On Monday, the Florida Supreme Court issued a landmark ruling stating that the state’s constitution lacks provisions protecting the right to abortion. This verdict was as a result from the case, Planned Parenthood of Southwest and Central Florida vs. State of Florida.
The ruling effectively upholds the existing 15-week abortion ban and triggers the Heartbeat Protection Act, which the Governor Ron DeSantis signed into law. The Act makes it illegal to perform abortions after 6 weeks—with allowances for instances of rape, incest, human trafficking, fatal fetal abnormalities, and when the mother’s health is in danger.
In court, Planned Parenthood countered that the 15-week ban infringes upon the Privacy Clause added to the Florida Constitution in 1980. They argued that many patients may need abortion care after 15 weeks for various reasons, however, the court disagreed stating that:
“The decision to have an abortion may have been made in solitude, but the procedure itself included medical intervention and required both the presence and intrusion of others. We also stress that this ‘right to be let alone’ was modified by a limiting principle: the right did not permit an individual to inflict harm on herself or others.”
The Florida Supreme Court also allowed for a proposed amendment that aims to enshrine abortion protections in the state constitution to be included in the November Ballot. This amendment was driven by Floridians Protecting Freedom, and come November, the voters will decide whether or not to maintain the six-week abortion ban.
A total of 14 states have enacted almost complete abortion bans since the pivotal Dobbs v. Jackson Women’s Health Organization case overturned Roe v. Wade in 2022. At present, states like Georgia, Iowa, Kentucky, Mississippi, North Dakota, Ohio, South Carolina, Tennessee have introduced bans on abortion after roughly six weeks.
Meanwhile, amid the nation’s ongoing argument about abortion rights, the US Supreme Court is slated to hear an argument regarding the authorization and regulation of the abortion pill, mifepristone. Since the 2022 decision, access to abortion in America continues to vary, with heavier restrictions predominantly in the south and midwest while stronger access is maintained in coastal states.
For more on this story, refer to the full article on Jurist.