Florida’s top court ushers in six-week abortion ban, but voters will have their say
Florida’s highest court has cleared the path for the enforcement of the state’s six-week abortion prohibition while also permitting voters to weigh in on the matter.
In a ruling that upholds the state’s existing 15-week abortion restriction, the justices have greenlit the imminent implementation of the subsequently enacted six-week ban.
Furthermore, the court has granted Floridians the opportunity to decide in November whether abortion rights should be enshrined in the state constitution.
Despite the majority of Americans supporting legalized abortion, there is also a significant portion favoring restrictions.
The potential inclusion of an abortion ballot initiative could mobilize progressive voters in a pivotal swing state, which has been leaning conservative in recent elections.
On Monday, Florida’s justices, predominantly appointed by Republicans, voted 6-1 in favor of the interpretation that the state constitution, specifically its privacy safeguards, does not extend to abortion access.
This ruling reaffirms the legality of Florida’s existing 15-week abortion ban, which was passed in 2022.
A year earlier, Governor Ron DeSantis, a Republican, signed into law a six-week abortion ban; however, this legislation was structured to remain inactive until the 15-week ban had overcome legal hurdles.
Following Monday’s ruling, the six-week ban can take effect within 30 days. Many women do not realize they are pregnant at six weeks.
Planned Parenthood, which runs clinics that provide abortions, and the American Civil Liberties Union were among the groups that filed the lawsuit challenging the ban.
In a separate ruling on Monday, the Florida Supreme Court decided 4-3 that a proposed constitutional amendment that would protect access to abortion in the state could be included on ballots this November when the US general election is held.
The ballot question will ask Floridians to vote ‘yes’ or ‘no’ to a statement that reads: “No law shall prohibit, penalize, delay or restrict abortion before viability or when necessary to protect the patient’s health.” Viability refers to when a fetus, or unborn child, might survive outside the uterus, which is usually around 24 weeks.
It adds that “this amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion”.
The ballot question was opposed by Governor DeSantis and Florida’s Attorney General Ashley Moody, also a Republican.
Ohio, Michigan and Kansas are among states that have passed ballot measures in favour of abortion rights since the US Supreme Court in 2022 overturned a longstanding nationwide right to abortion.
A constitutional amendment in Florida needs to be approved by 60% of voters – a higher threshold than in other states.
If it does pass, voters could effectively reverse both the 15-week and six-week bans on the procedure.
US President Joe Biden, a Democrat, reportedly believes Florida’s abortion debate could offer a path to victory for him in that state this November.
In a memo shared with NBC News, his campaign said Florida is “winnable” for the president if he campaigns on the issue.
Mr Biden’s Republican challenger, former US President Donald Trump, won Florida in 2016 and 2020.
