Blockbuster Ruling Soon to Be Released

Mar 29, 2024

The Florida Supreme Court will soon release its ruling regarding whether a deceptive Planned Parenthood-backed abortion ballot initiative can be placed on the November ballot.

The abortion giant is trying to contravene standing Florida and federal law, removing any and all restrictions against abortion, making even partial birth abortions legal in the Sunshine State. The implications of this ruling that I argued earlier this year are huge.

Read on to learn how the Florida Supreme Court ruled and why Liberty Counsel is fast becoming Planned Parenthood’s worst nightmare. — Mat

Last month, I presented a crucial argument at the Florida Supreme Court regarding a deceptive constitutional amendment that would allow abortion on demand for any reason, at any time, up to birth.

Right after my argument, we filed some supplemental authorities with the Court that provide an amazing overview of the law that affirms legal rights for the “unborn child” or “unborn person.”

During the oral argument, Chief Justice Carlos G. Muñiz asked the solicitor for the Florida Attorney General whether the Ballot Summary should apprise voters that the Proposed Amendment may impact Art. I, §2 of the Florida Constitution respecting an unborn child that says “natural persons” have the right to life.

Article I, §2 of the Florida Constitution clearly states: “All natural persons ... have inalienable rights, among which are the right to enjoy and defend life ... ”
 
Furthermore, Article I, §9 on due process specifies: “No person shall be deprived of life, liberty or property without due process of law.”
 
Great question! But the attorney for the Florida Attorney General’s office said he didn’t have a position, and he had “never thought of it.” Oh my!

During my argument, I agreed with the point made by the Chief Justice, and then we filed proof that made Planned Parenthood squirm.

Florida, like most states, has many laws that protect unborn children as “persons,” who are thereby afforded legal protections.

Criminal Statutes

  1. “Whoever commits ... a criminal offense ... and thereby causes the death of, or bodily injury to, an unborn child commits a separate offense ... ” (Fla. Stat. §775.021(5)).

  2. “Vehicular homicide” is “the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner... ” (Fla. Stat. §782.071).

  3. “The unlawful killing of an unborn child, by any injury to the mother of such child which would be murder if it resulted in the death of such mother, shall be deemed murder in the same degree as that which would have been committed against the mother” (Fla. Stat. §782.09(1)).

  4. “The unlawful killing of an unborn child by any injury to the mother of such child which would be manslaughter if it resulted in the death of such mother shall be deemed manslaughter. A person who unlawfully kills an unborn child by any injury to the mother which would be manslaughter if it resulted in the mother's death commits manslaughter, a felony of the second degree” (Fla. Stat. §782.09(2)).

  5. “The death of the mother resulting from the same act or criminal episode that caused the death of the unborn child does not bar prosecution under this section” (Fla. Stat. §782.09(3)).

  6. “The clear and unambiguous language of the feticide statute provides that the killing of an unborn quick child may constitute murder.” Wyche v. State, 232 So.3d 1117, 1120 (Fla. 1st DCA 2017).

  7. “Driving Under the Influence Manslaughter does not require the State to prove that the defendant knew or should have known that (victim) was pregnant or that the defendant intended to cause the death of the unborn child.” In Re: Standard Jury Instructions in Criminal Cases—Report No. 2016-08, 211 So.3d 995, 998 (Fla. 2017).

B. Florida Trust and Estate Law also protects the unborn.

  1. “Unless otherwise represented, [an] unborn individual ... may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute ... ” (Fla. Stat. §736.0304).

  2. “If the court determines that representation of the interest would otherwise be inadequate, the court may, at any time, appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person ... ” (Fla. Stat. §731.303(4)).

C. Florida Guardianship Law also specifically protects unborn children (Fla. Stat. §744.3725).

D. Florida Habeus Corpus and Incarceration Law protects the health and welfare of unborn children whose mothers are incarcerated, requiring jails and prisons to provide health and care to the unborn child (Fla. Stat. Ann. §951.175(4)).

E. Florida Tort Law also protects the unborn, requiring auto insurers to pay damages, including wrongful death damages, to the unborn.

Planned Parenthood cannot get around these laws that have already determined an unborn child to be a person. And because Florida law already recognizes the personhood of a child, Planned Parenthood’s ballot initiative would ROB the unborn of their right to LIFE.

It was this precise question that concerned Chief Justice Muñiz. Had Liberty Counsel not been present to make these arguments, this critical question would have gone unanswered.

But praise God and thanks to YOUR support, Liberty Counsel WAS there ... and as a result, I believe the Florida Supreme Court will rule in our favor!

Planned Parenthood’s “abortion free for all” ballot initiative MUST NOT appear on Florida’s general election ballot this November. As soon as the Court releases it opinion, I will let you know. The decision must be rendered by midnight, APRIL 1.

With YOUR HELP, Liberty Counsel is fast becoming Planned Parenthood’s worst nightmare. But our work defending the unborn is far from over. The abortion industry continues to try to force its blood-soaked cash-generating enterprise on people around the nation.

YOU can help Liberty Counsel DEFEND LIFE by supporting our legal fund today. When you do, a special Challenge Grant will DOUBLE the impact of your gift.

“With him is an arm of flesh, but with us is the LORD our God, to help us and to fight our battles” (2 Chronicles 32:8).

Mat Staver
Founder and Chairman
Liberty Counsel

 

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In Washington, D.C., the U.S. Congress needs to hear from you regarding HR 15 — a bill that would federally overturn the 2003 partial birth abortion ban and enshrine abortion up until birth as a federally protected “right.” Fax Congress NOW to protect Americans from HR 15, the misnamed “Equality Act,” and don’t forget to sign the petition!
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