Most maps of the state of abortion law in the US usually show Florida as a state where abortion will still be legal after the US Supreme Court overturns Roe v. Wade. That’s because Florida State Supreme Court precedent holds that abortion is a right protected under the Florida Constitution.
Indeed, the Florida Constitution, unlike the US federal Constitution, explicitly protects an individual’s right to privacy (against the state, not against private parties, alas).
As recently as February 2017, a majority of Florida Supreme Court justices supported abortion. The court struck down a law that required a woman seeking an abortion to wait at least 24 hours between meeting with a doctor and obtaining the procedure.
Justice Barbara Pariente quoted her late colleague Justice Shaw’s statement from In re: TW that the state privacy provision “is clearly implicated in a woman’s decision of whether or not to continue her pregnancy.”
But don’t let that fool you. In contemporary Florida, your rights don’t mean much.
Not only is the hard-right, DeSantis-appointed, conservative majority on the Florida Supreme Court ready willing and able to cast precedent to the wind when they feel like it, but according to the usually reliable Florida Bulldog, the Justices have already started drafting memos on how to overrule the state abortion-rights decision even though there is currently no such case before the court.
10. They refuse to answer the four questions without a subpoena.
9. They demand a recount of the ten plagues.
8. They defend not increasing the minimum wage on the grounds that according to Chad Gadya it still costs only two zuzzimto buy a goat.
7. The afikomen is hidden in the Caymen Islands.
6. They refuse to open the door for Elijah until they see his immigration papers.
5. They attack Moses for negotiating a deal with Pharoah because why would we negotiate with our enemies?
4. They don’t understand why the Egyptians didn’t cure the plagues with hydroxychloroquine.
3. They omit the parts about slavery from the Haggadah because it reminds them of Critical Race Theory.
2. They keep saying “when do we get to the miracle of the Jewish space lasers?”
And the number one sign that you might be at a Republican seder:
1. They end the seder by singing “Next year in Mar-a-Lago.”
Stolen from Digby, which itself offers an appropriately tangled pedigree.
Update:Steve Sheffey wrote me to claim authorship, and to say he has a newsletter.
I’m fine with making Juneteenth a federal holiday, I just hope it won’t become an excuse for not making Election Day a federal holiday. I can just imagine the arguments: We just made another holiday, that’s enough for new holidays for the nexty 20 years, they cost too much money, etc. etc.
And I think making it easier for people to vote is forward-looking in an important way; yes, the right commemoration can be both forward- and backward-looking, but I still think an election day holiday is more important.
The 11th Circuit ruled on Friday that law, and critical annotations to it, cannot be copyrighted. This bit is particularly good:
The general rule that legislative codifications are uncopyrightable derives from an understanding of the nature of law and the basic idea that the People, as the reservoir of all sovereignty, are the source of our law. For purposes of the Copyright Act, this means that the People are the constructive authors of those official legal promulgations of government that represent an exercise of sovereign authority. And because they are the authors, the People are the owners of these works, meaning that the works are intrinsically public domain material and, therefore, uncopyrightable.
The Electronic Frontier Foundation, of which I’m an Advisory Board member, represented Public.Resource.Org and continues to represent them in their ongoing struggle to open access to privately drafted standards incorporated by reference in statutes and regulations.