Latest news with #FloridaSupremeCourt
Miami Herald
3 days ago
- Politics
- Miami Herald
Court hems in Florida minors who want abortions without their parents' knowledge
A Florida appeals court took an unusual legal step when it earlier this month struck down as unconstitutional a law allowing minors to get abortions without parental consent. Florida youth have for decades been able to petition a judge for permission to have an abortion without their parents' knowledge. This May, a pregnant 17-year-old initiated one of those cases. When a lower court judge denied her the waiver for an abortion, she appealed. The Fifth District Court of Appeal took up the appeal. But instead of focusing solely on the teen's case, the court used it to weigh major constitutional questions — a move that one judge acknowledged is rare. The court's decision effectively stops most minors from being able to have abortions unless their parent gives consent, further restricting Florida's already limited pathways to abortion and setting up a possible question for the Florida Supreme Court. The move was celebrated by Florida Attorney General James Uthmeier and other conservatives. But abortion access advocates have decried it, saying the court went into the case with an outcome in mind and found its way to it. 'Judicial overreach doesn't even begin to describe it,' said Amy Myrick, senior counsel of U.S. litigation at the Center for Reproductive Rights. Inviting in the AG Before the appeals court judges got all the details about the teen's case, they drafted an order asking her lawyers to answer four legal questions. The questions had nothing to do with the minor's specific circumstances but were more broadly about the judicial waiver process itself, including whether the parents of minors got due process. Then, in a move that some observers said was unusual, the court invited Florida's Republican Attorney General James Uthmeier to weigh in on the legal questions the judges raised. Uthmeier joined the case as an opponent and argued that the judicial waiver process violates parents' rights. (Usually, in the judicial waiver process, the minor makes the petition and the judge decides if the girl is 'sufficiently mature' to decide whether to terminate her pregnancy. There are normally no other outside parties involved besides the minor's lawyers.) 'When you're reaching out to do a whole bunch of stuff you don't need to do to resolve a case, it's usually because you're trying to get a big legal conclusion about it,' said Mary Ziegler, a reproductive law expert at UC Davis School of Law. Mat Staver, the chairman of the conservative anti-abortion group Liberty Counsel, said it wasn't unusual for the courts to give notice to the attorney general when a constitutional provision is being questioned, and said it was 'very appropriate' for the appeals court to do so. Uthmeier last year, while he was still Gov. Ron DeSantis' chief of staff, was the chairperson of a political committee that opposed a proposed amendment to protect abortion rights in Florida. That amendment ultimately failed in November's election. Uthmeier has also pushed against the idea of minors getting abortions without parental consent. A few months before weighing in on the Florida case, Uthmeier filed a brief encouraging the U.S. Supreme Court to reevaluate what rights minors have and what rights their parents have when it comes to abortion, arguing that there was a common law tradition of parents having rights over their children. Florida's bypass process has been used less frequently after the six-week abortion ban went into effect last year. In 2024, courts saw 130 petitions filed across the state, most of which were granted. The courts A judge on the Fifth District Court of Appeal acknowledged that the court's decision to weigh in on the constitutionality of the law, rather than resolve it more simply, was unusual. The court also said that it was possibly the 'first and only' time it would be able to address the question, 'which has thus far evaded review despite being posed in an untold number of prior cases.' In a concurring opinion in the recent Fifth District case, Judge John MacIver said the court thought it was appropriate to address the constitutional questions because parents whose kids have abortions without their knowledge would not be able to challenge the law themselves since, 'by design,' the law blocks those parents from being informed. The justices' actions were primed by a move last year by the First District Court of Appeal. That court said it couldn't review abortion waiver cases because there was no party opposing the minor. 'The only opportunity for a defense of those fundamental rights came about here because the Attorney General of Florida was invited to brief as amicus and instead sought intervention,' MacIver said. Of the three judges in the Fifth District who heard the case, two were appointed by DeSantis — MacIver and Jordan Pratt, who authored the decision and used to work at a conservative religious liberty law firm that has represented anti-abortion parties. Pratt this week was nominated by President Donald Trump to a federal judgeship. The third justice, Brian Lambert, was appointed by former Gov. Rick Scott. No judge dissented. What about teens now? After the court's ruling, there are limited circumstances where minors can still use the waiver process, such as if they are the victim of child abuse, said Elizabeth Ling, an attorney with the abortion access group If/When/How. 