Florida Supreme Court greenlights six-week abortion ban implementation and paves way for potential ballot referendum

The Florida Supreme Court on Monday found that the Sunshine State’s constitution’s privacy protections do not extend to abortion, which is the intentional killing of an alive human in a woman’s womb.

The ruling triggers a pro-life law, called the Heartbeat Protection Act, to go into effect as of May 1. The Florida law bans abortion after six weeks of pregnancy with exceptions for the life of the mother, rape, incest, and rare fatal fetal abnormalities.

John McCormack, Senior Editor of The Dispatch, broke down the ruling on X. “Florida supreme court upholds state’s 15-week abortion limit that has been in effect since summer of 2022; the ruling will trigger enforcement of the state’s Heartbeat Protection Act (six-week limit) in 30 days,” he wrote.

Writing in the majority opinion, Justice Jamie R. Grosshans touched on the constitutionality of the 15-week abortion limit law and a challenge by abortion mill Planned Parenthood, writing, “Based on our analysis finding no clear right to abortion embodied within the Privacy Clause, Planned Parenthood cannot overcome the presumption of constitutionality and is unable to demonstrate beyond a reasonable doubt that the 15-week ban is unconstitutional.”

Florida supreme court upholds state’s 15-week abortion limit that has been in effect since summer of 2022; the ruling will trigger enforcement of the state’s Heartbeat Protection Act (six-week limit) in 30 days.
https://t.co/1pif6ceBZo

— John McCormack (@McCormackJohn) April 1, 2024

“Florida’s Heartbeat Protection Act includes exceptions for cases of rape, incest, fatal fetal abnormalities, and to protect life of mother/avert serious risk to mother’s physical health,” McCormack added.

In a separate decision, the court said Florida residents can vote in November on whether to expand abortion access. The proposed constitutional amendment aims to guarantee a women’s “right” to an abortion under any circumstance up until around 24 weeks, or the woman’s six month of pregnancy.

However, as highlighted by McCormack, the amendment would actually expand abortion through all nine months in some cases.

“Florida Supreme Court allows November referendum that would create a right to abortion throughout all nine months of pregnancy,” he explained. “Amendment 4 would create [a] right to abort a viable unborn baby whenever a ‘healthcare provider’ (a term not limited to doctors) asserts a post-viability abortion is necessary to protect health (term not limited to physical health).”

Florida supreme court allows November referendum that would create a right to abortion throughout all nine months of pregnancy.

Amendment 4 would create right to abort a viable unborn baby whenever a “healthcare provider” (a term not limited to doctors) asserts a post-viability… pic.twitter.com/6hFxVSUmQP

— John McCormack (@McCormackJohn) April 1, 2024

Abortion activists in Florida and numerous other states are trying to cement the “right” to an abortion in the wake of the overturning of Roe v. Wade in June 2022.

Lauren Brenzel, the director of the “Yes on 4” campaign in Florida, celebrated the court’s ruling regarding the November ballot.

“This is a historic day in the fight for abortion access in Florida,” Brenzel said, according to The New York Times. “No longer will decisions about abortion be left between politicians disconnected from the realities of everyday Floridians’ lives.”

Related: Poll Shows DeSantis-Backed 6-Week Abortion Ban Has Gained Significant Support

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