Orlando Sentinel (Sunday)

U.S. Supreme Court will play a role, too

- Sun Sentinel health reporter Cindy Goodman can be reached at cgoodman@ sunsentine­l.com or Twitter @cindykgood­man.

While legal issues on abortion rights are being decided in Florida courts, the fate of the 15-week ban will be affected by what happens in the nation’s capital.

Two scenarios are plausible, but only one would affect Florida’s abortion rights.

The U.S. Supreme Court is expected to rule this month on whether to uphold a 15-week abortion ban in Mississipp­i. Its ruling on that Mississipp­i law could strike down the landmark Roe v. Wade case that has guaranteed the right to abortion in the United States for decades.

For Florida, that only matters if the U.S. Supreme Court strikes down Mississipp­i’s ban. If it says the 15-week ban is unconstitu­tional under federal law, then Florida’s new abortion law would be unconstitu­tional as well.

Of course, if the U.S. Supreme Court rules to uphold Mississipp­i’s 15-week ban, then Florida’s ban is constituti­onal under federal law, but that decision does not indicate whether the law violates the right to privacy protected by the Florida Constituti­on. Virelli said that determinat­ion would ultimately be left to the Florida Supreme Court.

A leaked draft opinion in the Supreme Court case indicated justices could use the Mississipp­i case to overturn the landmark Roe v. Wade that establishe­d the right to an abortion in the United States. At least 18 states either have kept pre-Roe v. Wade abortion bans in place or have passed so-called “trigger” laws to ban abortion the moment Roe v. Wade is overturned.

Florida does not have a “trigger” law. However, if Roe v. Wade were overturned, there would be nothing stopping legislator­s from banning abortion completely in the state.

“Unless things go unexpected­ly, Roe v. Wade will be overturned before July 1,” Jarvis said. “In Florida, ultimately, whatever happens with Roe, the question of abortion will have to go to the Florida Supreme Court, and when it gets there, I have no doubt there will be no state right to have an abortion.

“The bottom line is sooner or later abortion will be illegal in Florida.”

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