Florida: Heads and Tails of the Supreme Court on abortion

The High Court gives the green light to the ban on abortion after 6 weeks, but allows a referendum in November that could enshrine it as a right until birth.

Published by

Israel Duro

2 de abril, 2024

Topics:

The Florida Supreme Court ruled last Monday in favor and against life without a solution of continuity. The High Court gave the green light to the law that prohibits abortion after 15 weeks, which opens the way to unblock the subsequent rule that would prevent it from six weeks - heartbeat law. However, the justices allowed for Floridians to vote in November in a referendum on an ambiguous premise that could enshrine it as a matter of law in the state Constitution until the moment of birth.

Green light for the rule after rejecting Planned Parenthood's appeal

With the only vote against the judge Jorge Labarga -which issued a statement explaining why it dissents from the majority-, the Supreme Court ruled that Planned Parenthood -the plaintiff- cannot prove its arguments that abortion was protected by the Privacy Clause of the Florida Constitution (art. 1 Section 23), which allows the rule to go forward.

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.

The heartbeat law, in force from May

This decision opens the door to the entry into force of the Heartbeat Law, signed by Governor Ron DeSantis last year, and which increases the prohibition of abortion, by preventing it from the sixth week, which is when the heartbeat of the fetus can be perceived. According to the ruling's forecast, this rule would come into force as of May 1.

A decision celebrated by pro-life groups, such as SBA Pro-Life, which, through the director of State Policy, Katie Glenn Daniel, urged DeSantis to "be at the forefront of protecting Florida against big business's attempt at abortion eliminate the rights of unborn children":

Today’s victory for unborn children who have a heartbeat and can feel pain is in line with the views of the majority of Floridians who want to protect babies and serve mothers and families. As Florida faces what may be its biggest ballot fight yet, Gov. Ron DeSantis must be at the forefront of protecting Florida from Big Abortion’s attempt to eliminate the rights of unborn children, parents, women, and girls. Gov. DeSantis signed protections for babies who feel pain and have a heartbeat into law and now he must lead in defending those protections.

A pyrrhic victory against abortion?

However, this notable victory could turn into a pyrrhic one as a result of a second ruling by the High Court on abortion. In this case, for a tight 4-3. Curiously, and in the face of traditional feminist arguments that abortion is a women's decision, without men having a voice, it was the 4 male judges of the Supreme Court who will allow the controversial question that could enshrine it as a state constitutional right be voted on in the November elections. The three judges voted against and expressed a vote in which they dissented from the majority.

Abortion groups, led by the large abortion multinational, Planned Parenthood, did not trust their positions to appeal against the law, but instead collected signatures to bring to a state referendum a constitutional amendment to include it as a right in the state Constitution in the elections of November. With a deliberately ambiguous text, if it obtains the support of 60% of voters, the initiative could render the laws recently supported by Justice worthless, since it could allow abortions up to the moment of birth.

No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.

Florida attorney general criticizes that "they will confuse voters"

It was precisely the ambiguity of the text that led Florida Attorney General Ashley Moody to file an appeal to invalidate the vote. After the Supreme Court's ruling, Moody lamented that voters will be confused by the texts, and announced that she will work to "educate" them.

"It will bring back dangerous late-term abortions"

Also pro-life groups expressed their disappointment, highlighting that, if it goes ahead, "this measure will not only bring dangerous late-term abortions back to Florida, but it will allow girls who are not old enough to pierce their ears themselves have an abortion without parental approval," in the words of SBA Pro-Life.

We must oppose Prop 4. Not only will this measure bring dangerous late-term abortions back to Florida, but it will allow girls who aren’t old enough to get their ears pierced on their own get an abortion without a parent’s okay. Those girls and the women who have abortions will be put at risk when this measure eliminates every abortion health regulation on the books. In a state where 25% of abortion centers failed inspections it’s no surprise they want to be completely unregulated to increase their profits at the expense of women, girls, and babies.

In a statement, the organization, which has more than a million people throughout the nation, indicated that it explained to the Court, through a amicus curiae, "the amendment’s deceptive use of the word 'viability' while at the same time allowing abortion in the third trimester as long as an abortionist approves." Furthermore, the text denounces that." Last month, paid signature gatherers for the pro-abortion amendment were arrested for submitting fraudulent signatures" and that one in every three dollars raised by the amendment's proponents "come from the abortion industry, which will directly benefit from the expansion of late-term abortions."

Abortion defenders celebrate the approval of the referendum

On the contrary, Planned Parenthood and those close to it were quick to celebrate the second ruling - ignoring the first - on social media, calling for mobilization to move the initiative forward.

Democratic politicians throw themselves into the abortion campaign

The open door to the referendum has encouraged Democratic politicians to announce a campaign to push the amendment forward and "show the GOP they are out of step with America," in the words of Gavin Newsom. The governor of California was quick to upload a post to his X account asking for donations to help pro-choice activists overturn state legislation.