The astonishing radicalism of Florida’s new ban on abortion
S E E D E D C O N T E N T
In spring 2022, just months before the US Supreme Court overturned Roe v. Wade , Republicans in Florida passed a law banning abortion after 15 weeks of pregnancy, down from the previous legal threshold of 24 weeks. It took effect that summer, but advocates for reproductive rights challenged it in state court as unconstitutional.
One year later, Republicans in Florida took even more aggressive action against reproductive freedom: Gov. Ron DeSantis signed a new bill to restrict abortion at six weeks of pregnancy. But the fate of that law rested on what the court would decide about the 15-week ban. If it decided that ban was legal, the six-week ban would be, too.
This week, nearly two years after challengers first filed their lawsuit, the Florida Supreme Court finally issued its ruling: The 15-week ban is constitutional under state law, and therefore the six-week ban will take effect in 30 days, on May 1.
In practical terms, six weeks is a total ban. Many people do not even know they’re pregnant by then. Even if they are aware, Florida requires patients seeking abortions to complete two in-person doctor visits with a 24-hour waiting period in between, a challenging logistical burden to meet before 15 weeks and a nearly impossible one before six.
Not only will the six-week ban decimate abortion access for Florida residents, but it will also significantly curtail care for people across the South, who have been traveling to Florida from more restrictive states since Roe was overturned. According to the Guttmacher Institute, a reproductive health research group, there were 8,940 more abortions in Florida in 2023 compared to 2020—a 12 percent increase that researchers attribute largely to travel from out-of-state patients. Residents of Florida’s bordering states face either a total ban (Alabama) or a six-week ban (Georgia).
More broadly, the Guttmacher Institute has found that six-week bans have massive impacts on the provision of abortion. In South Carolina, the number of abortions provided in the formal health care system decreased by 71 percent the month after the state started enforcing a six-week ban on abortions in 2023. Prior research found declines of close to 50 percent in abortion caseloads in Georgia and in Texas after their six-week bans went into effect.
Florida’s six-week abortion ban is particularly restrictive
When the six-week ban takes effect next month, Florida will become one of the most restrictive states in the country on abortion access.
Florida’s law not only bans abortion after six weeks but also bans abortion by telemedicine and requires any medication abortion to be dispensed in person, which effectively outlaws mail orders of the pills. (Researchers have affirmed there is no medical need for abortion pills to be administered in the physical presence of a health care provider.) At the time it was passed, no other state had a six-week ban with a requirement for two in-person doctor visits and no option for telehealth.
While the law includes exceptions for rape and incest, it requires anyone claiming those exceptions to provide a copy of a police report, medical record, or court order — even though victims often do not involve law enforcement. The executive director of the Florida Council Against Sexual Violence has called these exceptions “meaningless” and “harmful.”
Six weeks is simply not enough time for the vast majority of people to get abortion care, especially if remote options are off the table. In medical terms, pregnancy is measured from the date of the last menstrual period, not from the date of conception, and up to 25 percent of women don’t have regular menstrual cycles, meaning a missed period wouldn’t signal anything unusual. It can take at least three weeks for a pregnancy hormone to appear on a home pregnancy test, and while blood tests can also confirm pregnancies, Florida health care professionals testified that it can take weeks to months to get an appointment with an OB-GYN, with wait times particularly long for low-income and Black Floridians.
Once a pregnancy is confirmed, a patient, under Florida law, would need to schedule an ultrasound with an abortion provider. Scheduling these appointments takes even more time. Annie Filkowski, the policy director of Florida Alliance of Planned Parenthood Affiliates, told Vox in 2023 that wait times at their clinics average about 20 days.
These barriers would prove virtually insurmountable for most people, and even harder for minors in Florida, who are required by law to either get parental consent to end a pregnancy or petition a judge to bypass their parents.
The Republican state senator who sponsored the six-week ban, Erin Grall, conceded a teenager would be unlikely to go through that legal process within six weeks. “I think the purpose of this bill is to say that when there is life, we are going to protect it,” Grall said.
“There are 4.6 million women of reproductive age in Florida, along with trans and nonbinary people who may need an abortion,” said Kelly Baden, the vice president of public policy at the Guttmacher Institute. “With the regional clustering of bans in neighboring and nearby states, Floridians will have to travel across at least two state lines to get care after six weeks.”
Kris Lawler, the board president of the Tampa Bay Abortion Fund, announced Monday that their network stands ready to help people access care in the wake of this decision. “Abortion is essential healthcare, and while they might make it significantly harder to do so, no politician can stop us from accessing our basic right to abortion,” they said.
