Florida's new 6-week abortion ban can't yet go into effect: Here's why

TALLAHASSEE, Fla. — Moving quickly on what supporters call the “Heartbeat Protection Act,” Gov. Ron DeSantis late Thursday signed a bill preventing abortions in Florida after six weeks of pregnancy.

The tighter restrictions follow a 15-week abortion limit signed into law last year, which did not include exceptions for rape, incest or human trafficking.

Under the current law, a pregnancy cannot be terminated after 15 weeks unless the mother is at serious risk or a fatal fetal abnormality is detected. Two physicians must confirm the diagnosis in writing.

Planned Parenthood and other abortion rights groups sued to overturn the law. The case is currently before the Florida Supreme Court, which declined to block the law in the meantime.

THE QUESTION

Can Florida’s six-week abortion limit take effect while the current 15-week ban is being challenged in court?

THE SOURCES

• Florida SB 300
• Florida Constitution
• Florida Supreme Court ruling re T.W. - 551 So. 2d 1186 (1989)
• Lou Virelli, constitutional law professor, Stetson University

THE ANSWER

No, Florida’s six-week abortion limit cannot take effect while the current 15-week ban is being challenged in court.

WHAT WE FOUND

Florida’s six-week abortion ban will take effect only if the state’s current 15-week ban is upheld in an ongoing legal challenge that is before the state Supreme Court, which is controlled by conservatives.

Seven abortion clinics and a physician filed a lawsuit arguing the 15-week limit violates a privacy clause in the Florida Constitution that has protected abortion rights since a 1989 Supreme Court decision.

Republicans have long argued that the privacy clause was never intended to protect abortion rights and that the Supreme Court should back away from legal precedents on the issue. If that happens, the six-week limit would be able to move forward.

Lou Virelli, a Stetson University constitutional law professor, explains the Florida Supreme Court’s decision will come down to three main choices:

1. Leave things as they are, maintaining the right to an abortion through 24 weeks.
2. Eliminate the right to an abortion in Florida and allow all regulations and restrictions, including outright bans.
3. Uphold the 15-week ban by reinterpreting the state’s privacy clause or making a distinction between 15 weeks and other restrictions.

The new six-week ban would take effect 30 days after the Florida Supreme Court either upholds the 15-week ban or reinterprets the privacy clause, according to the text of the statute.

Also, if Florida were to amend the state’s constitution to say the privacy clause does not apply to abortion rights, the six-week restriction would take effect 30 days later.

It is unclear when the court will rule on the challenge, though it probably will be after the legislative session.

The Associated Press and News Service Florida contributed to this report.