Case: Planned Parenthood of Southwest & Central Florida v. Florida

2022 CA 000912 | Florida state trial court

Filed Date: June 1, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 1, 2022, Planned Parenthood, the Center for Reproductive Rights, the ACLU, and a private law firm filed a lawsuit on behalf of several Florida healthcare providers challenging Sections 3 and 4 of House Bill 5 (HB 5) and asserting that it violated the fundamental privacy rights guaranteed by the Florida Constitution. HB 5, scheduled to go into effect on July 1, 2022, would ban abortion after fifteen weeks of pregnancy as dated from the first day of a woman’s last menstrual period. Any he…

On June 1, 2022, Planned Parenthood, the Center for Reproductive Rights, the ACLU, and a private law firm filed a lawsuit on behalf of several Florida healthcare providers challenging Sections 3 and 4 of House Bill 5 (HB 5) and asserting that it violated the fundamental privacy rights guaranteed by the Florida Constitution. HB 5, scheduled to go into effect on July 1, 2022, would ban abortion after fifteen weeks of pregnancy as dated from the first day of a woman’s last menstrual period. Any healthcare worker providing abortion care after fifteen weeks would be subject to felony criminal penalties, as well as adverse licensing and disciplinary action. Plaintiffs sought (1) a declaratory judgment that Sections 3 and 4 of HB 5 violated the rights of Plaintiffs, their patients, and Floridians, as protected by the Florida Constitution, and are therefore void, (2) a preliminary and permanent injunction prohibiting the enforcement, operation, and execution of Section 4 of HB 5 and the related definitions in Section 3(6) and 3(7) of HB 5, (3) an order requiring expungement of the unconstitutional language from the official records of the State, and (4) costs and attorneys’ fees. This case was filed in the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida and was assigned to Judge John C. Cooper.

HB 5 went into effect on July 1, 2022, and in the week after, the Court granted a temporary injunction on July 5, 2022, prohibiting the enforcement and threat of enforcement of Section 4 of HB 5 and the related definitions in Section 3(6) and 3(7) of HB 5. Defendants were also enjoined from filing or pursuing any future suit or prosecution that sought to enforce HB 5 against conduct that takes place during the length of the injunction.

However, hours later, the Attorney General of Florida filed an appeal challenging the temporary injunction in the First District Court of Appeal, which automatically stayed the trial court’s injunction and reinstated HB 5. The trial court then denied a motion to vacate the automatic stay of the temporary injunction on July 12, 2022. Planned Parenthood subsequently filed an emergency motion with the appellate court to vacate the automatic stay of the preliminary injunction. On July 21, 2022, the appellate court denied that motion, concluding that plaintiffs had not proven that there would be irreparable harm if the fifteen-week ban were in effect. 

On August 10, 2022, plaintiffs asked the Florida Supreme Court to invoke its discretionary jurisdiction and review the July 21 opinion. Plaintiffs argued the decision was within the Supreme Court’s jurisdiction because it expressly and directly conflicted with a decision of the Supreme Court on the same question of law. On January 23, 2023, the Supreme Court accepted jurisdiction and set a briefing schedule.

As of April 16, 2023, briefing at the Florida Supreme Court was in progress and the case is ongoing. 

Summary Authors

Kathleen Lok (10/19/2022)

Michelle Wolk (4/16/2023)

Nina Leeds (4/5/2024)

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People


Attorney for Plaintiff

Dalven, Jennifer (New York)

Katz, Autumn C. (New York)

Expert/Monitor/Master/Other

Johnson, Tassity S.

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Documents in the Clearinghouse

Document

2022 CA 000912

2022 CA 000912

Aug. 25, 2022

Aug. 25, 2022

Docket

2022 CA 000912

Complaint

June 1, 2022

June 1, 2022

Complaint

2022 CA 000912

Order Granting Plaintiffs' Motion for an Emergency Temporary Injunction and/or a Temporary Injunction, Entering a Temporary Injunction and Setting Bond

July 5, 2022

July 5, 2022

Order/Opinion

2022 CA 000912

Order Denying Plaintiffs' Emergency Motion to Vacate Automatic Stay of Temporary Injunction

July 12, 2022

July 12, 2022

Order/Opinion

1D22-2034

Order Denying Motion to Vacate Automatic Stay and Rejecting Suggestion for Certification

Florida state appellate court

July 21, 2022

July 21, 2022

Order/Opinion

342 So.3d 342

SC22-1050

Opinion

Florida state supreme court

April 1, 2024

April 1, 2024

Order/Opinion

2024 WL 2024

Resources

Docket

Last updated Aug. 30, 2023, 1:33 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Florida

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: June 1, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several non-profit service organizations who provide reproductive health and family planning services.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Center for Reproductive Rights

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida, State

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2022 - 2022

Issues

Reproductive rights:

Abortion

Criminalization

Reproductive health care (including birth control, abortion, and others)

Time-based abortion prohibition