Florida provides critical reproductive health care for people throughout the South
The abortion bans in Florida will add strain to an already restrictive landscape that people in neighboring states like Louisiana, Mississippi, and Alabama have been contending with since the overturn of Roe.
When the six-week ban takes effect, people in the South will need to travel even farther for care. In 2023, North Carolina reduced access to legal abortion from 20 weeks down to 12, and also passed rules requiring patients to make two in-person doctor visits, with a 72-hour break in between. The only Southern state that allows abortion past the first trimester is Virginia, and beyond that the closest options are Washington, DC, and Illinois.
Total incidence of abortion has actually gone up since the overturn of Roe v. Wade , but an underlying reason is because travel out of state for abortion has also gone up, offsetting some of the newer restrictions in states with bans. Yet such travel is difficult and expensive, and it’s no guarantee that every patient looking to end a pregnancy will all be able to make a trip that’s hundreds of miles longer than before.
Florida voters could overturn the bans in November
One glimmer of hope for people in Florida and the entire South is a second ruling the Florida Supreme Court issued on Monday : A ballot measure to protect abortion access in the state can move forward.
The measure, which would require support from at least 60 percent of Florida voters to pass, would amend Florida’s constitution to protect abortion rights up to the point of fetal viability, or typically between 22 and 24 weeks of a pregnancy. Voters will have the opportunity to weigh in on this question in November.
Past polling indicates extreme abortion restrictions are not supported by the Florida public. In one survey conducted by Florida Atlantic University, 67 percent of Floridians said abortion should be legal in all or most cases, while just 12 percent supported a total ban. Another survey from 2023, led by the Public Religion Research Institute, found 64 percent of Americans backed abortion in all or most cases.
All seven ballot measures that have been advanced to protect abortion rights since the fall of Roe have passed. But those in red and purple states like Montana, Kentucky, Kansas, and Ohio did not have to reach a 60 percent threshold, receiving backing between 52 and 59 percent. Advocates for abortion rights expect the Florida campaign to be particularly expensive, running upwards of $100 million.
“It has never been more essential that the right to abortion be enshrined in the state constitution to protect access for Floridians and that we elect federal champions to protect the right to abortion at the national level,” said Reproductive Freedom for All President Mini Timmaraju. “We’re committed to working beside our partners on the ground to ensure that happens.”
Laura Goodhue, executive director of the Florida Alliance of Planned Parenthood Affiliates, said the Supreme Court’s decision “paves the way for Florida voters to stop these ridiculous abortion bans once and for all.”
Update, April 2, 2024, 3:35 pm: This story was originally published on April 5, 2023, and has been updated multiple times. Most recently, significant changes were made following the Florida Supreme Court’s ruling that the 15-week abortion ban is constitutional.
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DeSantis has succeeded, he's taken us back to the 1950's.
trump said he'd release a statement soon. probably after he releases his tax returns and his newer, cheaper healthcare plan.
I wouldn't hold my breath for anything sensible from Walking Eagle.
meh, I hold my breath when I see him on TV...
Comments deleted for bringing up an old article with spammy remarks. Knock it off. Only warning.
Were things that backward and primitive in the 1950s? The first time I went to Florida it was in the early 1950s. I can remember a separate water fountain in a department store with a sign saying "COLORED ONLY" and when I went to my favourite spot in the bus to sit at the back the driver demanded that I come up front, but I didn't, so he said he would not drive until I did, and the people up front started yelling at me so I had to acquiesce. I guess I was pretty naive about absence of civil rights, having come from Canada where there were no such things happening. (A side note: Why is the word "naive" red-underlined? How do Americans spell it?) Anyway, continuing - I hope that what the Florida government has gone and done with this will be their swan song before experiencing the effect of having committed suicide.
Why is the word red-underlined?
I don't know for sure but my guess its because its COLORED-ONLY!
I didn't know you were an etymologist.
I'm not.
(I've never really liked insects-- let alone wanting to actually study them. Yuk!)
Yeah, ety, ento, what's the difference anyway?
I read a clever word play meme on FB regarding ety and ento mology - pretty funny - and admittedly I didn't get it until I looked up the meanings of the words, and I just love words and the English language and wordplay and reading . . . I'm rambling on . . . but funny Buzz!
I knew the meaning of entomology - but it's true, if you want, you learn something new every day.
