Florida, like many other red states prepared its laws to deal with a post –Roe World. Those laws are being put to the test now, in this case of a 10-weeks pregnant 16-year old ward of the state seeking an abortion.
From NBC News:
A pregnant and parentless 16-year-old in Florida may be forced to give birth after an appeals court ruled she was not “sufficiently mature to decide whether to terminate her pregnancy.”
The teenager, who is identified in court papers as Jane Doe 22-B, was appealing a decision by Circuit Judge Jennifer Frydrychowicz on Aug. 10 that blocked her from having an abortion without the consent of a parent or guardian, as required by Florida law.
At the time, the teenager was 10 weeks pregnant, the court papers state.
But, the 3 judges of Florida’s 1st District Court of Appeal (which covers northern Florida) sided with Frydrychowicz Monday.
The teenager had not shown by convincing evidence she was mature enough to make a decision about whether or not to end her pregnancy, the ruling made by Judges Harvey Jay and Rachel Nordby. We have reviewed all the evidence and affirm the court’s decision in accordance with the deferential standard for appellate review (in the consent code ).”
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There is a lot of crying and grinning going on between the death traders, their allies and the stupid people who don’t understand the rights of the states, particularly because they aren’t upholding your right to have your baby killed at any time for any reason.
In the United States, you’re not mature enough to decide to have an abortion at 16, but you can have a gun. We want the judge to spit on his own face. We have the silly marchers, so there is no need to create a ministry for silly walks. https://t.co/L7og1Ag24X
— Boulic (@Kaboukii) August 17, 2022
Newsflash – The Dobbs Supreme Court ruling that overturned Roe took the decisionmaking regarding abortion from the federal government and put it back in the hands of the states. The United States does not have anything to do with this, however, Florida definitely has.
Florida voters approved a constitutional amendment in 2004 that cleared the way for the state Legislature to pass a law requiring that parents or guardians be notified before minors have abortions.
Because some minors could be subject to abuse if they found out that their parents are pregnant, Florida legislators also provided a legal procedure to allow them to bypass the laws.
Then in June of 2020, Gov. Ron DeSantis, who is also a Republican, signed SB 404, legislation which requires written consent from a minor’s parent or legal guardian for an abortion.
According to this same NBC News article, Jane Doe 22-B is a ward of the state, who had been appointed a legal guardian.
According to Judge Scott Makar, the “guardian” is happy with whatever she wants.
Why doesn’t Jane Doe -B just send a confirmation letter? According to Florida law, that’s all that would be required for Jane Doe 22-B to obtain the abortion she purportedly wants.
Judge Scott Makar is the only judge who was not on the panel of judges of First District Court of Appeals. He’s also very curious.
Scott Makar, states. We have reviewed all the records and affirm the decision of the trial court under the deferential standard for appellate review (in the consent code ).”
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Dissenting from the other judges, however, Makar wrote that the appeals court should send the case back to Frydrychowicz for the possibility of further consideration.
” The trial judge seems to view this case as very close, concluding that the minor was “credible”, ‘open with the judge and nonevasive.” Makar said. “The trial judge must have been contemplating that the minor — who was 10 weeks pregnant at the time — would potentially be returning before long — given the statutory time constraints at play — to shore up any lingering doubt the trial court harbored.”
Makar stated that she is not a parent, lives with a relative and has a guardian. She was also savvy enough to do Google searches “to gain an understanding about her medical options and their consequences.”
So once again, why doesn’t the relative or the appointed guardian sign a letter stating they are giving Jane Doe 22-B permission to obtain the abortion? Is this why no one from the legacy media is asking the question?
The Miami Herald gives a bit more information, but is also as clueless as NBC News on Jane Doe 22-B’s state of mind, and what factors may have caused her to seek the reversal of Judge Frydrychowicz’s decision:
Because the records of Jane’s case appear to be sealed, little is known about the girl, who is just shy of her 17th birthday. According to the appeals court, Jane is “pursuing a GED and participating in a program designed for young women who’ve experienced trauma in life by providing education support, counseling, and counselling.”
This reveals a much more complex web of issues than the information presented in legacy media. Truth be told, no one knows the ins, outs, and reasoning behind the decision except for Jane Doe 22-B and Judge Jennifer Frydrychowicz.
When reading the First District Court panel decision it is clear that any decision to overturn a judicial order must be made on the basis of Judge Frydrychowicz abusing her discretionary powers and not any evidence.
