Florida Supreme Court rules on abortion, places issue on ballot
TALLAHASSEE, Fla. — The Florida Supreme Court paved the way Monday for a ban on abortions after six weeks of pregnancy, before many women know they are pregnant, while also giving voters a chance to remove restrictions in November and restore abortion rights in most cases.
The court that was reshaped by former presidential candidate and Republican Gov. Ron DeSantis ruled 6-1 to uphold the state’s ban on most abortions after 15 weeks of pregnancy, meaning a ban on six weeks could soon take effect. But under a separate ruling, the court allowed a ballot measure on abortions rights to go to voters.
Most abortions are obtained before the 15-week mark, so the current ban does not affect most people seeking abortion. But a six-week ban would likely have a major impact.
DeSantis, who signed the 15-week ban in 2022, appointed five of the court’s seven justices.
The lawsuit challenging the ban was brought by Planned Parenthood, the American Civil Liberties Union and others. They argued that the Florida Constitution’s unique privacy clause for more than 40 years has explicitly protected a right to abortion in the state and should remain in force.
Lawyers for the state, however, said that the privacy clause was adopted by voter referendum in 1980, few people understood that it would cover abortion. They told the justices the clause was mainly meant to cover “informational privacy,” such as personal records, and not abortion.
Since the U.S. Supreme Court overturned Roe v. Wade in June 2022, most Republican-controlled states have adopted bans or restrictions on abortions. Every ban has faced a court challenge.
A survey of abortion providers conducted for the Society of Family Planning, which advocates for abortion access, found that Florida had the second-largest surge in the total number of abortions provided since Roe v. Wade was overturned. The state’s data shows that more than 7,700 women from other states received abortions in Florida in 2023.
The ruling on the abortion referendum could give Democrats a boost in the polls in a state that used to be a toss-up in presidential elections. While many voters aren’t enthusiastic about a rematch between former President Donald Trump and President Joe Biden, it could inspire more abortion rights advocates to cast a ballot. Trump won Florida four years ago.
Republican Attorney General Ashley Moody had argued that the proposed amendment is deceptive and that voters won’t realize just how far it will expand access to the procedure.
The proposed amendment says “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.” It provides for one exception that is already in the state Constitution: Parents must be notified before their minor children can get an abortion.