Today’s entry: @brianmuddradio If SCOTUS ruling means states decide abortion policy does that mean Florida’s new law is in effect?
Bottom Line: No, that’s not currently the case...that is until Friday. Florida’s abortion law, passed in this year’s state legislative session, is scheduled to take effect – along with most new laws – on Friday, July 1st. The caveat to that answer would be if a court were to stay the implementation of Florida’s new law as legal challenges in our state are attempting to do. Today is a key day in that regard as Leon County Circuit Court Judge John Cooper is set to hear arguments in the case brought by various pro-abortion groups. If Cooper’s name sounds familiar it’s for good reason. He’s been a fixture at his current post for about twenty years and has had a tendency to rule in opposition to the state’s policy. Most recently, Cooper ruled against the state in the decision by a dozen local school districts – including the Tri-County – to violate the recently enacted Parental Bill of Rights regarding school mask mandates. A decision which was later overturned on appeal. This has given those seeking the status quo hope that he’ll hold up the state’s law from taking effect on Friday. Should that be the case, it's possible Florida’s Supreme Court would be the final arbiter of what happens here. As for a refresh on what Florida’s new law would change...
Let’s start with the official summary explanation:
- Requires physician to conduct test for, & inform woman seeking abortion of, presence of detectable fetal heartbeat; prohibits physician from performing or inducing abortion if fetal heartbeat is detected or if physician fails to conduct test to detect fetal heartbeat; provides exceptions; authorizes private civil cause of action for certain violations; provides for civil remedies & damages.
Many may not realize it, but this law is actually the 2nd related law to pass in this year’s session. The first took effect in April, which included a 24-hour waiting period for an abortion after first visiting a doctor and an informed consent policy. Here’s the effect of Florida’s current abortion law (via the Guttmacher Insititute):
- A patient must receive state-directed counseling that includes information designed to discourage the patient from having an abortion, and then wait 24 hours before the procedure is provided. Counseling must be provided in person and must take place before the waiting period begins, thereby necessitating two trips to the facility.
- Health plans offered in the state’s health exchange under the Affordable Care Act can only cover abortion in cases of life endangerment, rape or incest, unless individuals purchase an optional rider at an additional cost.
- The parent of a minor must be notified and consent before an abortion is provided.
- Public funding is available for abortion only in cases of life endangerment, rape or incest.
- A patient must undergo an ultrasound before obtaining an abortion; the provider must offer the patient the option to view the image.
- An abortion may be performed at 24 or more weeks after the last menstrual period only in cases of life or health endangerment.
What’s to change with Florida’s new law effective Friday is that the 24-week threshold drops to 15 weeks. Much has been made of the exclusion of rape or incest past 15-weeks in Florida’s new law – however that’s consistent with the current regs – in which there must be a life-threatening determination to have an abortion past the 24-week threshold. The 15-week standard, which is in line with Mississippi’s abortion law, was the catalyst for the Supreme Court decision striking down Roe, is based on current science which shows a fetus has a functioning brain and heart and can feel pain. For this reason, and especially on back of the United States Supreme Court ruling, it's hard to imagine Florida’s new law won’t stand up to legal scrutiny in the state court system by the time a final ruling has been made.
As I’ve previously illustrated, only 4.7% of abortions currently take place after 15 weeks, meaning relatively few abortions will be affected by Florida’s new law, or Mississippi’s for that matter. The most recent annual data from the Guttmacher Institute showed an estimated 71,050 abortions occurred in Florida. Were the new bill to become law, only 3,339 abortions performed would have been blocked if the legislation had already been in force. Of course, there will also be the opportunity for those seeking later-term abortions to travel to states like California, Colorado and New York which have actually expanded the ability to obtain an abortion up to the time of birth. While the focus has been squarely on abortion restrictions, few have discussed or considered the other implications in these states. So yes, with the issue being back in the hands of states – that’s the lay of the land.
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