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Thu Jun 22, 2023, 09:16 PM Jun 2023

One year after the Supreme Court's ruling on Roe, abortion law in Florida remains uncertain

One year after the Supreme Court's ruling on Roe, abortion law in Florida remains uncertain


Saturday marks one year since the U.S. Supreme Court overturned Roe v. Wade. The ruling eliminated federal protection for abortion, allowing states to make their own laws.

In Florida, abortion remains legal up to 15 weeks of pregnancy but a more restrictive six-week ban could take effect pending a case before the Florida Supreme Court.

Seven abortion clinics and physician Shelly Hsiao-Ying Tien filed a lawsuit in June of 2022, challenging the constitutionality of the state’s current 15-week abortion law.

In 1989, the state's highest court ruled that a privacy clause in the state's constitution extended to abortion.

But Ciera Torrres-Spelliscy, a law professor at Stetson University, says the makeup of the court is much different today.

"There are seven members of the Florida Supreme Court and five of them are DeSantis appointees,” she said. “Thus, court watchers anticipate that abortion rulings from this particular Florida Supreme Court is likely to be anti-abortion."

If justices uphold Florida's law, the 6-week ban would go into effect 30 days after that ruling. The court has not yet announced whether it will listen to oral arguments, meaning a ruling could come without a hearing.

Florida voters approved a constitutional amendment in 1980 to add language to the document, which says in part: “Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life.”
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