Florida Supreme Court denies request to temporarily halt 15 week abortion ban

Published Jan. 24, 2023, 12:10 p.m. ET | Updated Jan. 24, 2023

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TALLAHASSEE (FLV) – The Supreme Court of Florida issued a ruling Monday evening denying Planned Parenthood and other abortion providers’ petition to temporarily halt the 15 week abortion ban during a court battle.

The 4-1 decision did not explain the majority’s reasoning. Chief Justice Carlos Muniz and Justice Renatha Francis did not vote.

The court still must rule on the constitutionality of Florida’s abortion law, signed by Gov. Ron DeSantis last year.

DeSantis’ office said of the ruling, “we are better when everybody counts.”

“The Florida Supreme Court denied both of Planned Parenthood’s emergency motions asking the Court to block Florida’s law from taking effect. The Court also accepted jurisdiction of the case and set a briefing schedule. From here, we will continue to defend our pro-life protections,” they said. “The Declaration of Independence enumerates three unalienable rights: life, liberty, and the pursuit of happiness–and we stand for all of them.”

The law holds that abortions are banned after 15 weeks unless two physicians certify in writing that, in reasonable medical judgement, the termination of the pregnancy is necessary to save a pregnant woman’s life or stop her from facing irreversible physical impairment other than a psychological condition. 

Other exceptions are allowed if two physicians certify in writing that in reasonable medical judgment the fetus has not achieved viability (defined under Florida Statute 390.01112) or that the fetus has a fatal abnormality. 

A single physician can certify an abortion in an emergency if the above criteria is followed and another physician is not available. 

Last year, after Judge John Cooper of the Leon County Circuit temporarily injuncted the law, the 1st District Court of Appeals tossed it out saying plaintiffs did not show “irreparable harm.”

Planned Parenthood is the main organization involved, aiming to get Florida’s law struck down.

The ongoing legal battle has yet to be decided, and the Republican-controlled legislature and executive may be looking towards more “pro-life protections” in the wake of Roe v. Wade being overturned.

Editor’s note: This story was updated to include a statement from Gov. Ron DeSantis’ office.

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