State’s 15-week abortion ban faces challenge with lawsuit
Health centers’ action cites privacy clause in Florida’s constitution
With a month until Florida’s 15-week ban on abortion takes effect, women’s health centers across the state have filed a legal challenge to the new state law.
The challenge filed in Leon County Circuit Court centers on the argument that the law that bans most abortions after 15 weeks violates a privacy clause in Florida’s Constitution that includes the right to terminate a pregnancy.
“By banning the provision of abortion care after fifteen weeks (from the first day of a woman’s last menstrual period), the Act will unlawfully intrude upon the fundamental privacy rights of Florida women,” the lawsuit says.
The health centers, which are abortion providers, are seeking an injunction to keep the new bill from going into effect on July 1.
The lawsuit also alleges Florida’s 15-week abortion ban is “a brazen attempt to override the will of the Florida people.”
The overwhelming majority of Florida residents — including more than half of Republicans — want abortion legal in most or all cases, according to a May statewide poll by Florida Atlantic University.
For now, providers such as Planned Parenthood continue to provide access to women’s health services including abortion. However, the lawsuit on behalf of Planned Parenthood of Southwest and Central Florida; Planned Parenthood of South, East and North Florida; Gainesville Woman Care; Indian Rocks Woman’s Center; St. Petersburg Woman’s Health Center; Tampa Woman’s Health Center; and A Woman’s Choice of Jacksonville says the new law threatens them with severe penalties for violation of abortion care.
“It makes the provision of abortion care after 15 weeks a felony and threatens clinics and health care professionals with adverse licensing and disciplinary action for providing essential health care to their patients,” the lawsuit alleges.
Florida Gov. Ron DeSantis signed a bill in April that bans abortion after 15 weeks. There are no exceptions for rape or incest. The only exceptions are if the woman’s life is considered to be in danger or if the fetus is considered to have a “fatal fetal abnormality.”
“We are here today to protect life,” DeSantis said during the bill signing. “We are here today to defend those who cannot defend themselves.”
Florida previously allowed abortion until the third trimester of pregnancy or about 24 weeks.
Legal challenges were expected.
Stetson law professor Louis Virelli said with this legal challenge, it is unlikely the new 15-week ban will go into effect July 1. “The lower courts will freeze application of the law until the Florida court has the opportu
nity to judge its full constitutionality,” he said.
Sometime this month, the U.S. Supreme Court is expected to issue a ruling in a Mississippi case challenging a state law that bans most abortions after 15 weeks of pregnancy. A leaked draft opinion in that case indicates that the court could overturn the landmark ruling in Roe v. Wade that established the right to an abortion in the U.S., leaving it to states to determine the procedure’s legality.
Virelli said if that happens, Florida’s Supreme Court could determine the fate of abortions in Florida when they rule on this legal challenge to the 15-week ban. Four of the seven Florida Supreme Court justices were selected by DeSantis. “It seems clear what he wants and he may believe he has four reliable votes,” Virelli said.
He says the question becomes: “Is the Florida Supreme Court willing to overrule 30 years of its abortion precedent?”