Florida Supreme Court affirms state law limiting abortion to 15 weeks

The Florida Supreme Court recently made decisions that could significantly impact abortion rights in the state. The court upheld a ban on most abortions after 15 weeks of pregnancy, and cleared the way for a six-week abortion ban to take effect. However, they also allowed a ballot measure to go to voters that would enshrine abortion rights in Florida’s constitution, providing an opportunity for voters to remove restrictions in November. These decisions could influence the upcoming presidential race and congressional contests by motivating abortion-rights supporters to vote.

The 15-week ban, signed by Governor Ron DeSantis in 2022, has been enforced while being challenged in court. The six-week ban, passed by the Legislature last year, was written to take effect after the 15-week ban was upheld. Planned Parenthood, the ACLU, and others challenging the law argued that the Florida Constitution’s privacy clause has protected the right to abortion for over 40 years. However, the state’s lawyers argued that the clause was intended for informational privacy, not abortion, and the justices agreed that voters did not understand it would affect abortion laws when it was adopted in 1980.

Governor DeSantis appointed five of the seven justices on the Florida Supreme Court, and Republican House Speaker Paul Renner supported the six-week ban as a compromise that includes exceptions for cases involving rape, incest, fetal abnormalities, and to save a mother’s life. Abortion rights proponents were disappointed by the ruling, with Democratic Rep. Anna Eskamani expressing concern about personal freedoms in the state. The Florida Access Network plans to assist women with travel expenses to seek abortion care outside of the state, as many may be unable to afford to travel for care.

The proposed constitutional amendment that will be on the November ballot seeks to prevent laws from prohibiting, penalizing, delaying, or restricting abortion before viability or when necessary to protect the patient’s health, as determined by their healthcare provider. Most Republican-controlled states have adopted bans or restrictions on abortions following the US Supreme Court’s Dobbs decision. A survey found that Florida had a significant increase in the total number of abortions since the Dobbs decision, with over 7,700 women from other states receiving abortions in Florida in 2023. Fourteen states now have bans on abortion at all stages of pregnancy, with limited exceptions, while others restrict it once cardiac activity can be detected.

Overall, the Florida Supreme Court’s decisions regarding abortion bans and the upcoming ballot measure have the potential to significantly impact abortion rights in the state. With the six-week ban likely to take effect and the possibility of enshrining abortion rights in the state constitution, the debate over reproductive rights will continue to be a key issue for voters in the upcoming elections. The rulings have sparked both disappointment and concern among abortion rights supporters, who may need to seek care outside of the state due to the restrictions. The outcome of the November ballot measure will determine the future of abortion rights in Florida and may have broader implications for other states facing similar challenges.