Florida

Florida Abortion Restriction Law Challenged With Lawsuit

The filing in state court alleges that the law violates a provision in the state constitution guaranteeing a person’s right to privacy, “including the right to abortion"

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Reproductive health providers sued Florida on Wednesday over a new law banning abortions after 15 weeks.

The filing in state court in Tallahassee from Planned Parenthood and other health centers alleges that the law violates a provision in the state constitution guaranteeing a person’s right to privacy, “including the right to abortion.”

“HB 5 radically curtails the ability of Floridians to make decisions about whether or not to continue a pregnancy and have a child, in violation of their rights under the Florida Constitution,” the filing reads.

States and the Department of Justice are waging court battles over the right to abortion that the Supreme Court outlined in Roe v. Wade. But in 1992, Planned Parenthood v. Casey, a key case that was less widely known, paved the way for some abortion restrictions - as long as they didn't meet the definition of an "undue burden." With help from Florida State law professor Mary Ziegler, we break it down in this LXplanation.

Gov. Ron DeSantis signed the 15-week ban into law in April, as part of a growing conservative movement to restrict access to the procedure after a leaked Supreme Court draft opinion signaled it would uphold a Mississippi law banning abortions after 15 weeks. The high court’s decision, expected this summer, could potentially weaken or overturn Roe v. Wade and make other legal challenges unlikely to succeed.

Florida’s law, which is set to takes effect July 1, contains exceptions if the abortion is necessary to save a mother’s life, prevent serious injury or if the fetus has a fatal abnormality. It does not allow for exemptions in cases where pregnancies were caused by rape, incest or human trafficking. Under current law, Florida allows abortions up to 24 weeks.

Copyright AP - Associated Press
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