Florida Abortion Access Hangs in the Balance as State Supreme Court Considers 15-Week Ban Challenge
The future of abortion access in Florida will be decided this Friday as the state’s highest court takes on a challenge to its 15-week abortion ban.
A group of abortion providers filed a lawsuit against the law shortly after it was passed in 2022, arguing that it violates the state’s constitutional right to privacy, which the Florida Supreme Court recognized in 1989 as a fundamental right to abortion.
The state, however, contends that the decades-old ruling was incorrect and is relying on a more conservative court to agree. Five of the seven justices on the current court were appointed by Governor Ron DeSantis (R), who is also a candidate for president.
In a court filing, the state argues that the right to privacy “has nothing to do with abortion” and does not extend to a person’s “decisional autonomy.”
According to Attorney General Ashley Moody’s (R) office, the law actually protects “informational privacy, such as the disclosure of private facts.”
The outcome of this case is not just crucial for the future of abortion in Florida; it could also have implications for the entire South.
If the justices uphold the existing law and declare that there is no right to abortion, it would trigger an even stricter law banning abortions after six weeks.
Alternatively, the court could uphold the 15-week ban without altering its interpretation of Florida’s constitution.
The six-week ban was signed into law by Governor DeSantis in April and would go into effect 30 days after the Supreme Court’s decision. If that happens, Virginia would be the only state in the South that allows abortions beyond the first trimester.
Alabama, Louisiana, Mississippi, Tennessee, and Kentucky have all banned abortion with limited exceptions at all stages of pregnancy. Georgia and South Carolina prohibit abortion after a fetal “heartbeat” is detected, usually around six weeks. North Carolina bans abortion at 12 weeks and later.
Although DeSantis has not made abortion a focal point of his campaign, he has defended the state’s law and avoided questions about implementing a national six-week ban.
Abortion rights activists are cautiously hoping for a favorable ruling from the conservative court, but they are not optimistic.
“Essentially, we are in a situation where the governor and elected officials prioritize politics over the health and safety of pregnant individuals,” said Kara Gross, legislative director and senior policy counsel of the ACLU of Florida, which is representing the abortion clinics.
“Decades of Florida state precedents have consistently held that the government should not interfere in personal private medical decisions, including decisions about whether and when to have a child. We hope that the Supreme Court will uphold the will of the people,” Gross added.
While many abortions occur within the 15-week timeframe, abortion providers are experiencing increased demand, resulting in longer wait times for patients trying to schedule appointments.
Florida law requires individuals seeking an abortion to have two in-person doctor visits and undergo a 24-hour waiting period.
“Clinics are preparing for the possibility of a six-week ban,” said Laura Goodhue, executive director of the Florida Alliance of Planned Parenthood Affiliates.
“People in Florida who become pregnant would have to discover their pregnancy before six weeks, find a doctor (if available), and terminate the pregnancy before most even realize they’re pregnant. It’s an awful way to provide healthcare,” Goodhue stated.
In 1980, Florida voters added a right to privacy to the state constitution. The language is expansive, stating that individuals have the right to be free from government intrusion in their private lives.
In its court filing, the state argues that voters never intended for the amendment to apply to abortion. They understood it as protection for “informational privacy” rather than the right to make decisions like abortion.
If the court rules against the right to abortion, advocates have indicated that they will focus on a ballot measure effort. If successful, this measure would overturn both the six-week and 15-week bans.
“We will ramp up our campaign to put it on the ballot. If it makes it to the November 2023 ballot, it will pass,” said Cecilia Grande, a Miami-based OB-GYN who serves on the national Committee to Protect Health Care’s Reproductive Freedom Taskforce.
Supporters have already gathered approximately 300,000 verified signatures, which is sufficient to trigger a review by the state supreme court.
To get the measure on the ballot, proponents need to collect about 900,000 signatures, and it would require at least 60 percent approval to pass.
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