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Florida Supreme Court Upholding 15-Week Abortion Ban Opens Door for Stricter Law

The state’s highest court declared on Monday in favor of the 15-week abortion ban in Florida, rejecting a legal challenge that urged the court to vacate the ban.

After assuming the case in January at the plaintiffs’ request to determine whether the prohibition could be temporarily halted pending the outcome of the litigation, the state Supreme Court heard arguments in September.

Ron DeSantis Enacts Six-Week Trigger Ban Amidst Legal Battle

Governor Ron DeSantis has signed a six-week trigger ban into law, which prohibits the procedure before the majority of women become pregnant, effective in thirty days.

The ruling was rendered in the context of a continuing legal dispute initiated by the American Civil Liberties Union, the Center for Reproductive Rights, and abortion providers on behalf of Planned Parenthood. The lawsuit accuses the state of violating the Florida Constitution with the ban.

Voters in the November election could overturn the court ruling that favors DeSantis and his Republican allies who backed the legislation.

The Florida Supreme Court, in an additional ruling published on Monday, authorized a ballot initiative that sought to ratify the state’s Constitution provisions regarding abortion. In November, the outcome will be down to the will of the state’s electorate regarding the future of abortion access.

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Florida: Access Point Amidst Abortion Restrictions

Florida-supreme-court-upholding-15-week-abortion-ban-opens-door-for-stricter-law
The state’s highest court declared on Monday in favor of the 15-week abortion ban in Florida, rejecting a legal challenge that urged the court to vacate the ban.

For women residing in states that have significantly reduced access to abortion services as a result of state prohibitions, Florida has served as a crucial access point.

An estimated 4,950 additional abortions were performed in Florida between January and June 2023, in comparison to the corresponding period in 2020, according to data collected by the Guttmacher Institute.

As a result of women crossing state lines to obtain care, the data suggests that states abutting bans experienced an increase in abortions.

A temporary suspension of the prohibition was ordered by a lower state court in July 2022, declaring it to be in violation of the state’s constitution. In response to the state’s appeal of the judge’s ruling, the legislation was reinstated later that day.

Adopted by voters in the 1980s via a referendum, the privacy clause at issue, according to the plaintiffs who initiated the challenge, protects abortion rights.

 

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