Florida Republicans Introduce 6-Week Abortion Ban

Topline

Florida lawmakers introduced legislation Tuesday that would ban abortion six weeks into a pregnancy, potentially making Florida the next state to significantly restrict access to abortion—and cutting off a major access point for the procedure in the South—after Gov. Ron DeSantis (R) suggested he wanted to sign greater restrictions on the procedure into law.

A pro-abortion rights activist on July 13, 2022 in Fort Lauderdale, Florida.

Getty Images for MoveOn

Key Facts

The bill, SB 300, would expand on the state’s existing 15-week abortion ban, saying a physician “may not knowingly perform or induce a termination of pregnancy” if the gestation of the fetus is more than six weeks.

The bill allows abortions after the six-week mark when physicians certify the mother’s life is at risk or there’s “a serious risk of imminent substantial and irreversible physical impairment of a major bodily function.”

There are also exemptions for fatal fetal abnormalities before the third trimester and rape and incest before 15 weeks into a pregnancy.

Anyone who “performs or actively participates” in an abortion in violation of the law can be found guilty of a third degree felony, which is punishable by up to five years in prison, or a second degree felony if the abortion results in the death of the mother.

The ban is contingent upon the Florida Supreme Court allowing it to take effect, as the high court has previously upheld the right to an abortion in the state Constitution, keeping abortion from being banned in Florida.

Florida Republicans have already flouted that court precedent by enacting the state’s 15-week abortion ban—which is in effect now, but still being challenged in court—and the bill says the six-week ban will take effect 30 days after the Florida Supreme Court either completely overturns its precedent saying abortion is legal or upholds the 15-week ban.

DeSantis has publicly said he wants to sign greater abortion restrictions into law and has said he will sign “great life legislation” when asked in the past about a six-week abortion ban, but he has not explicitly endorsed a six-week ban as opposed to other restrictions.

Crucial Quote

“We’re for pro-life. I urge the legislature to work, produce good stuff, and we will sign,” DeSantis said in February when asked about the legislature introducing an abortion ban during its legislative session, which began Tuesday.

What To Watch For

The abortion ban is expected to pass the majority-Republican legislature, and could pass any time before the legislative session ends in early May. Once the bill passes and becomes law, it will be up to the Florida Supreme Court to determine if it takes effect. That court is made up of a majority of DeSantis appointees and has already refused to put the state’s 15-week abortion ban on hold until it hears the lawsuit challenging it, however, suggesting it’s likely the court will reverse its precedent and allow abortion to be banned.

Chief Critic

“Florida Republicans have once again demonstrated a complete disregard for the women of our state and for our collective freedoms,” Democratic state Rep. Anna Eskamani (Orlando) said in a statement Tuesday, saying the six-week ban is “extreme, dangerous, and will force millions of people out of state to seek care and others will be forced into pregnancy.” “No one wants Ron DeSantis in the exam room with us; personal medical decisions should be between me, my family, my doctor and my faith — not politicians,” Eskamani said.

Surprising Fact

According to data from the Centers for Disease Control and Prevention, Florida had the highest abortion rate of any state in 2020, and was second only to the District of Columbia. The state has become an increasingly important access point for abortion since then in the wake of the Supreme Court’s ruling overturning Roe v. Wade last June, as many neighboring southern states have banned the procedure entirely.

Key Background

Abortion is now banned or heavily restricted in more than a dozen states following the Supreme Court’s ruling overturning Roe v. Wade, with more enacting bans that have since been blocked in court. Florida would follow Georgia, South Carolina and Ohio in enacting a six-week ban should this legislation pass—which pro-abortion rights groups have criticized, given that many people do not know they’re pregnant by that point—though South Carolina and Ohio’s bans have now been blocked or overturned in court. The abortion ban is one of a number of controversial bills that have been introduced for Florida’s legislative session this spring, along with other right-wing bills on such issues as immigration, transgender medical care and education. The legislative session is being seen as a way for DeSantis to push conservative issues ahead of his anticipated 2024 presidential run, and the governor has promised this will be “the most productive session we’ve had.”