Could it be that DeSantis is running folk out of Florida just to save their lives from the coming AGW spawned much more powerful hurricanes?
What a nice guy!
Florida’s population increased by 1.9% in 2022. In 2023, Florida’s population increased by 1.6%.
So the increase has slowed down as unwanted births increase
and retirees that can still afford to, flee to areas with a cheaper cost of living.
No, the increase from 2020-2021 was 1.1%.
So are you arguing that they need to pass legislation making abortions legal?
Or if the population keeps increasing at those rates . . . perhaps even making it mandatory?
No argument, just some facts.
They admit that their 6 week limit will act as a total ban.
It will take 60% of the vote to pass the ballot measure to protect abortion access. Is that possible in Florida?
pro-choice is running at 62% among voters in florida in the most recent poll I've seen...
That's encouraging.
Yet they keep electing a far-right wing fascist as governor.
giving away free everglades air boat rides to elected republicans is always an option...
free swamp swimming lessons ...
Here's hoping. A 6 week limit is just a "limit" in name only, when in actuality it is as good as a ban.
Has any abortion "ban" been passed when it has been put up to the voters instead of just GOP majority lawmakers?
This is Florida we're talking about. Florida voters did elect DeSantis after all.
Thus, my concern.
Mine too. Florida, the state where the sun gives you a tan and melts your brain
Flori-duh
Facts!
You think Florida is redder than Alabama?
It's close. Florida is definitely competing for the title.
Many women don't even know that they are pregnant until the third or fourth week. Some even longer.
Yep, some women are very irregular and go months without having a period anyway . . .
Yes, it is possible, G. The poll I saw stated that was at 62%.
Assuming the measure does pass by vote, I wonder if lawmakers will attempt to enact new legislation in an attempt to get around the measure? Some anti abortionists seem rather vindictive like that.
Good. Let's hope that all of those polled actually vote.
That would help get the measure passed. lol
Kansas legislators are attempting to impose new restrictions and other anti-abortion measures in spite of the vote for a constitutional provision protecting abortion rights.
It may seem obvious, but what percentage of people polled actually vote? We know that Americans have notoriously low turnout numbers.
Based on their past votes I'm sure that they will, Gordy.
Do these legislators even care about what their constituents want?
not after they've been elected, and then declare a mandate by the voters, to do whatever their largest contributors want them to do...
They only care about what their narrow group of base voters want.
A clear indication they do not care about what voters want and are just on a power trip.
That's the problem.
... combined with a complete lack of comprehension regarding mathematics.
While they are conservative on some issues, polls consistently show that most people don't want Big Government interfering in their lives by dictating their personal healthcare decisions!
Biden - Harris - 2024
Republicans appear to be determined to self destruct. None of their policies are supported by the majority of voters.
too bad they're not doing it on an individual basis...
To make sure they can comply with this law Floridia should be willing to pay for a doctor appointment for every woman of childbearing age every week and require they be given paid time off from work and provided free transportation.
Meaningless and harmful?!?!?!? Why not talk to the survivors and ask them if those exceptions are meaningless and harmful
I see a lot of abandoned babies turning up in Florida
The vagina police - JFC - reminds me of the FB meme from the other week - if women's vaginas shot bullets they wouldn't try to regulate them then
And condoms would be made out of kevlar
yeah but most of maga can only return fire of 1 shot every 2 hours, without a prescription, if they're in shape...
which in turn fuels their desire for semi-auto firearms...
The solution for Florida women is obvious. Schedule a standing weekly appointment for an abortion. That way if your method of birth control happens to fail you have a backup. Belt and suspenders. Absolute birth control is expensive in Florida.
and the state must pay for it and provide doctors and staff on standby and fund the clinics to enable everyone to comply with their law
While i agree with a womans right to choose that is ridiculous, Does the state have to provide transportation because they have drunk driving laws?
if the state is going to assume parental responsibility for the unborn, they need to financially support them.
“While i agree with a womans [sic] right to choose…”
…your saying such is what is ridiculous. [deleted][✘]
Another spurious argument, they aren't assuming parental responsibility. that aside, if the parent is stupid enough to have a child they can't afford the state does have programs to support them.
They are creating a no win situation in a preverbal Nanny State.
Perhaps they should amend the law requiring sex for reproduction only and to make sure no one is having any fun require cameras in every bedroom, hotel room and "nail salon" across the state.
I have two kids even though we were using birth control. My kids are in the same boat with a total of five grandkids. Birth control is not always effective, and that doesn’t make one stupid. Stupid is the person who doesn’t get that.
