOCK
THE BILL. JOINING ME IN THE
MORNING SHOW NEWS FOR JACK’S
POLITICAL ANALYST IN THE HEAD
OF THE JACKSONVILLE UNIVERSITY
PUBLIC POLICY INSTITUTE RICK
MULLANEY. GOOD MORNING, RICK.
MORNING BREWERS. SO RIG JUDGE
COOPER ISSUED A VERBAL ROLLING
AND UNTIL HE PUTS IT IN
WRITING, IT’S OFFICIALLY
OFFICIAL.
>> THAT’S CORRECT. BRUCE,
UNDER THE STATUTE TODAY, AS
WE’RE SPEAKING, IT’S 15 WEEKS
IN FLORIDA TO PUT IT IN
PERSPECTIVE YESTERDAY. 24
WEEKS TODAY UNDER THE STATUTE
IS 15 WEEKS. HOWEVER, WHEN THE
JUDGE ENTERS HIS ORDER, WHICH
WILL ENJOIN THE STATUTE, IT
WILL GO BACK TO 24 WEEKS.
HOWEVER, WHEN GOVERNOR
DESANTIS TAKES THE APPEAL,
THAT ORDER COULD BE LIFTED IN
WHICH CASE IT WOULD GO BACK TO
15 WEEKS. LITTLE BIT
CONFUSING. BUT IN THE END,
THIS IS HEADING TO THE FLORIDA
SUPREME COURT AND THAT’S WHERE
IT WILL BE DECIDED BECAUSE
JUDGE COOPER IS EXPECTED TO
PUT IT IN WRITING SOMETIME
NEXT WEEK. AND THAT’S IT.
>>BRUCE HAMILTON: COOPER RULED
THAT THE LAW IS
UNCONSTITUTIONAL BECAUSE IT
VIOLATES THE PRIVACY PROVISION
OF THE STATE’S CONSTITUTION.
AND QUOTE, DOES NOT MEET THE
STANDARD OF THE FLORIDA
SUPREME COURT RULINGS THAT
PROTECT ABORTION RIGHTS IN THE
STATE. SO IN OTHER WORDS, AS
THE FLORIDA SUPREME COURT
DECIDED THAT WOMEN HAVE A
RIGHT TO PRIVACY UNDER THE
STATE CONSTITUTION TO NOT HAVE
THAT RIGHT COMPROMISED UP
UNTIL AT LEAST 24 WEEKS.
>> BRUCE, THAT CERTAINLY IS
THE RULING OF JUDGE COOPER.
AND THERE’S GOOD REASON FOR
THAT BECAUSE THE RIGHT TO
PRIVACY IS EXPLICIT IN
FLORIDA’S CONSTITUTION ADOPTED
IN 1980, AND THERE’VE BEEN
FLORIDA SUPREME COURT OPINIONS
CONFIRMED THAT RIGHT TO
ABORTION. HOWEVER, WHEN THIS
IS LITIGATED BEFORE THIS
SUPREME COURT, THERE ARE 3
POSSIBILITIES WON. THE FLORIDA
SUPREME COURT COULD FIND THAT
THE RIGHT TO PRIVACY IN THE
FLORIDA CONSTITUTION EXTENDS
TO 24 WEEKS. AND IF IT DOES,
THIS STATUE WILL BE
UNCONSTITUTIONAL. SECOND, THEY
COULD FIND THAT THE RIGHT TO
PRIVACY CONTAINS INCLUDES THE
RIGHT TO ABORTION, BUT
EXTENDED TO 15 WEEKS. AND BY
THE WAY, THAT WOULD BE
CONSISTENT WITH WHAT JUSTICE
ROBERTS WAS ADVOCATING IN HIS
CONCURRING OPINION IN DOBBS.
BUT, BRUCE, THERE’S ALSO A 3RD
POSSIBILITY THEY COULD REVISIT
THIS ENTIRELY AND THEY COULD
GO BACK AND FIND THAT THE
RIGHT TO PRIVACY IN THE
FLORIDA CONSTITUTION WAS
MISCONSTRUED. THIS IS WHAT
GOVERNOR DESANTIS IS ARGUING
AND THAT IN FACT, THAT RIGHT
TO PRIVACY DOES NOT CONTAINED
WITHIN IT RIGHT TO AN
ABORTION. AND THE ARGUMENT
WOULD BE AT THE TIME OF
ADOPTION IN 1980, IT HAD
NOTHING TO DO WITH ABORTION
HAD TO DO WITH PERSONAL
INFORMATION. ROE VERSUS WADE
WAS ADOPTED IN 1973. THERE’S
NO NEED FOR IT. SO IN THE END,
FLORIDA SUPREME COURT 3
POSSIBILITIES. WE’RE GOING TO
HAVE TO WAIT AND SEE. SO WITH
THE RULING THAT WAS TENDERED
YESTERDAY STARTED WITH
PROCEEDINGS IN THE COURTROOM
FOR JUDGE COOPER ON MONDAY.
CLOSING ARGUMENTS WERE
TENDERED YESTERDAY. IS HE
BASICALLY SAYING OVERALL THE
STATE’S ARGUMENT TO ENFORCE
THE LAW WAS NOT.
>>BRUCE HAMILTON: QUOTE,
LEGALLY A FISH. AND I THINK
THIS IS WHAT HE WROTE IN HIS
AND YOU KNOW, PRELIMINARY, A
JUDGE IN HERE TO JUSTIFY THE
STATUTORY BAN, CALLING THE
PROVIDERS WITNESSES MORE
CREDIBLE THAN WHAT THE STATE
FOR SENATE.
