🧵PART 7 on the Supreme Court of Fla.'s decision in Planned Parenthood v. State, where it receded from its holdings that our state constitution's right of privacy included abortion.
The final thread, on the privacy clause’s post-approval history, with an overall conclusion.
7) POST-APPROVAL HISTORY:
The privacy clause has a constitutionally significant post-1980 history.
The court dismisses it in a footnote: [2/22]
Apr 21 • 25 tweets • 11 min read
🧵PART 6 on the Supreme Court of Fla.'s decision in Planned Parenthood v. State, where it receded from its holdings that our state constitution's right of privacy included abortion.
We'll talk about the court's account of the history of the successful 1980 proposal.
6) THE 1980 PROPOSAL:
Spanning 8.5 pages across sections V(C) and (D) of the opinion, this is the most complete discussion of any one element of the court’s originalist analysis.
Yet, it’s still inadequate and unpersuasive. 2/24
Apr 19 • 21 tweets • 7 min read
🧵PART 5 on the Supreme Court of Fla.'s decision in Planned Parenthood v. State, where it receded from holdings that our state constitution's right of privacy included abortion.
Up now: the 1978 proposal that failed.
5) THE 1978 PROPOSAL:
In a little over three pages, here’s what the court says about the 1978 Const’l Revision Commission’s proposal. It makes a narrow claim—nothing about abortion!—which is true. But the narrowness of the claim leads to an incomplete and misleading survey. 2/20
Apr 15 • 10 tweets • 2 min read
🧵PART 4 on the Supreme Court of Florida's decision in Planned Parenthood v. State, where the court receded from its holdings that our state constitution's explicit right of privacy included the right to an abortion.
Here we’ll take a break and look at the big picture.
At the end of its analysis on the privacy clause’s original public meaning, the court concludes: [2/9]
Apr 12 • 19 tweets • 8 min read
🧵PART 3 on the Supreme Court of Fla.'s decision in Planned Parenthood v. State, where it receded from holdings that our state constitution's right of privacy included abortion.
We'll talk about the court's discussion of Roe v. Wade, one of the weakest sections in the opinion.
Part 1 of the thread:
🧵PART 2 of my thread on the Supreme Court of Fla.'s decision in Planned Parenthood v. State, where it receded from precedent holding that our state constitution's right of privacy included abortion.
We'll talk about the court's inaccurate account of preexisting Fla. case law.
Part 1 reviewing the court's analysis of the text of Florida's privacy clause is here. 2/21
🧵PART 1 of my thoughts on the Supreme Court of Florida's decision in Planned Parenthood v. State, where the court receded from decades of precedent holding that our state constitution's explicit right of privacy included the right to an abortion. 1/25acis-api.flcourts.gov/courts/68f021c…
The core of the court's decision is that, when Florida's voters adopted the privacy clause in 1980, they would not have understood it to encompass abortion.
This is not a defensible application of originalism. 2/25
Feb 12 • 38 tweets • 11 min read
LONG 🧵: In the oral argument in the abortion rights initiative case in the Florida Supreme Court, Chief Justice Muñiz made viral comments invoking “fetal personhood.” Some thought this a suggestion that FP could keep the proposed const'l amendment, Amendment 4, from the ballot.
Here is what he said:
