Florida Supreme Court begins hearing abortion-ban case, could limit access in Southeast

Kinsey Crowley and John Kennedy
·3 min read
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TALLAHASSEE – The Florida Supreme Court is considering arguments today to overturn a legal precedent that has protected abortion rights. The outcome could change the landscape of abortion access in the Southeast.

For more than three decades, the state constitution's privacy clause has protected abortion rights. Now the state is arguing that the liberal-leaning justices at the time got it wrong, and conservatives are betting that the justices on today's court, a majority of whom were appointed by Gov. Ron DeSantis, will agree. If they do, a ban on abortions after six-weeks is imminent.

Approximately 75% of registered voters in Florida oppose the six-week ban, polls show.

Here is what to know about the case, the conservative court, and what will happen to abortion access in Florida and the surrounding states as a result:

Florida's current abortion law

Currently, Florida bans most abortions after 15 weeks. The 15-week ban came after a bill known as HB 5 passed in 2022. The state Supreme Court is hearing a challenge to the bill brought by abortion clinics and a doctor. Before HB 5 passed, the right to privacy protected abortions up to fetal viability at 24-weeks.

The state constitution's right to privacy was applied to abortion rights 34-years ago, but now, Attorney General Ashley Moody is asking the Supreme Court to reverse that precedent to uphold the 15-week ban.

If the conservative-leaning court agrees with Moody's arguments, the 15-week ban will only hold for so long. DeSantis and the Republican-controlled Legislature have already approved a six-week ban set to take effect 30 days after the court's ruling, on the assumption it will rule in their favor.

Abortion advocates say most people don't know they are pregnant at six weeks, and the timeline is further truncated by the requirements that patients go through two doctors' visits and a 24-hour waiting period before an abortion.

Majority of Florida Supreme Court justices appointed by DeSantis

The Florida Supreme Court hearing the arguments consists of three women and four men. Five of the justices were appointed by DeSantis in the past five years.

  • Chief Justice Carlos G. Muñiz - appointed by DeSantis in 2019. Formerly the general counsel of the U.S. Department of Education under Secretary Betsy DeVos

  • Justice Charles T. Canady - appointed by Republican Gov. Charlie Crist in 2008

  • Justice Jorge Labarga - appointed by Republican Gov. Charlie Crist in 2009

  • Justice John D. Couriel - appointed by DeSantis in 2020

  • Justice Jamie R. Grosshans - appointed by DeSantis in 2020

  • Justice Renatha Francis - appointed by DeSantis in 2022

  • Justice Meredith L. Sasso - appointed by DeSanstis in 2023

A look back: DeSantis vs. the courts: How many of the Florida governor's plans have been blocked?

Florida abortion ban would change access for Southeast U.S.

More than a year after the U.S. Supreme Court overturned Roe v. Wade, abortion access across the country has changed drastically.

Data compiled by the Guttmacher Institute, ranks states from "most restrictive" to "most protective." Florida's 15-week ban makes it a "restrictive" state among "most restrictive" or "very restrictive" states nearby. The closest states to Florida that offer more protections are Virginia ("some restrictions/protections") and Illinois ("protective").

Abortion access by state as of Sept. 7, 2023, before the Florida State Supreme Court hears abortion-ban case starting Friday Sept. 8, 2023.
Abortion access by state as of Sept. 7, 2023, before the Florida State Supreme Court hears abortion-ban case starting Friday Sept. 8, 2023.

What is next for Florida abortion rights?

Advocates are trying a different route to protect abortions: getting the matter on the November 2024 ballot.

A proposal aimed at voters has collected almost 300,000 signatures, nearly enough to get ballot language reviewed by the Florida Supreme Court. It would need 900,000 signatures to get on the ballot.

If it crosses that threshold, it would still need 60% approval to stop any Florida law that would "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."

Contributing: Jim Saunders, NEWS SERVICE OF FLORIDA

This article originally appeared on USA TODAY: Florida Supreme Court could change abortion access in Southeast