I used to work with a woman who had five children WHILE ON BIRTH CONTROL.
Also, quite awesome rebuttal and truthful.
The state should be willing to cover costs for passing stupid laws
Abortion is cheaper, for both potential parent and the state.
Actually it isn't, George. The state has taken away their right of choice which gives them no choice but to have the child and bear all responsibility for the child whether they can afford the child or not.
Florida is the 3rd worst state for single parents in the country and there is no paid family leave in Florida.
Over 40% of children in Florida live in a single parent household that is close to 1.5 children.
Florida Continues to Rank Poorly on Child Well-Being
George, both you and I and the world knows that there are many children born that were not part of an act of recreation. So let's drop that nonsensical arguement.
That comment is intellectually lazy on your part, you created an argument that I never made than dismissed it.
Spell check changed procreation to recreation...LOL now that changed the meaning it should read ''many children born that were not part of an act of procreation''....
Not intellectually lazy at all, in fact as my nookomis (grandmother) said on many occasions ''besides Animiki (granny called me that it means Little Thunder) having brass balls that boy got some niinindib (lots of brains) shinob, (same as vato)
No one in their right mind argued with Nookomis she would let the Wiindigo loose on you.
Much better LOL, And i'm pro-choice and Florida's law is over reaching in my opinion, but demanding the state provide medical check-ups and support the children is just ridiculous.
I've never, ever, in my life, had sex to procreate, and I have 3 grown children. I guess their mother had a different idea.
Nope, this is where your rightwing logic, if you can call it that, completely breaks down. The relatively low societal costs of providing basic support and healthcare to society's poorest children is nothing compared with the societal costs of lifetimes of ill health, dependency, disability and associated non-productivity...
I'm pro choice as well and Florida is way overstepping their bounds with this law. Think about it this way, George. Florida has one of the worst situation for single parents and also poor parents, the foster care system is a fricking diaster. Now we have some ding dong politicians making it impossible to have an aberration in Florida, IMO they with their so called moral authority have decided to make a bad situation worse. That being the case they have a responsibility right on their heads and it's time for them to man up or women up.
Nookomis said to tell you don't mess with Animiiki cuz I'm her favorite grandchild beside being wonderful, smart (I'm a member of Mensa Plus - we are a digit higher) and also a charter member of El Pachuco - Boyle Heights and the Low Rider Club of Atlantic Blvd. Also a part time thespian and have played El Pachuco in the play Zoot Suit at the Mark Taper. See, I'm not Mexican the vato's call me El Indio that means ''the Indian''...
Cool eh ese?
Baamaapii (until later)
Yes, if the state is stupid enough to prohibit them from fixing the problem, then all costs are on the state.
Yeah...
Politicians don't think that way
Move to California.
Those opposed to abortion must think mistakes should not be corrected. Pencils have erasers for a reason.
And the one making the "mistake" should be punished for it. Cruelty is the point of abortion restrictions.
biblical caste...
the anti-choice crowd really only wants to save the unborn with 2 white parents, but they obscure that with religious dogma.
problem is that 2 white parents deserve to have the choice as much as all the others,
you'll never get past the gates of thumper heaven with that attitude mister...
but don't worry, the place is empty inside...
"How to turn a red state blue for a thousand Ken?"
this is one of the reasons radical rwnj's want to take away women's voting rights...
I saw some thumper author on TV claim that giving women the right to vote has led to all of our problems today...
... which cemented the probability of him being an adulterer and child molester.
... at least their online churches can't get burned to the ground.
but being hacked is a distinct possibility, sometimes with hilarious consequences...
Don't it make my red state
Don't it make my red state
Don't it make my red state BLUE
Ladies, if you don't already know, the aboretion ban is purely a means to force you all back into the home and servitude.
thumpers sure have taken all the fun out of fundamental ...
... and doubled down on mental.
plenty of fish, in a barrel...
barefoot, pregnant, and zero rights...
christo-fascist nirvana.
onward xtian nationalist lemmings ...
thumping off to war ...
I read yesterday the state Republicans killed calls to repeal by announcing lunch and the week's recess. The House Speaker later said he will not allow a repeal vote to come to the floor.
florida fascists know that time is running out to stuff their pockets with lobbyist cash...
GOP party store...
with the dean of clown college in criminal court...
thumpers are now the commanders of the maga kamikaze squadron...
This article has been up for 3 weeks, time to shut it down.
Thanks to everyone that commented.