TALLAHASSEE — Florida’s Republican Gov. Ron DeSantis and legislative leaders praised the U.S. Supreme Court’s decision Friday that overturned a woman’s right to abortion but stopped short of calling for a special session to ban it entirely.
Their immediate focus is on a legal battle in state court over the recently approved law banning most abortions after 15 weeks, which opponents say violates the Florida Constitution’s privacy provisions. But the leadership and political climate could be amenable to stricter regulations to come, such as a bill that bans abortions after six weeks.
“Florida will continue to defend its recently enacted pro-life reforms against state court challenges, will work to expand pro-life protections and will stand for life by promoting adoptions, foster care and child welfare,” DeSantis said.
Senate President Wilton Simpson, R-Trilby, praised the decision to return regulation of abortion “to the people and their elected representatives,” but didn’t say whether there will be a special session to explore further restrictions in Florida.
“As an adopted child myself, I am grateful for this decision. The court is finally righting a grievous wrong,” Simpson said in an emailed statement.
House Speaker Chris Sprowls, R-Palm Harbor, said he agrees that abortion should be decided by the states. “I have been and will always continue to be unmovable on the need to protect unborn life.”
But he, too, didn’t say if he would support a complete ban or a special session.
“In Florida, our attention must now shift to the state courts and the Florida Supreme Court as they evaluate HB 5 [the 15-week abortion law] and determine its constitutionality here — an additional hurdle present in our state,” Sprowls said.
Florida Democrats, however, expect their Republican colleagues will move quickly to make all abortion illegal.
“We can anticipate, given the behavior of the state’s Republican leadership, that Florida will soon ban all abortion,” said Rep. Kelly Skidmore, D-Boca Raton.
Several bills that have failed before have a strong chance of being reintroduced in the Legislature, said John Stemberger, president of the Florida Family Policy Council, which opposes abortion.
“I’m sure there will be at least two or three bills filed,” Stemberger said. “The one most likely to be successful with leadership will be a heartbeat bill that protects unborn children after six weeks of pregnancy.”
Thirteen states already have “trigger laws” that effectively ban abortions once Roe v. Wade was overturned. The decision sets the table for 37 other states to take up the matter.
Republican lawmakers in Florida have been attempting to do away with abortion or heavily restrict access to it for decades, but have been thwarted by the state’s own privacy clause in its constitution.
“We know many states will now seek to ban abortion, but it is important to recognize that the privacy clause in Florida’s state constitution still stands, and abortion is still legal in our state,” said Amy Weintraub, reproductive rights program director for Progress Florida.
The ruling also will likely become a political litmus test for Republicans and Democrats alike in the upcoming midterm elections for Florida governor, the U.S. Senate, Congress and legislative races.
“In Florida, for now, we still have a provision in our state constitution that protects abortion rights — although that is in question as well,” state Agriculture Commissioner Nikki Fried, a Democratic candidate for governor, said in a news release. “I promise that we will fight with everything we have to keep that from being overturned.”
Fried has already attacked U.S. Rep. Charlie Crist, a former Republican Florida governor turned Democrat who is making another run at the governor’s office, as weak on abortion rights.
Crist said he would sign an executive order protecting a woman’s right to choose the day he’s sworn into office.
He also called for the impeachment of Justices Neil Gorsuch and Brett Kavanaugh, both appointed by President Donald Trump.
“Today’s ruling makes clear that Justices Gorsuch and Kavanaugh lied to Congress when they testified, under oath, that in their view Roe v. Wade was settled precedent,” Crist said. “If perjury is found to have occurred, the correct remedy is impeachment.”
The Supreme Court’s 6-3 ruling arose from a court case challenging Mississippi’s 15-week ban on abortions, used as a model for Florida and several other states. The court upheld Mississippi’s law, but that state doesn’t have Florida’s constitutional privacy provision.
The Florida Supreme Court interpreted that provision as protecting a right to abortion in a 1989 ruling. Since then, the state Supreme Court has become more conservative, with DeSantis appointing three of the seven justices.
“Today, abortion is still safe and legal in Florida. But make no mistake – this decision goes beyond abortion,” said Alexandra Mandado, President and CEO, Planned Parenthood of South, East and North Florida. “This is about who has power over you, who has the authority to make decisions for you, and who can control how your future is going to be.”
DeSantis signed the 15-week ban into law at a Kissimmee church in April, telling the audience, “We’re here today to protect life. We’re here today to defend those who can’t defend themselves.”
It is set to take effect next week on July 1.
Staff writer Kate Santich contributed to this report.
