Florida’s state Supreme Court ruled on Monday that the state constitution does not protect abortion care ― declaring the state’s current 15-week ban constitutional and giving the go-ahead for a six-week ban to take effect in 30 days.
The high court ruled that a privacy clause in the state constitution does not protect abortion care.
“The parties have presented thoughtful arguments as to the scope of this provision, which has traditionally been referred to as the ‘Privacy Clause.’ Those legal arguments on the Privacy Clause’s meaning are, in our view, distinct from the serious moral, ethical, and policy issues that are implicated in the subject matter of this case,” the ruling reads.
“Our analysis focuses on the Privacy Clause’s text, its context, and the historical evidence surrounding its adoption,” the ruling continues. “After considering each of these sources and consistent with longstanding principles of judicial deference to legislative enactments, we conclude there is no basis under the Privacy Clause to invalidate the statute.”
Pro-choice groups and abortion providers filed suit against the state in 2022 after Gov. Ron DeSantis (R) signed the 15-week ban into effect. The state Supreme Court, which DeSantis has stacked with conservative judges in recent years, agreed to hear arguments in the case last year but allowed the 15-week ban to stay in effect during that time.
Dr. Cecilia Grande, a Florida OB-GYN, told reporters on Monday afternoon that a six-week abortion ban will be “very detrimental” for birthing people in Florida.
“This represents, pretty much, a total ban,” Grande said. “We anticipate that patients are going to have a delay in care, and that’s not good for the doctors and that’s not good for patients … It’s a very bad deal for the women of Florida to have a six-week ban.”
Also on Monday, the Florida Supreme Court approved a pro-choice amendment to appear on the state’s ballot in November. The amendment seeks to protect abortion up until fetal viability, usually at around 24 weeks.
Oral arguments in the lawsuit, brought by Planned Parenthood, the American Civil Liberties Union and other parties, were heard in September.
“Abortion has been a recognized right in Florida for decades,” Whitney White, an ACLU staff attorney, said during oral arguments. “There’s no basis in the text to…
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