The trial court determined, based upon the nonadversarial evidence below, that Appellant hadn’t established by clear, convincing evidence that her maturity was sufficient to make a decision about whether or not to end her pregnancy. After reviewing the records, we confirm the decision of the trial court under the deferential standard for appellate review as set forth in the statute. SS 390. 01114(6)(b)2., Fla. Stat. (2022) (“The reason for overturning a ruling on appeal must be based on abuse of discretion by the court and may not be based on the weight of the evidence presented to the circuit court since the proceeding is a nonadversarial proceeding.”).
The entire panel sided with Frydrychowicz’s original decision. The panel can request remand to the trial court in order for additional guidance or boundaries. The panel judge stated clearly:
We note that section 390. 01114 allows for a remand to the trial court with instructions for a further ruling, but no such remand is warranted here. See Id.
Judge Makar submitted a partial dissension, asking that the remand request be taken into account.
In an additional opinion, Judge Scott Makar stated that “reading between these lines, it seems that the trial court wanted the minor who was under extra stress because of a friend’s passing, additional time to express her keener understanding about the consequences of terminating her pregnancy, but she later changed her mind after considering the inability of her present situation to care for a baby.”
First, Jane Doe 22-B indicated to Frydrychowicz that she was open to having the child; somewhere in this process (unclear of when) she changed her mind. It could be taken as an indication that she is not mature enough to handle the possible consequences of having her pregnancy terminated. Makar was not so sure.
Makar noted also that the teenager stated in her petition (which she “completed by hand”), “she’s not ready to have children, doesn’t have work, isn’t in school and her father is unable .”
to help her.
Remember that 10-year old Ohio rape victim who was taken across state lines to Indiana in order to have an abortion? This was a case where activists and death merchants wanted to make this a symbol of how terrible it was that Roe was. Also, how right-leaning anti-abortionists want to oppress and burden women.
After proper investigation and questioning by our sister site PJ Media and others, it was discovered that the rapist of the 10-year-old was the mother’s 27-year-old illegal alien boyfriend, and the facts of the case did not line up with the legacy media outcry or the Indiana abortion doctor’s report. Although there was clearly lawbreaking, it was mostly committed by the mother and abortion doctor. However, the case did not have anything to do with the girl’s inability in Ohio to obtain an abortion.
What happened to this little girl? Was her mother ever found? Was it the rapper? The Left, and its complicit media allies are quick to forget when the story doesn’t fit the agenda.
Looking under the hood of the case of Jane Doe 22-B, it appears there is more than the Left wants to be exposed. From my perspective, it’s a back-door attempt to use this case to erode SB 404 and the Florida Constitutional amendment protecting parental rights and consent, as well as upholding life.
Of course it is Ron DeSantis fault.
“Thanks for Ron DeSantis Florida is now forcing teenagers to have children against their will,” Travis Reuther, a spokesperson for the Florida Democratic Party said in a statement. The Governor claims to be the free state of Florida but is determined to take women’s healthcare decisions .”
. This is an unacceptable and dangerous act.
Florida law, Travis. If you are a lawmaker and don’t love it, work to make it better.
NBC News reached out to DeSantis in order for a reply.
Florida’s abortion rights were threatened even before Roe v. Wade was overturned by the Supreme Court. In April, DeSantis signed into law a measure banning abortions after 15 weeks of pregnancy, a measure that is being challenged in court.
So, it sounds like the clock is still ticking for Jane Doe 22-B, particularly since the last court challenge to Florida’s 15-week abortion ban was denied, and is in place while it winds up to the Florida Supreme Court.
The law, passed by the Florida Legislature and signed by Gov. Ron DeSantis in April, banned most abortions after the 15th week of pregnancy. Pregnant women can still get an abortion if their health is threatened or if their baby has a “fatal fetal abnormality.” A pregnant woman is also required to wait 24 hours after a doctor’s visit to get an abortion.
Both pro-life activists and supporters are closely watching this case.
It always amazes me that the same people crying that guns should not be in the hands of anyone younger than 21 years of age are also demanding that 16 year olds have the right to abortion, and three year olds are mature enough to choose their gender and should have access to puberty blockers without parental consent.
It is this schizophrenic reasoning (or lack thereof) that compounds the already difficult circumstances of Jane Doe 22-B.
Them: 18 year olds are not mature enough to own a gun
Also, my sons told me that they would like to become fairy princesses when they grow up. Let’s get this surgery scheduled!
— Secular Conservative (@SecularConserv1) August 14, 2022
