Florida supreme court to hear abortion case that could drastically limit access
The Florida supreme court on Friday will hear arguments in a case that could drastically limit abortion access in the south-eastern United States.
Abortion providers in Florida filed a lawsuit to block the state’s ban on abortion after 15 weeks of pregnancy.
If the state’s high court upholds the 15-week ban, a separate, stricter law would take effect prohibiting abortion after six weeks, before most people know they are pregnant.
“It would be devastating for providers to have to turn even more folks away under a six-week ban,” said Whitney White, a staff attorney with the ACLU’s Reproductive Freedom Project. “They’re already having to turn away patients under the current 15-week ban.”
Friday’s hearing is the culmination of Republican efforts to end Florida’s legacy as a safe haven for abortion seekers in neighboring states. Five of the seven justices on the current state supreme court were selected by the conservative governor, Ron DeSantis, fueling the concerns of Floridians who support abortion access.
After signing the six-week trigger ban into effect in April, Governor DeSantis said in a brief statement that he was “proud to support life and family in the state of Florida”. The Florida governor has been hesitant to discuss abortion on the campaign trial.
A whopping 62% of American adults believe abortions should be legal in “all or most cases”, according to a 2022 report published by Pew Research Center. A 2020 Ipsos/Reuters poll found that 56% of likely voters in Florida believe abortion should be legal in most cases. And abortion rights supporters in Florida say the bans violate the explicit privacy protections found in the state constitution.
Despite DeSantis’s conservative overhaul of the state’s high court, White remained confident about the case in the run-up to Friday’s hearing.
“No justice of the Florida supreme court has ever written a decision questioning the conclusion that abortion rights are protected by the privacy clause,” White said.
Florida Republicans passed the 15week ban on abortion in April 2022, months before the US supreme court ended the federal right to abortion. That same month, a judge revived a 2015 state law that mandated patients wait 24 hours between getting an initial consultation for an abortion and undergoing the procedure.
“It’s been one restriction after another,” said Dr Kanthi Dhaduvai, a Jacksonville abortion provider with Physicians for Reproductive Health.
Dhaduvai felt “nervous and frustrated” about the hearing, fearing a court ruling that would make it imposs
ible for her patients to receive “what is often life-saving care”.
Roughly half of Dhaduvai’s patients come to Florida from states like Georgia,
Louisiana, Mississippi, Alabama – even Texas.
“I think a lot of people are not aware as to how dangerous this could be, not just for Florida, but the entire region,” she said. “Florida has been a huge access point for people, we already have people traveling these great distances to get care.”
In the months after the US supreme court overturned Roe v Wade, Florida saw the greatest increase in the number of legal abortions performed per month, according to a report released this April from the Society of Family Planning.
“I’m still providing care and I’m going to continue providing care, within legal limits, even after the decision,” Dhaduvai said.