Florida Supreme Court Issues Dueling Rulings on Abortion Ban and Amendment

United States – The Florida Supreme Court handed down two rulings over the weekend, both being consequential to abortion rights. The first case, in which a 15-year-old abortion ban was upheld by the court, is a case in point about its constitutionality because the court ruled 6-1 in its favor. The act was passed in 2022, which would ban abortions after 15 weeks. At the same time a six-week ban spawned by the act passed last spring, as reported by HealthDay.

Impact of Six-Week Ban

The six-week prohibition abortions without any exceptions for incest, rape, fatal fetal defects, or medical emergency, is designed to limit the access of abortion in the southern states, as the Washington Post has reported.

However, the Court ruled in favor of the petition to be on the proposed constitutional amendment in November ballot which got an affirmation vote of 4-3. These amendments will impact the residents’ decision-making concerning abortion, leaving the residents free will to decide. In a term which wasn’t longer than nine months “Floridians for Freedom”, the campaign conducted by this organization gathered more than 1.5 million signatures according to the Post.

Supermajority Requirement

In order for the proposed amendment to get into the state constitution, it still needs to gain a supermajority of 60% in the assembly.

Political Responses

Florida Democratic Party Chair Nikki Fried emphasized the significance of the upcoming ballot decision, calling it the “last line of defense” for abortion rights. Conversely, abortion opponents, like John Stemberger of Liberty Counsel Action, celebrated the court’s decision, expressing their satisfaction with the outcome.

Ongoing Legal Battles

While the proposed constitutional amendment can be seen as one of the efforts to defend abortion rights, experts illustrate that the abortion battle still exists throughout Florida. Mary Ziegler, a professor of law, pointed the court’s indication as claiming that the new constitutional protection rights on abortion are the same to the case of the unborn, which may lead to more confrontations against the right of abortion even after the November vote.

Future Implications

Ziegler’s presentation illustrates the pro-life and pro-choice conflict, which will persist even with the outcome of the November vote or court ruling. The court’s word choice also seems to suggest that the fight over abortion rights in Florida is not over and either side can bring the case to the court again because the issue is complex and highly disputed, as reported by HealthDay.