2 Major Abortion Rulings From Florida's Top Court

6-week abortion ban can go ahead, but so can ballot measure on abortion rights
By Rob Quinn,  Newser Staff
Posted Apr 1, 2024 4:40 PM CDT
2 Major Abortion Rulings From Florida's Top Court
Protesters hold signs as Barbara DeVane, of the Tallahassee National Organization for Women, speaks outside the Florida Historic Capitol, June 24, 2022, during a rally protesting the Supreme Court's overturning of Roe v. Wade.   (Chasity Maynard/Tallahassee Democrat via AP, File)

In two decisions Monday, Florida's Supreme Court ruled that one of the nation's most restrictive abortion bans could take effect—and that a measure that could overturn the ban can appear on the ballot in November.

  • The ban. The court ruled that the state's constitution does not protect abortion rights. The ruling not only upholds the state's existing ban on abortion after 15 weeks of pregnancy, it triggers a law prohibiting abortion after six weeks, the Washington Post reports, which is before many women know they're pregnant. The law, which includes exceptions for rape, incest, and fatal fetal abnormalities, is set to take effect in 30 days.

  • The ballot measure. The court ruled that Amendment 4 had met the requirements to appear on the ballot in November, CBS News reports. "No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider," the ballot measure states. It says parents or guardians will still need to be notified before a minor can have an abortion. "Before viability" is generally considered to be around 24 weeks, reports the New York Times.
  • DeSantis opposes measure. Florida Gov. Ron DeSantis, who appointed five of the court's seven justices, opposes the ballot measure, as does state Attorney General Ashley Moody, Politico reports. Moody argued Monday that its language, including its references to viability, was too vague. Chief Justice Carlos Muñiz, a DeSantis appointee, disagreed. "The people of Florida aren't stupid—they can figure things out," he said. "People can see for themselves whether it's too broad or vague."
(More abortion stories.)

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