The future of abortion rights in Florida hangs in the balance as the State Supreme Court, known for its conservative leanings, considers whether a 15-week ban on abortions violates the state constitution. Based on the statements made by the justices during a recent hearing, it appears that they may be inclined to uphold the law.[0] This decision could open the door for a stricter six-week ban to take effect, severely limiting access to abortion in the entire Southeast region. The court’s ruling in this case could come at any time.[0]
However, there is also a possibility that the court could strike down the 15-week ban, thereby making abortion legal in the state again until viability, which is typically around 24 weeks of pregnancy. Even if the court upholds the ban, there is still an avenue for Florida voters to explicitly protect abortion rights in the state constitution.[0] Advocates are currently working to gather the necessary signatures to place a measure on the ballot in 2024. They have already collected over 600,000 signatures and need to reach 900,000 by February.[0] If the State Supreme Court approves the proposal, it would require at least 60 percent of votes to pass and would take several months to be implemented if successful.[0]
The fate of the six-week abortion ban, which was passed earlier this year, hinges on the outcome of the challenge to the 15-week ban. The plaintiffs in the case argue that the state’s privacy right, which was added to the constitution in 1980, was intended to protect abortion rights. They contend that voters adopted the amendment at a time when abortion was recognized as a privacy right following the landmark Roe v. Wade decision in 1973. However, the justices appeared skeptical of this argument during the hearing, questioning whether voters were considering abortion rights when they enshrined the right to privacy in the constitution.
Chief Justice Carlos Muñiz even suggested that the recent overturning of Roe v. Wade by the U.S. Supreme Court undermined the notion that privacy protections extend to abortion rights.[1] He raised concerns about excluding fetuses from legal protection and referenced Governor DeSantis’ endorsement of back-door measures to establish legal personhood for embryos and fetuses in Florida.[0]
If the 15-week ban is upheld, the six-week ban would automatically take effect about a month later. This ban, passed by the Republican-led Legislature and signed by Governor DeSantis, has been on hold pending the outcome of the legal challenge. The potential impact of these bans on abortion access in Florida and the Southeast is significant. Many people travel to Florida from neighboring states with stricter abortion laws to seek the procedure. If the restrictions are approved, individuals in the Southeast may have to travel even farther, such as to Virginia or Washington, D.C., to access abortion services.[2]
The Florida Supreme Court currently has a conservative majority due to Governor DeSantis’ appointments.[3] The concerns of those who support abortion access are heightened by the fact that five of the seven justices were selected by the conservative governor.[4] The outcome of this case will not only affect abortion rights in Florida but also impact millions of women across the South and even in the Caribbean who rely on Florida for access to abortion due to more restrictive laws in their own jurisdictions.
The issue of abortion has been the subject of numerous ballot measures across the United States in recent years. In 2022, there were a record-breaking six ballot measures addressing abortion, with varying outcomes. The majority of Americans support abortion rights, with 62 percent believing that abortions should be legal in all or most cases.[5] In Florida, a 2020 poll found that 56 percent of likely voters share this view. Abortion rights supporters argue that the bans violate the privacy protections explicitly outlined in the state constitution.[4]
The Florida Supreme Court, which consists of three women and four men, is currently hearing arguments in this case.[6] Five of the justices were appointed by Governor DeSantis in the past five years, further fueling concerns about their potential bias.[7] Advocates on both sides of the abortion debate eagerly await the court’s decision, as it will determine whether women in Florida have access to abortion up to fetal viability or are limited to a mere six weeks to terminate a pregnancy. Regardless of the outcome, individuals seeking an abortion in Florida must currently make two in-person visits to a provider at least 24 hours apart.[3]
The implications of the Florida Supreme Court’s decision extend far beyond the state’s borders. Many individuals from neighboring states, such as Alabama, rely on Florida for access to abortion due to stricter laws in their own jurisdictions. The outcome of this case could force individuals in the Southeast to travel even greater distances to access abortion services. The potential impact on millions of women across the region underscores the significance of the court’s ruling.
In conclusion, the fate of abortion rights in Florida is hanging in the balance as the State Supreme Court considers the constitutionality of a 15-week ban. The court’s ruling could open the door for a stricter six-week ban and have far-reaching consequences for abortion access in the Southeast. Advocates are working to enshrine abortion rights in the state constitution, but the outcome of the court case will have a significant impact. The decision will not only affect Florida but also impact millions of women across the region who rely on the state for access to abortion services. The court’s ruling will determine whether women have the right to access abortion up to fetal viability or are limited to a mere six weeks to terminate a pregnancy. The potential implications of this decision highlight the ongoing battle for reproductive rights in the United States.
0. “Florida Supreme Court Sounds Skeptical of Abortion Rights” The Cut, 8 Sep. 2023, https://www.thecut.com/2023/09/florida-supreme-court-abortion-ban.html
1. “Abortion-rights supporters see little hope ahead of Florida high court arguments” POLITICO, 8 Sep. 2023, https://www.politico.com/news/2023/09/08/abortion-rights-florida-high-court-00114613
2. “Florida abortion: Supreme Court justices appear skeptical over protection arguments – POLITICO” POLITICO, 8 Sep. 2023, https://www.politico.com/news/2023/09/08/florida-supreme-court-justices-appear-skeptical-over-abortion-protection-arguments-00114740
3. “Florida’s 15-week abortion ban challenge goes before justices” South Florida Sun Sentinel, 7 Sep. 2023, https://www.sun-sentinel.com/2023/09/07/florida-supreme-court-takes-on-abortion-friday-access-for-millions-is-at-stake/
4. “Florida supreme court to hear abortion case that could drastically limit access” The Guardian, 8 Sep. 2023, https://www.theguardian.com/world/2023/sep/08/florida-supreme-court-abortion-case-six-weeks
5. “Judge Hearing Florida Abortion-Ban Case Has a Huge Conflict of Interest” The New Republic, 8 Sep. 2023, https://newrepublic.com/post/175471/florida-judge-abortion-six-week-ban-charles-canady-cosponsor
6. “Florida Supreme Court begins hearing abortion-ban case, could limit access in Southeast” USA TODAY, 8 Sep. 2023, https://www.usatoday.com/story/news/nation/2023/09/08/florida-abortion-ban-supreme-court-arguments/70794883007/
7. “FL Supreme Court hears arguments over the future of abortion in this state” Florida Phoenix, 8 Sep. 2023, https://floridaphoenix.com/2023/09/08/fl-supreme-court-hears-arguments-over-the-future-of-abortion-in-this-state/