>> BRUCE, THAT TESTIMONY WAS
IMPORTANT. BUT IN THE END,
IT’S IMPORTANT FOR MY TO
REMEMBER WHAT THE ROLE OF
JUDGE COOPER IS. HE IS A TRIAL
COURT JUDGE. HE IS BOUND BY
THE RULINGS AND THE PRESIDENT
OF THE FLORIDA SUPREME COURT
IN HIS QUESTIONS TO LAWYERS.
HE ASKED THEM ABOUT THAT
EFFECT OF THOSE RULINGS FOR
JUDGE COOPER, ALTHOUGH THAT
WAS IMPORTANT. WHAT WAS MORE
IMPORTANT WAS HIS VIEW OF THE
RULINGS OF THE FLORIDA SUPREME
COURT. HE’S BOUND BY THEIR
PRESIDENT. AND THEREFORE, I
THINK HE BELIEVED HE WAS
COMPELLED TO FIND IT
UNCONSTITUTIONAL. HOWEVER,
WHEN IT GOES TO THE FLORIDA
SUPREME COURT, THEY ARE NOT
BOUND THAT WAY. THEY CAN
MODIFY THAT PRECEDENT. THEY
CAN OVERTURN THAT PRECEDENT OR
THEY COULD CONFIRM THAT
PRECEDENT. THAT REMAINS TO BE
SEE. LET’S TAKE A LOOK AT THE
BIG PICTURE HERE. BEYOND
ABORTION. THERE’S THE PRIVACY
ISSUE AND THAT’S WHAT’S TAKING
CENTER STAGE HERE.
>>BRUCE HAMILTON: YOU AND I
TALKED ABOUT THIS WHEN THE
SUPREME COURT HANDED DOWN THE
RULING ON ROE V WADE JUDGE
CLARENCE THOMAS WHEN HE ISSUED
HIS OPINION ON ROE V WADE
BASICALLY SAID SOME OF THE
SAME RULINGS CAN APPLY TO THE
ISSUE OF CONTRACEPTION AND
SAME MARRIAGE. IF YOU TAKE
INTO CONSIDERATION, JUDGE
COOPER’S THINKING. AGAIN,
LOOKING AT THE BROADER
PICTURE, CAN THAT THINK THE
SAME THING? REAPPLY?
>> BRUCE, I DON’T THINK SO
HERE. BUT FOR JUSTICE, THOMAS,
WHAT HE WAS REALLY CONCERNED
ABOUT WAS THAT, ANDERSON, HE
WASN’T REALLY ANTI
CONTRACEPTION OR AND TIE SAME
MARRIAGE. HE’S ANTI
SUBSTANTIVE DUE PROCESS UNDER
THE 14TH AMENDMENT. FINDING
NOT A RATED RIGHTS AND THAT
ROE VERSUS WADE FOUND AN
IMPLICIT RIGHT TO PRIVACY. FOR
EXAMPLE, THAT’S NOT IN THE
CONSTITUTION. THE FLORIDA
CONSTITUTION. HOWEVER, IT’S
NOT IMPLICIT, IT’S EXPLICIT.
IT IS IN THE FLORIDA
CONSTITUTION, THEREFORE, WITH
THE FLORIDA SUPREME COURT IS
GOING TO DO IS NOT LOOK TO AN
IMPLICIT RIGHT OF RIGHT TO
PRIVACY, BUT ONE THAT IS
CONTAINED WITHIN THE
CONSTITUTION. AND THE ARGUMENT
IS THERE’S A FLORIDA
CONSTITUTIONAL RIGHT TO
ABORTION. HOWEVER, SUMMER TO
JUSTICE THOMAS AND THE
CONSERVATIVE JUDGES, THERE
WILL BE A CONSERVATIVE VERSUS
LIBERAL CONSTRUCTION OF WHAT
DOES THE RIGHT TO PRIVACY ME
UNDER THE FLORIDA
CONSTITUTION. AND FOR THAT,
WE’RE GOING TO HAVE TO WAIT
AND SEE WHAT THE FLORIDA
SUPREME COURT SAYS THAT IT
WAS. ANOTHER LAWSUIT WAS FILED
BY MEMBERS OF THE SYNAGOGUE IN
SOUTH FLORIDA ON JUNE 10TH.
THEY SAID, LOOK, THIS VIOLATES
OUR RIGHT TO RELIGIOUS
FREEDOM. SO THERE ARE SOME
OTHER ISSUES THAT ARE PLAY
HERE AS WELL.
>> THERE ARE AND YOU’LL SEE
SOME NOVEL ARGUMENTS IN THAT
CASE OF WHAT THEY’RE ARGUING.
THERE’S THAT AND THE JEWISH
LIFE DOESN’T BEGIN UNTIL BIRTH
AND THAT THE MOTHER, THE LIFE
OF THE MOTHER, HAS PRIMACY,
NOT SO SURE HOW IT ODDS THAT
IS WITH THE FLORIDA STATUTE.
IN THE END AND STATES ACROSS
THE COUNTRY AND IN FLORIDA,
YOU’RE GOING TO SEE SOME NEW
ARGUMENTS PRESENTED. BUT IN
FLORIDA, IT’S GOING TO BE VERY
STATES PACIFIC. AND IN
FLORIDA, IT IS STATE SPECIFIC
IS THE INTERPRETATION OF THE
FLORIDA CONSTITUTION. THAT IS
A VERY COMPLEX ISSUE. AND IT’S
NOT ONE THAT’S GOING TO GO
AWAY SOON. IT IS NOT PRESENT
OR AS THE DEBATE.