Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Florida's firewall against abortion restrictions is in peril
PoliticoTALLAHASSEE, Fla. — Florida’s Supreme Court, forged by Republican Gov. Ron DeSantis, could decide the fate of abortion rights in the state.
That’s because Florida’s abortion rights are not just intertwined with federal court rulings but also rely on a decadesold Florida Supreme Court decision that extends privacy rights to abortion. Those rights are enshrined in the Florida Constitution, and the state Supreme Court has previously cited it to overturn restrictive abortion laws, including one requiring parental consent for minors seeking abortions.
But the current Florida Supreme Court is dominated by conservatives, including three appointed by DeSantis, and some fear the state justices could interpret the privacy rights differently. Most pressingly, the conservative justices could uphold Florida’s recently approved ban on abortions after 15 weeks when it’s legally challenged. The law is set to go into effect on July 1.
“I don’t think anyone is naive to the fact that the Supreme Court of Florida has become more conservative,” said state Rep. Anna Eskamani (D-Orlando), who used to work for Planned Parenthood. “But they have yet to decide on an abortion case. This is going to be the first in a long time.”
-snip-
“More than four decades ago, the citizens of Florida approved a constitutional amendment to ensure that the state Constitution provides independent protection for the right to privacy and abortion,” Daniel Tilley, legal director for ACLU Florida, said in an email. “The Florida Supreme Court has consistently held ever since that the state Constitution protects the right to abortion against government intrusion like the 15-week ban. We hope that they will continue to do so.”
“But the public should be concerned that both the federal and state rights that protect our ability to get an abortion are each just one court ruling away from being wiped off the map,” he continued.
Florida is one of 11 states whose state constitutions and courts have put in place abortion rights independent of the U.S. Constitution.
That’s because Florida’s abortion rights are not just intertwined with federal court rulings but also rely on a decadesold Florida Supreme Court decision that extends privacy rights to abortion. Those rights are enshrined in the Florida Constitution, and the state Supreme Court has previously cited it to overturn restrictive abortion laws, including one requiring parental consent for minors seeking abortions.
But the current Florida Supreme Court is dominated by conservatives, including three appointed by DeSantis, and some fear the state justices could interpret the privacy rights differently. Most pressingly, the conservative justices could uphold Florida’s recently approved ban on abortions after 15 weeks when it’s legally challenged. The law is set to go into effect on July 1.
“I don’t think anyone is naive to the fact that the Supreme Court of Florida has become more conservative,” said state Rep. Anna Eskamani (D-Orlando), who used to work for Planned Parenthood. “But they have yet to decide on an abortion case. This is going to be the first in a long time.”
-snip-
“More than four decades ago, the citizens of Florida approved a constitutional amendment to ensure that the state Constitution provides independent protection for the right to privacy and abortion,” Daniel Tilley, legal director for ACLU Florida, said in an email. “The Florida Supreme Court has consistently held ever since that the state Constitution protects the right to abortion against government intrusion like the 15-week ban. We hope that they will continue to do so.”
“But the public should be concerned that both the federal and state rights that protect our ability to get an abortion are each just one court ruling away from being wiped off the map,” he continued.
Florida is one of 11 states whose state constitutions and courts have put in place abortion rights independent of the U.S. Constitution.