The Florida Supreme Court made two important decisions on Monday. First, they ruled to uphold a 15-week ban on abortion in the state, which also means that a six-week abortion ban with exceptions will take effect. Second, they allowed a proposed amendment that would protect abortion rights to be placed on the November ballot. Republicans in Florida have been working to restrict access to abortion since the U.S. Supreme Court overturned Roe v. Wade almost two years ago.
Governor Ron DeSantis signed a 15-week abortion ban in 2022, which was quickly challenged in court. Just before announcing his presidential campaign in April 2023, he signed a six-week ban, which was also challenged. The state Supreme Court had previously ruled to block the six-week ban until they decided on the 15-week ban. In their ruling on Monday, the justices upheld the 15-week ban and stated that the six-week ban would take effect in thirty days.
The court’s decision to allow the proposed amendment on the ballot means that Florida voters will have a chance to determine whether to keep the six-week ban in place. The justices approved the proposed amendment based on their responsibility to ensure that ballot measures are clear and not misleading. The amendment would bar restrictions on abortion before fetal viability, around the 24th week of pregnancy, and includes exceptions for the patient’s health determined by their healthcare provider.
Allowing the measure to appear on the ballot could have political implications, potentially driving turnout among Democrats and supporters of reproductive rights. This could have an impact on key races in Florida, including the presidential and U.S. Senate races. Pro-abortion rights groups in Florida are part of a national effort to put abortion protections directly in the hands of voters in 2024. Despite the conservative makeup of the Florida Supreme Court, they ultimately approved the proposed amendment to appear on the ballot.
The court’s review of the proposed amendment faced opposition from anti-abortion conservatives, including State Attorney General Ashley Moody, who argued that the ballot language was designed to mislead voters. Despite tough questioning during the review process, the court ultimately upheld the proposed amendment. This decision allows voters in Florida to have a say in expanding access to abortion and reproductive rights. The court’s decision to approve the proposed language was the last major obstacle for the measure to appear on the ballot this fall.
The rulings by the Florida Supreme Court on the abortion bans and the proposed amendment highlight the ongoing battle over reproductive rights in the state. With the court’s decision allowing voters to weigh in on the issue, the future of abortion restrictions in Florida will be in the hands of the voters. This decision comes at a time of heightened focus on reproductive rights across the country and underscores the importance of state-level decisions on this issue.
