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June is a pivotal month for abortions in Florida
Sun-Sentinel
The next few weeks could bring a major change in Florida when it comes to abortions.
July 1 looms as the effective date of a new law signed by Gov. Ron DeSantis that bans most abortions after 15 weeks of gestation. The state law does not make exceptions for incest, rape or human trafficking, but does allow abortions if the mother’s life is in danger or if two doctors agree the fetus has a fatal abnormality.
Several legal actions, however, could prevent it from going into effect — at least temporarily. Below we detail the legal actions that may play out.
A temporary pause is possible
Two lawsuits have been filed that challenge the new state law blocking abortion after 15 weeks.
Florida Supreme Court may weigh in
Florida is one of 11 states whose state constitutions put in place abortion rights independent of the U.S. Constitution. Florida does so by extending privacy rights in its constitution to include a woman’s decision of whether or not to continue her pregnancy.
Florida is one of 11 states whose state constitutions put in place abortion rights independent of the U.S. Constitution. Florida does so by extending privacy rights in its constitution to include a woman’s decision of whether or not to continue her pregnancy.
The Florida Supreme Court has become more conservative, with four of the seven judges having been appointed by Republican governors. The more conservative state justices could interpret the privacy rights in Florida’s constitution differently.
Virelli said doing so would be a “bold step.”
He explained: “The Florida Supreme Court would have to change its understanding of the Florida Constitution and its interpretation of privacy rights and overturn 30 years of precedent.”
Jarvis and Virelli agreed that it’s unlikely the current conservative Florida Supreme Court would strike down any abortion law the Florida Legislature has passed, or a more restrictive one in the future.
Virelli said doing so would be a “bold step.”
He explained: “The Florida Supreme Court would have to change its understanding of the Florida Constitution and its interpretation of privacy rights and overturn 30 years of precedent.”
Jarvis and Virelli agreed that it’s unlikely the current conservative Florida Supreme Court would strike down any abortion law the Florida Legislature has passed, or a more restrictive one in the future.