Florida's 15-Week Abortion Ban Faces Lawsuit From Abortion Providers

FLORIDA — Health care providers in Florida have filed a lawsuit challenging House Bill 5, a ban on abortion after 15 weeks of pregnancy that threatens to put doctors in jail for providing them beyond that point.

The American Civil Liberties Union, ACLU of Florida, Center for Reproductive Rights, Planned Parenthood Federation of America and the law firm Jenner & Block filed the lawsuit Wednesday on behalf of several medical facilities that offer abortion services.

Abortion providers in the case said they are asking the court to block the ban from taking effect July 1.

“This law blatantly rejects Floridians’ need for essential abortion care and their strong support for the right to get an abortion. Not only does HB 5 defy the will of the people, it ignores the real-life circumstances of people who need an abortion and deliberately puts them in harm’s way. With the U.S. Supreme Court threatening to take away the federal right to abortion, we will do everything in our power to block this cruel attack on Floridians’ fundamental right to get the care they need," said Daniel Tilley, legal director for ACLU of Florida.

Along with arguing that HB 5 — better known as the Reducing Fetal and Infant Mortality Act — is unconstitutional, some health care providers said that banning abortions in the fourth month of pregnancy will force Floridians to remain pregnant against their will.

They also argue that most Floridians oppose the restrictive abortion ban. In a recent Florida Patch survey, about 71 percent of respondents said they don't think the Supreme Court should overturn Roe v. Wade, which made abortion a right nationwide. Nearly 28 percent of respondents said they think the ruling should be overturned, while 1 percent was uncertain.

SEE ALSO:

• FL 15-Week Abortion Ban Signed Into Law By Gov. DeSantis
• Florida 15-Week Abortion Ban OK'd By Lawmakers, Sent To Governor
• Most In FL Don't Want Roe V. Wade Abortion Ruling Overturned: Survey
• Abortion Ban Likely In FL If Roe V. Wade Is Overturned
• Striking Down Roe V. Wade Would Cause Seismic Shift In Abortion Policy
• Roe V. Wade Will Be Struck Down, Politico Reports, Citing Leaked Draft

“The Florida Supreme Court has long held that their state constitution protects the right to end a pregnancy," Nancy Northup, president & CEO of the Center for Reproductive Rights, said in a news release. "That means even if Roe falls, abortion should remain protected in Florida, and this ban should be blocked. There are so many reasons that people need abortions past 15 weeks of pregnancy, especially people struggling to make ends meet who need time to secure the funds. Young people in Florida must get parental consent to have an abortion or permission from a judge, which can be a lengthy process."

The fate of abortion access for millions of women across the United States — including Florida — hangs by a thread after a draft majority opinion reportedly leaked to Politico suggests that the U.S. Supreme Court is poised to overturn Roe V. Wade, the landmark abortion ruling. A final decision on the case is not expected until late June or July.

Many supporters of the law, including Gov. Ron DeSantis, have argued that 15 weeks is enough time for a woman to decide if she wants an abortion.

"House Bill 5 protects babies in the womb who have beating hearts, who can move, who can taste, who can see, and who can feel pain," DeSantis said shortly after signing the bill into law in April. "Life is a sacred gift worthy of our protection, and I am proud to sign this great piece of legislation, which represents the most significant protections for life in the state's modern history."

Meanwhile, HB 5 does allow abortions past 15 weeks in unique circumstances.

According to the law, abortions may be performed after 15 weeks if it is deemed necessary to save the pregnant woman's life or avoid serious health risks that could lead to irreversible physical impairment. In most circumstances, two physicians would also have to sign off on the abortion in writing.

Abortion after 15 weeks of gestation may also still be possible if the fetus has not achieved "viability" and has a fatal abnormality, the law states.

The law will also require medical facilities that offer abortions to report monthly to the state how many abortions they perform, the reasons for them, the period of gestation at the time the abortion was performed and the number of infants born alive after an attempted abortion.