Florida’s 15-week abortion ban was blocked. Now, it’s back. What’s happened, and what’s next?
A Leon County circuit judge temporarily blocked Florida’s 15-week abortion ban Tuesday morning. Less than an hour later, the state appealed to restore the policy.
This legal battle began after the Supreme Court overturned Roe v. Wade, ending constitutional protections for the procedure.
Here’s what you need to know right now.
What happened to the 15-week ban?
The 15-week ban is in place after the state’s appeal. Under the judge’s injunction, state abortion regulations reverted to the previous law. And that law stated that abortions could not take place after the third trimester, around 24 weeks. Florida also requires parental consent before a minor can get an abortion.
How does the 15-week ban work?
The law, passed by the Florida Legislature and signed by Gov. Ron DeSantis in April, banned most abortions after the 15th week of pregnancy. Pregnant women can still get an abortion if their health is threatened or if their baby has a “fatal fetal abnormality.” A pregnant woman is also required to wait 24 hours after a doctor’s visit to get an abortion.
Previous state law allowed abortions until the third trimester, 24 weeks of pregnancy. Exceptions were made in situations where the pregnant woman’s life was at risk or when she could experience “irreversible physical impairment of a major bodily function.”
Why did the judge block the ban?
Judge John C. Cooper said he found the ban unconstitutional because it violates the “privacy provision of the Florida Constitution” and “does not meet the standards of the three [Florida] Supreme Court cases” that have affirmed it. In a 68-page order, Cooper said the right to abortion is protected by Florida’s right to privacy, which is enshrined in the state constitution.
What’s next?
A spokesperson for DeSantis said the state appealed Cooper’s temporary injunction Tuesday. Last week, Bryan Griffin, Gov. Ron DeSantis’ spokesperson, said they believe the law would withstand all legal challenges.
Cooper’s temporary injunction was a short-lived victory for Planned Parenthood and abortion providers who sued to block the 15-week ban.
The case will be brought to the Florida Supreme Court. However, no hearing date has been set.
This story was originally published June 30, 2022 at 2:38 PM.