'For the vast majority of people who are under 18 in the state of Florida, the judicial bypass or the judicial waiver process is no longer an option,' Ling said. With the ruling in place, pregnant minors in Florida's foster system find themselves in uncharted territory. Florida law prohibits the Department of Children and Families from ever authorizing an abortion — meaning that foster kids have no other option but to use the judicial waiver process if they want to terminate their pregnancy. Ling said that because the ruling leaves the avenue only for victims of child abuse, it could create a split process for foster kids. Youth who are in the system because of abuse could access the waiver process, but foster youth who are in the system for other reasons may not be able to. Ling said research shows that young people largely involve a parent with news of their pregnancy, and said when people seek otherwise, they 'have thought very deeply and carefully' about it. She said young people are now 'being forced to choose between either having the abortion or their safety and their wellness.' Florida Supreme Court The appeals court said it anticipated future Florida Supreme Court review of the question of whether the judicial waiver law complies with a parent's due process rights. If the Florida high court does hear the case, earlier precedent could mean it sides with people trying to dismantle the judicial waiver process. Last year, the Florida Supreme Court said the state constitution doesn't guarantee a right to an abortion. Ziegler said if the judicial waiver case does move to the Florida Supreme Court, it could be a way for anti-abortion advocates to argue about fetus' rights in their briefing in the hopes that justices would seize on it and include it in a ruling. If the court determines that fetuses have more rights, it could lead to further restrictions on abortion. 'They want to get on the Florida Supreme Court on personhood,' Ziegler said. Of the seven state Supreme Court justices, five have been appointed by DeSantis. Some have known anti-abortion views. Staver, the chairman of the conservative anti-abortion group Liberty Counsel, said the recent case striking down judicial waivers was 'perhaps the first step' in the direction of looking at a right to life for fetuses in the Florida Constitution — as well as affirming parental rights more broadly.
Newsweek
3 days ago
- Health
- Newsweek
Ron DeSantis Blocks Repeal of 'Free Kill' Medical Malpractice Law
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Florida Governor Ron DeSantis has blocked a bill which would have repealed a so-called "free kill" medical malpractice law in the state. Why It Matters This year, the Florida legislature approved a bill that would have repealed a 1990 Florida law that bars unmarried adult children over the age of 25 and their parents from recovering medical malpractice damages in cases involving the deaths of their parents or children. This law has been known as the "free kill" law and Florida is the only state in which it exists, having been signed into law by then-Governor Lawton Chiles. Since 2017, Florida has had no caps on pain and suffering awards in medical malpractice suits because the Florida Supreme Court ruled them unconstitutional. Florida Gov. Ron DeSantis speaks during a public event where he announced he would sign a bill banning the use of fluoride in public water systems, Tuesday, May 6, 2025, in Miami. Florida Gov. Ron DeSantis speaks during a public event where he announced he would sign a bill banning the use of fluoride in public water systems, Tuesday, May 6, 2025, in Miami. AP Photo/Lynne Sladky The state House approved the measure 104 votes to 6. On May 1, the Senate passed it 33 votes to 4 and rejected an amendment that would have included caps. What To Know DeSantis said the bill lacked limits on damages and claimed this would make it harder for the state to recruit doctors. He said the proposal could "open flood gates" for litigation. What People Are Saying DeSantis said: "If you don't have those caps, then you really are incentivizing a lot more litigation to take place in the state of Florida. None of that is free lunch. Somebody will have to pay for it. And unfortunately, I think if this bill became law, I do think the cost would be borne by the physicians, who would potentially flee the state, to people that wouldn't have as much access to care." Florida law firm Palmer Lopez previously described the law as one of the Sunshine State's "most controversial medical malpractice statutes," adding that: "If you do not have a surviving spouse or any children younger than 25, the grim reality is that you're the sole individual with the legal standing to initiate a wrongful death claim against the doctor. Tragically, by the time your case could potentially reach court, you would no longer be alive to see it through [ …] While the situation may sound absurd, it, in fact, describes the reality of many medical malpractice victims in Florida." Jacksonville Republican Senator Clay Yarborough previously said: "This is a 35-year-old law that needs to be repealed. It's unjust. It shouldn't be on the books." Florida Surgeon General Dr. Joe Ladapo said: "The wise thing to do in that situation is to have caps in that situation. Frankly, it's insane to have a system with no caps on noneconomic damages." What Happens Next The legislature could override DeSantis' veto in the next week. Meanwhile, DeSantis signed new legislation on Wednesday that will impose tougher penalties on individuals who abandon pets during natural disasters.
