“Confirmed Judges, Confirmed Fears” is a blog series documenting the harmful impact of President Trump’s judges on Americans’ rights and liberties. It includes judges nominated in both his first and second terms.
What’s at stake in this case?
Abortion protesters challenged a city’s buffer zone protecting access to an abortion clinic
What happened in this case?
Clearwater, Florida experienced problems with abortion protesters getting within “close proximity” of cars and people trying to enter a local abortion clinic, seeking to impede access and to “frighten and intimidate” people seeking to enter. The city passed an ordinance that set up a five-foot buffer zone on either side of the clinic’s driveway.
Florida Preborn Rescue, an anti-abortion group, filed a federal lawsuit claiming that the ordinance violated the First Amendment and other law. They sought a preliminary injunction against the ordinance, which was denied by the federal district court. The protesters appealed to the Eleventh Circuit. Trump judges Kevin Newsom and Britt Grant, along with Biden appointee Nancy Abudu, heard the case.
How did Trump judges Newsom and Grant decide?
Judge Newsom wrote a 2-1 decision, joined by Judge Grant and to which Judge Abudu dissented, that reversed the ruling below and directed that the lower court issue an injunction against the buffer zone ordinance. They claimed that the ordinance was not “narrowly tailored” because it burdens substantially more speech than necessary to promote the city’s interest in vehicular safety. The decision was in early December 2025 in Florida Preborn Rescue Inc v Clearwater.
What did Judge Abudu say in dissent?
Judge Abudu strongly dissented. Based on precedent and the record in the case, she explained, it was clear that the protesters were not burdened. Indeed, she noted, “it is difficult to even visualize” how a five foot buffer zone “seriously burdens” the protesters. She concluded that the injunction that Preborn sought, on the other hand, would harm the city and those seeking access to the clinic.
Why is the result of this case harmful?
The ruling by Trump judges Newsom and Grant clearly harms the city as well as those seeking peaceful access to the abortion clinic. It sets a bad precedent to others seeking to protect access to reproductive rights in the Eleventh Circuit, including in Florida, Georgia amd Alabama. In addition, the decision illustrates the importance of our federal courts to health, welfare and justice and the significance of having fair-minded judges on the federal bench.