What to know about Florida’s abortion law as Supreme Court looks to end Roe v. Wade
Following the leak of a Supreme Court draft obtained by Politico showing that the justices plan to strike down Roe v. Wade, you might be wondering what Florida’s law says about abortions.
Here’s what to know:
What is Roe v. Wade? What happens if it ends?
Roe v. Wade legalized abortion in the United States and constitutionally protects the right to an abortion before the the point of “fetal viability,” which is when a fetus can typically live outside the womb. When Roe was decided, fetal viability was around 28 weeks. although today it’s considered to be about 23 or 24 weeks, according to the New York Times.
The 1973 ruling also created “the framework to govern abortion regulation based on the trimesters of pregnancy,” according to the New York Times.
If the Supreme Court strikes down Roe v. Wade as part of their decision in Dobbs v. Jackson Women’s Health Organization, a case challenging Mississippi’s 2018 law banning abortions after 15 weeks, the decision would give states more power to decide their own abortion policy, including outlawing the procedure.
READ MORE: Was abortion illegal in Florida before Roe v. Wade?
“About half of U.S. states are already expected to ban abortion if Roe falls, according to the abortion-rights think tank Guttmacher Institute. Twenty-two states, largely in the South and Midwest, already have total or near-total bans on the books,” The Associated Press reports. “Aside from Texas, all are now blocked in court because of Roe. Thirteen states have so-called trigger laws, which would immediately ban abortion if Roe is overturned and would presumably go into effect if the Supreme Court majority votes for the draft in late June or early July.”
Politico notes that the 98-page initial majority opinion document, which was circulated in February, is still a draft, and the votes or wording could change by the time the final version is released, sometime in the summer.
On Tuesday, Supreme Court Chief Justice John Roberts verified the draft’s authenticity and ordered the court’s marshal to launch an investigation into the leak. He also said, in his statement, that the draft “does not represent a decision by the Court or the final position of any member on the issues in the case.”
What does Florida law say about abortions?
In April, Florida Gov. Ron DeSantis signed a bill banning most abortions in the state after 15 weeks of pregnancy. The new law, which takes effect July 1, will replace the state’s previous law that allows abortions until the third trimester — about 24 weeks of pregnancy.
Under the new law, there are no exceptions for pregnancies that are the result of rape, incest or human trafficking. Women can still have an abortion in Florida after 15 weeks of pregnancy if doctors determine the woman’s life or health is threatened, excluding psychological conditions, or if their baby has a “fatal fetal abnormality.”
The Florida Legislature passed the measure, House Bill 5, in March. It’s considered to be the strictest prohibition in Florida during the Roe v. Wade era, as the Miami Herald has reported. Florida’s new law is based on Mississippi’s 15-week abortion ban.
If Roe ends, Florida and other states would be able to create stricter abortion laws, or even outlaw the procedure.
Herald/Times Tallahassee Bureau staff writer Kirby Wilson contributed to this report.
This story was originally published May 3, 2022 at 1:04 PM.