Yahoo
3 days ago
- Health
- Yahoo
How a Florida court took unusual steps to limit abortion access for minors
TALLAHASSEE – A Florida appeals court took an unusual legal step when it earlier this month struck down as unconstitutional a law allowing minors to get abortions without parental consent. Florida youth have for decades been able to petition a judge for permission to have an abortion without their parents' knowledge. This May, a pregnant 17-year-old initiated one of those cases. When a lower court judge denied her the waiver for an abortion, she appealed. The Fifth District Court of Appeal took up the appeal. But instead of focusing solely on the teen's case, the court used it to weigh major constitutional questions — a move that one judge acknowledged is rare. The court's decision effectively stops most minors from being able to have abortions unless their parent gives consent, further restricting Florida's already limited pathways to abortion and setting up a possible question for the Florida Supreme Court. The move was celebrated by Florida Attorney General James Uthmeier and other conservatives. But abortion access advocates have decried it, saying the court went into the case with an outcome in mind and found its way to it. 'Judicial overreach doesn't even begin to describe it,' said Amy Myrick, senior counsel of U.S. litigation at the Center for Reproductive Rights. Before the appeals court judges got all the details about the teen's case, they drafted an order asking her lawyers to answer four legal questions. The questions had nothing to do with the minor's specific circumstances but were more broadly about the judicial waiver process itself, including whether the parents of minors got due process. Then, in a move that some observers said was unusual, the court invited Florida's Republican Attorney General James Uthmeier to weigh in on the legal questions the judges raised. Uthmeier joined the case as an opponent and argued that the judicial waiver process violates parents' rights. (Usually, in the judicial waiver process, the minor makes the petition and the judge decides if the girl is 'sufficiently mature' to decide whether to terminate her pregnancy. There are normally no other outside parties involved besides the minor's lawyers.) 'When you're reaching out to do a whole bunch of stuff you don't need to do to resolve a case, it's usually because you're trying to get a big legal conclusion about it,' said Mary Ziegler, a reproductive law expert at UC Davis School of Law. Mat Staver, the chairman of the conservative anti-abortion group Liberty Counsel, said it wasn't unusual for the courts to give notice to the attorney general when a constitutional provision is being questioned, and said it was 'very appropriate' for the appeals court to do so. Uthmeier last year, while he was still Gov. Ron DeSantis' chief of staff, was the chairperson of a political committee that opposed a proposed amendment to protect abortion rights in Florida. That amendment ultimately failed in November's election. Uthmeier has also pushed against the idea of minors getting abortions without parental consent. A few months before weighing in on the Florida case, Uthmeier filed a brief encouraging the U.S. Supreme Court to reevaluate what rights minors have and what rights their parents have when it comes to abortion, arguing that there was a common law tradition of parents having rights over their children. Florida's bypass process has been used less frequently after the six-week abortion ban went into effect last year. In 2024, courts saw 130 petitions filed across the state, most of which were granted. A judge on the Fifth District Court of Appeal acknowledged that the court's decision to weigh in on the constitutionality of the law, rather than resolve it more simply, was unusual. The court also said that it was possibly the 'first and only' time