Florida Supreme Court Rules on Abortion Ban
High Court Decision Allows Strict Abortion Ban, but Amendment Offers Hope
Florida’s conservative Supreme Court ruled Monday that the state’s constitution does not protect abortion rights, paving the way for one of the country’s strictest abortion bans to take effect in 30 days.
However, in a separate decision, the high court also ruled that an amendment to enshrine abortion rights in the state’s constitution can proceed to the November ballot, potentially overturning the new strict abortion ban within a few months.
Narrowing the Scope of Constitutional Protection
The court’s ruling on the abortion ban significantly restricts the scope of a provision in the Florida Constitution that has historically protected the right to privacy, which voters added in 1980 to safeguard against abortion restrictions.
Immediate Impact on Abortion Access
The Supreme Court’s decision not only upholds the existing 15-week ban, but also activates a more stringent law passed earlier this year that prohibits abortion after six weeks of pregnancy, a stage when many individuals may not even be aware they are pregnant. The six-week ban in Florida, with exceptions for rape, incest, fatal fetal anomalies, and medical emergencies, effectively eliminates abortion access in the South and increases the strain on abortion clinics nationwide.
The Florida Abortion Landscape
These parallel court rulings shed light on the political divide both in Florida and across the country since the landmark Roe v. Wade decision in 1973. While Florida’s high court has become significantly more conservative under Governor Ron DeSantis, surveys show that a majority of the state’s voters oppose early stage abortion bans.
Florida has one of the highest abortion rates in the nation, with more than 82,000 procedures documented in the state last year. The potential passing of the proposed amendment in November, which aims to protect abortion rights, may critically determine the future of women’s access to abortion in Florida.
Balancing the Fight Over Florida’s Future
Voters in November will have the opportunity to voice their stance on abortion access. The Floridians Protecting Freedom coalition successfully collected over 1.5 million signatures, significantly surpassing the required threshold, to place the proposed amendment on the ballot. Florida Attorney General Ashley Moody argued that the amendment’s language was too broad, but the state Supreme Court ultimately ruled in favor of the advocates.
The proposed amendment states, “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.” A supermajority of 60 percent is needed to pass the amendment and incorporate it into the state’s constitution.
Challenges in Abortion access and Advocacy
Florida’s current 15-week ban has already forced many patients with life-threatening pregnancy complications to seek abortion care outside of the state. The implementation of a six-week ban would further deprive tens of thousands of individuals from accessing necessary reproductive healthcare, potentially forcing them to travel long distances to obtain the procedure.
As the six-week ban became a focal point during Governor DeSantis’s bid for the Republican presidential nomination, it gained support from antiabortion activists while also drawing criticism from former President Donald Trump, the GOP’s presumptive nominee. Concerns have been raised within the Republican party about potential political consequences in the general election due to the backlash against strict abortion bans.
The Judicial Evolution of Florida’s High Court
The recent ruling indicates a significant shift in the Florida Supreme Court’s stance on abortion. Over the past few decades, the court has struck down numerous abortion restrictions. However, under Governor DeSantis, the court has undergone a transformation, now considered one of the most conservative in the nation. Several justices who supported the abortion ban have ties to the antiabortion movement, including Justice Charles Canady, a former Republican congressman, and his wife, state Representative Jennifer Canady, who co-sponsored the six-week abortion ban.
Looking Ahead to the Ballot Initiative
Advocates in Florida are now focused on the upcoming 2024 election, hoping to initiate a ballot measure that explicitly protects abortion rights within the state constitution.
Please note that this is a developing story, and updates will follow.
