Florida advocates of legal abortion cheer rare victory. Foes say they’ll win in the end
Florida advocates for legal abortion won a respite Thursday from the parade of bad news for their cause after a judge in Leon County said he would block implementation of a 15-week abortion ban just a day before the law was scheduled to go into effect.
But supporters of the law believe they will win in the end.
It was the latest twist in a week of dizzying, fast-moving developments in the fight over abortion, which began with the Supreme Court overturning Roe v. Wade. The ensuing days have seen some states outlaw abortion entirely through previously passed “trigger laws” and others hastily enact policies to ensure abortion remains legal in their jurisdictions. Florida clinics were whipsawed by what promised to be a dramatic curtailment in abortion rights — the reduction in the threshold to 15 weeks from 24 — at the same time women were heading south to Florida because of total bans in their home states.
Danielle Tallefuss, who previously terminated her pregnancy at 23 weeks when her child was diagnosed with hypoplastic left heart syndrome (HLHS), said she’s glad women can continue having 24-week access to abortions as she did while the lawyers in the case argue the constitutionality of the law.
“It’ll give our community some time to regroup and plan the best steps forward to fight this ban,” she told the Herald Thursday.
John Cooper, the Leon County circuit judge who ruled Thursday, said the injunction blocking implementation would not go into effect until the order was signed and that this would not happen Thursday, meaning the law will likely go into effect Friday, if only briefly.
“We’re glad the court recognized Florida’s abortion [bill] is a cruel attack on people’s health, futures, and state constitutional rights,” said Whitney White, staff attorney, American Civil Liberties Union (ACLU) Reproductive Freedom Project, one of the plaintiffs.
In addition to changing the cutoff from 24 weeks to 15, the new statute (HB 5) does not make exceptions for cases of rape or incest, although it does allow a pregnancy to be terminated to save the life of the mother or prevent serious injury.
The state is expected to appeal the decision to the Florida Supreme Court and supporters of the 15-week provision are hopeful the court will ultimately uphold the law.
“We view the ruling as a misinterpretation of the privacy clause to provide a fundamental right to abortion,” said Christie Arnold, the associate for social concerns and respect life for the Florida Conference of Catholic Bishops. Florida is one of the few states that has a privacy clause in its constitution, which — in addition to the now-overturned Roe v. Wade — has provided a foundation for legal abortion.
The anti-abortion organization Broward County Right to Life also firmly believes the court will uphold the 15-week ban. Tewannah Aman, executive director of the organization, said the fact that Gov. Ron DeSantis has been able to place three conservative justices on the court gives her confidence the court will choose to “protect life.”
“We believe that [the 15-week ban] is going to be upheld based on the fact that [abortion past 15 weeks] should never have been legalized,” Aman said.
Kelly Flynn, president and CEO of A Woman’s Choice clinics, another plaintiff in the case, was less confident in a written statement.
“While Floridians may soon be able to breathe a sigh of relief, make no mistake, abortion access is in real peril in our state,” she said. “Already, lawmakers have made it incredibly difficult for our patients to access the essential healthcare they need and for us to provide that care.”
“There has been chaos and confusion among patients since the Supreme Court overturned Roe v. Wade. We cannot let Florida turn the clock back. Our patients shouldn’t have to worry if and when they can access abortion care, and we will continue to fight to protect their health and lives,” Flynn said.
