Florida is taking its cues from Dobbs and playing games with the Constitution.
When asked late last month if the bill is unconstitutional, Rep. Baker responded that “fifteen years of wrongly decided caselaw is not persuasive” to her. She previously argued thatis ripe for reconsideration because the majority’s decision was not “based on any law” and did not point to any statute or constitutional provision for its basis but was, instead, based on the majority’s “independent judgment.” That statement is far from accurate.
Of course, there’s a good reason state legislators now think they can pass laws ignoring long-standing Supreme Court precedent and rely on the court’s recently changed supermajority to demolish long-standing precedent. Indeed, that is exactly what happened in 2021 with the Texas abortion bounty bill, S.B.
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