Florida Supreme Court to hear challenge to 15-week abortion ban
The Florida Supreme Court has accepted to hear a legal challenge against the state’s abortion law, which restricts access after 15 weeks.
Governor has high stakes in a law review. Ron DeSantis is a leading contender for the GOP presidential nomination. He has indicated that he will wait for court cases to play out before seeking further abortion curbs for conservatives in the state.
While the Florida Supreme Court accepted the case by Planned Parenthood and the American Civil Liberties Union as its own, it declined to stop the law being applied while it considered the case. The lawsuit claims that the state constitution’s privacy provision prohibits the ban on abortions for 15 weeks.
Whitney White, staff attorney at the ACLU Reproductive Freedom Project, stated that while we were pleased that the court did not close its doors, it was disconcerting that this ban has been allowed to continue in effect and to cause harm to real people every day until the case is resolved. “We hope the court will quickly follow 40 years of precedents and the will to the people and stop this unconstitutional 15 week abortion ban that has caused havoc and destruction in the state since July.
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The decision by the state Supreme Court to hear the case comes five years after Judge John Cooper of Leon County Circuit Court revoked a temporary injunction that was placed on the law. Cooper claimed it violated the state constitution.
Last year, the 15-week abortion ban was adopted. It prohibits abortions within 15 weeks of pregnancy. There are exceptions for the life and safety of the mother. There are no exceptions for incest or rape. Health care providers who break the law could spend up to five years behind bars.
If the state Supreme Court affirms the ban on abortion for 15 weeks, it will allow legislators to restrict abortion rights further in the state.
In his tenure, DeSantis has appointed three conservative justices on the state Supreme Court. His administration previously stated that he will wait for the court challenge before proceeding with additional legislation to restrict abortion access earlier in pregnancy.
Christina Pushaw, a spokesperson for DeSantis, stated that “our future legislative action must depend on the resolution of those legal issues.” She spoke to CNN last year. “We remain in constant contact with the legislature throughout this litigation, and we look forward for future policy plans to protect the unborn.”
Some state legislators have expressed an interest in introducing additional legislation on abortion later in the year. The state’s anti-abortion activists have asked the governor and legislature for legislation that would restrict abortion at conception.