FL Court Allows 6-Week Abortion Ban And Abortion Rights Ballot Measure

FLORIDA — The Florida Supreme Court on Monday upheld the state's ban on most abortions after 15 weeks of pregnancy, which means a subsequently passed six-week ban can soon take effect.

The court ruled the 15-week ban signed by Gov. Ron DeSantis in 2022 can take effect, the Associated Press reported. The ban has been enforced while it was being challenged in court. A six-week ban passed in the 2023 legislative session was written so that it would not take effect until a month after the 2022 law was upheld.

On Monday, the high court also ruled that an amendment to add abortion rights to the state’s constitution can go on the November 2024 ballot, The Washington Post reported. So voters could mobilize to undo the new strict abortion ban in a matter of months.

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 on women seeking abortions in Florida and throughout the South, the AP said.

The six-week ban in Florida includes exceptions for rape, incest, fatal fetal anomalies and medical emergencies, the Post said.

The Floridians Protecting Freedom coalition gathered more than 1.5 million signatures to put the abortion rights proposal on the November 2024 ballot; supporters needed 891,523 to place the question before voters. Florida Attorney General Ashley Moody fought the proposed amendment, saying it was too broad. But the state Supreme Court disagreed Monday.

The proposed amendment states: “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.” A 60 percent supermajority would need to vote in favor of the amendment to add it to the constitution.

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 could give Democrats a boost in the polls in a state that used to be a toss-up in presidential elections, AP said. 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.

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.

This story includes reporting from the Associated Press.

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