it would be able to address the question, 'which has thus far evaded review despite being posed in an untold number of prior cases.' In a concurring opinion in the recent Fifth District case, Judge John MacIver said the court thought it was appropriate to address the constitutional questions because parents whose kids have abortions without their knowledge would not be able to challenge the law themselves since, 'by design,' the law blocks those parents from being informed. The justices' actions were primed by a move last year by the First District Court of Appeal. That court said it couldn't review abortion waiver cases because there was no party opposing the minor. 'The only opportunity for a defense of those fundamental rights came about here because the Attorney General of Florida was invited to brief as amicus and instead sought intervention,' MacIver said. Of the three judges in the Fifth District who heard the case, two were appointed by DeSantis — MacIver and Jordan Pratt, who authored the decision and used to work at a conservative religious liberty law firm that has represented anti-abortion parties. Pratt this week was nominated by President Donald Trump to a federal judgeship. The third justice, Brian Lambert, was appointed by former Gov. Rick Scott. No judge dissented. After the court's ruling, there are limited circumstances where minors can still use the waiver process, such as if they are the victim of child abuse, said Elizabeth Ling, an attorney with the abortion access group If/When/How. 'For the vast majority of people who are under 18 in the state of Florida, the judicial bypass or the judicial waiver process is no longer an option,' Ling said. With the ruling in place, pregnant minors in Florida's foster system find themselves in uncharted territory. Florida law prohibits the Department of Children and Families from ever authorizing an abortion — meaning that foster kids have no other option but to use the judicial waiver process if they want to terminate their pregnancy. Ling said that because the ruling leaves the avenue only for victims of child abuse, it could create a split process for foster kids. Youth who are in the system because of abuse could access the waiver process, but foster youth who are in the system for other reasons may not be able to. Ling said research shows that young people largely involve a parent with news of their pregnancy, and said when people seek otherwise, they 'have thought very deeply and carefully' about it. She said young people are now 'being forced to choose between either having the abortion or their safety and their wellness.' The appeals court said it anticipated future Florida Supreme Court review of the question of whether the judicial waiver law complies with a parent's due process rights. If the Florida high court does hear the case, earlier precedent could mean it sides with people trying to dismantle the judicial waiver process. Last year, the Florida Supreme Court said the state constitution doesn't guarantee a right to an abortion. Ziegler said if the judicial waiver case does move to the Florida Supreme Court, it could be a way for anti-abortion advocates to argue about fetus' rights in their briefing in the hopes that justices would seize on it and include it in a ruling. If the court determines that fetuses have more rights, it could lead to further restrictions on abortion. 'They want to get on the Florida Supreme Court on personhood,' Ziegler said. Of the seven state Supreme Court justices, five have been appointed by DeSantis. Some have known anti-abortion views. Staver, the chairman of the conservative anti-abortion group Liberty Counsel, said the recent case striking down judicial waivers was 'perhaps the first step' in the direction of looking at a right to life for fetuses in the Florida Constitution — as well as affirming parental rights more broadly.
