Here’s what to know while Florida ban on abortions after 15 weeks is in effect
A new restriction on abortion has come to a post-Roe v. Wade Florida. Sort of.
This year, Gov. Ron DeSantis signed a bill into law banning most abortions after 15 weeks of pregnancy. That bill took effect Friday, just a week after the U.S. Supreme Court ruled abortion regulation would be left up to individual states.
However, on Thursday, a state judge said he would soon write a temporary order putting the new law on hold.
Here’s what to know about the new ban, the legal wrangling and the state of abortion in Florida.
WHEN IS ABORTION LEGAL?
Until the courts officially intervene, Florida will have in place its strictest abortion rules in half a century. Most abortions will only be legal if performed in the first 15 weeks of pregnancy. The new law includes exceptions for women whose health is threatened by the pregnancy or if their baby has a “fatal fetal abnormality.” Florida’s law was based on the Mississippi law that the U.S. Supreme Court upheld when it struck down Roe.
WILL THE NEW LAW ALLOW A PREGNANCY TO BE TERMINATED FOR MEDICAL REASONS?
Yes. The law permits abortions after 15 weeks if carrying the pregnancy to term would put the pregnant woman’s life at risk or cause irreversible physical impairment. The pregnancy can also be terminated if the fetus has a fatal abnormality.
WILL THE NEW LAW MAKE EXCEPTIONS FOR RAPE, INCEST OR HUMAN TRAFFICKING?
No. If a pregnancy resulting from rape, incest or human trafficking is not aborted in the first 15 weeks, the law requires the baby must be carried to term. (With the exceptions noted above.)
WHAT’S GOING ON WITH THE LEGAL CHALLENGE?
Two abortion-rights groups have filed lawsuits challenging the state’s 15-week ban. The first, filed by a coalition of abortion providers, claims the law violates Florida’s constitutional privacy clause and sought an inthe junction to keep the law from going into effect July 1.
On Thursday, Leon County Judge John Cooper ruled in that group’s favor. He said the 15-week law is unconstitutional and promised to issue an injunction blocking it. However, Cooper said the move wouldn’t be official until he signed an order — which he has yet to do,
A South Florida Jewish congregation has also filed a legal challenge claiming that the law violates religious freedom.
WHAT OTHER RESTRICTIONS MIGHT FLORIDA REPUBLICANS PUSH FOR?
Florida Republican lawmakers could pass more stringent abortion regulations at any time now that the precedent set by Roe v. Wade is gone. DeSantis could call a special session asking for lawmakers to ban the procedure. Legislative leaders could fashion more restrictions during the 2023 legislative session. Or GOP lawmakers could let the 15-week ban that they just passed play out for a couple of years.
COULD FURTHER ABORTION RESTRICTIONS RUN INTO TROUBLE IN STATE COURTS?
This remains an unanswered question for now. In 1989, Florida’s Supreme Court found that the privacy clause in the Florida Constitution protected the right to an abortion. This meant abortion rights were enshrined not just in the U.S. Constitution, but in the state Constitution as well. Even with Roe v. Wade overturned, abortion-rights advocates can still lean on state’s founding document.
But the current Florida Supreme Court is much different than the one that made that 1989 ruling. The court is comprised of Republican appointees. They could view Florida’s Constitution much differently than the 1989 court.
WILL GIRLS BE ABLE TO GET AN ABORTION UNDER 15-WEEK LAW?
Yes. Florida’s new law does not impose any new age restrictions on abortion access. However, as of July 2020, minors are required to have consent from a parent or guardian before terminating a pregnancy. A minor can get the requirement waived if a judge rules that they are “sufficiently mature” to make the decision by themselves.
Florida minors accounted for about 1,400 abortions in 2019, according to federal data. That’s about one out of every 50 abortions performed that year.
WHAT ARE CRIMINAL PENALTIES FOR AN ILLEGAL ABORTION?
According to state law, anyone who “willfully performs, or actively participates in, a termination of pregnancy” could be charged with a third-degree felony.
In some specific situations, state criminal penalties only apply to the person who performs the abortion. For example, a doctor who performs an abortion on a minor who has not notified their parents is subject to a criminal penalty, but the minor is not.
HOW MANY ABORTIONS ARE PERFORMED IN FLORIDA?
Florida reported that about 80,000 abortions were performed in 2021. About 6% of those — 4,800 abortions — were performed in the second trimester, after 12 weeks of pregnancy.
Of those second-trimester abortions, three were performed in cases of incest and 14 were performed in cases of rape. Those must all be carried to term after 15 weeks under the new law.
State data doesn’t specify when during a trimester an abortion is performed, so it’s unclear precisely how many abortions would be affected by the 15-week ban. However, according to federal data from 2019, post-15 week abortions accounted for about 2% of all procedures in Florida.
WHO IS GETTING ABORTIONS IN FLORIDA?
More than 60% of abortions in the state in 2019 were performed on those who already had children, according to the Centers for Disease Control and Prevention. Most were in their 20s and nearly 90% were unmarried.
Many parents decide that they don’t have the financial means or resources to raise and care for another child, said Alison Yager, director of the Florida Health Justice Project.
“They’re recognizing that adding another child to their household is going to strain resources beyond what they think is good for their family,” she told the Times.
More than 4,000 of those women had four or more children.
Abortions were evenly divided among Black, white and Hispanic Floridians.
Black residents were more likely to rely on abortion services, adjusting for population.
WILL MEDICATIONABORTION OPTIONS STILL BE ALLOWED?
Medication abortions are still available but subject to the 15-week ban.
Using medication to induce abortion is an increasingly popular option for women who are up to 10 weeks pregnant. As of 2020, medication abortion accounted for the majority of all U.S. abortions, according to a survey conducted by the Guttmacher Institute, a research group that favors abortion rights.
In Florida, only licensed physicians can prescribe the two-part treatment, and the first pill has to be taken in a clinic or hospital. The second medication can be taken at home. Many clinics require that patients schedule a followup appointment two weeks later.
The 15-week law also requires abortion providers to count the number of medicine-induced abortions each month and report that number to the state.
HOW DO MEDICATION ABORTIONS WORK?
The treatment consists of two medications taken over 48 hours. The first medication, mifepristone, terminates the pregnancy and the second, misoprostol, helps the body expel it.
A medication abortion doesn’t require surgery or anesthesia and can be safely done in a clinic, doctor’s office, or at home with a follow-up appointment one to two weeks later, according to federal health officials.
The treatment is only an option in the first 10 weeks of pregnancy and cannot be performed on patients who have an intrauterine device (IUD), severe heart or lung disease, bleeding disorders, or take blood thinners or certain types of steroid medications.
CAN PATIENTS RECEIVE ABORTION PILLS PRESCRIBED BY OUT-OF-STATE DOCTORS?
No. Under state law, the prescribing physician must meet with the patient in person at least 24 hours before the treatment.
Federal regulators as of December 2021 relaxed restrictions on medication abortions, allowing doctors to prescribe abortion medications online or over the phone and pharmacies to send the medication through the mail.
Although Florida law doesn’t ban telehealth prescriptions outright, the in-person requirement means they aren’t an option for Florida residents seeking an abortion.
Some groups, like Aid Access, have sought to circumvent state law by using physicians and pharmacies located abroad, outside U.S. legal jurisdiction.