Yahoo
23-05-2025
- Politics
- Yahoo
Editorial: In Florida, denying access to abortion — again
Florida's harsh restrictions on abortion just took a turn for the worse. Last week, a state appeals court struck down a safety net created to protect pregnant teenagers who want an abortion — but are afraid or otherwise reluctant to seek their parents' consent. The decision was strange, from several perspectives. But the bottom line is this: Instead of simply upholding a trial court's ruling that denied the girl (identified as 'Jane Doe') an abortion, a three-judge panel of the Fifth District Court of Appeals brewed up a bizarre legal theory that the 14th Amendment to the U.S. Constitution guarantees parents the right to exercise 'care, custody and control' of their children. Oddly enough, those words — or any mention of parental rights — appear nowhere in the 14th Amendment, which is also known as the 'Due Process' amendment. This may seem like a lot of legal mumbo-jumbo, but it has serious implications: The appellate judges stripped away a major provision of Florida's parental consent law — one that many believe was essential to passing the law in the first place. Certainly, most underage girls should have the support and consent of their parents when contemplating such a drastic action. But the court ignored the grim reality that some teens have good reason to fear telling their parents they are pregnant and why. It could be incest, abuse or family alienation. For those girls, the law allows them to seek permission from a circuit judge to terminate a pregnancy without their parents' knowledge. It's not an easy case to make. Girls must prove that they are mature enough to make the decision, and explain why they don't want their parents notified. Last year, only 130 teens petitioned for abortion access. Courts granted 121 of those petitions — including some filed in the state's most conservative counties. Voters clearly understood the need for a safety valve when they approved an amendment that wrote the parental notification law into the state Constitution. This decision is a travesty. Parents now have more rights over a child's body in Florida than an adult woman has over her own body. The judges rationalized that any special consideration for minors ended when the U.S. Supreme Court repealed Roe v. Wade and the Florida Supreme Court followed suit. It's doubtful that Florida's high court, stacked with anti-abortion justices, would overturn this terrible decision. But an appeal could go up to the U.S. Supreme Court, because the decision invoked the U.S. Constitution. We hope the justices there have more respect for Florida's law than the state officials who are sworn to uphold it. And that leads to the last disturbing wrinkle in this case — the role played by James Uthmeier, recently appointed by Gov. Ron DeSantis as the replacement for former Attorney General Ashley Moody. Under Florida law, Uthmeier is charged with defending state statutes and its constitution. Why, then, was he arguing for the judicial workaround to be declared unconstitutional — despite the fact that it was literally enshrined in the Florida Constitution? He has not responded to the Sun Sentinel as to why. The legal briefs and other documents in the case are sealed unless a judge releases them. Floridians also lack a good explanation for an earlier appellate-court ruling, this one heard by the First District Court of Appeal, that appears to lay the groundwork for the decision released last week. The First District panel inventively said it could not accept jurisdiction of that teen's appeal because the law provided no opportunity for anyone to argue against her. Judge Bradford Thomas wrote that if the court had jurisdiction, it should nullify the judicial bypass law. It was a cue to other courts, DeSantis and the attorney general. The Fifth District seized on it, and set a course of jaw-dropping judicial activism. The attorneys for 'Jane Doe' should appeal last week's decision, though any further rulings will probably be too late for the teen in question. But it could mean the world for desperate girls who need protection — protection that the state Legislature and the voters of Florida have guaranteed them, and that should not be casually tossed away. The Orlando Sentinel Editorial Board includes Executive Editor Roger Simmons, Opinion Editor Krys Fluker and Viewpoints Editor Jay Reddick. The Sun Sentinel Editorial Board consists of Executive Editor Gretchen Day-Bryant, Editorial Page Editor Steve Bousquet, Deputy Editorial Page Editor Dan Sweeney and editorial writers Pat Beall and Martin Dyckman. Send letters to insight@
Yahoo
18-05-2025
- Politics
- Yahoo
Florida Circuit Judge to resign after probe
After a disciplinary panel last month recommended she be removed from the bench, Hillsborough County Circuit Judge Nancy Jacobs will resign May 31, according to documents released Friday by the Florida Supreme Court. Jacobs submitted her resignation to Gov. Ron DeSantis after a lengthy, contentious probe into issues such as her conduct during a 2022 election campaign. A hearing panel of the Florida Judicial Qualifications Commission on April 30 issued a recommendation that said it concluded 'removal is the only appropriate discipline warranted by the circumstances.' The commission investigates judicial conduct and makes recommendations to the Supreme Court, which has ultimate disciplinary authority. The probe, in part, involved what the hearing panel described as 'a series of inappropriate and/or disparaging remarks' made about Jacobs' 2022 election opponent, then-Circuit Judge Jared Smith. Jacobs defeated Smith, who was then appointed by Gov. Ron DeSantis to the 6th District Court of Appeal. Jacobs battled the allegations of improper conduct, including pointing to First Amendment rights. Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.
