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Planned Parenthood of Southwest and Central Florida, et al. v. State of Florida, et al.

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Planned Parenthood of Southwest and Central Florida, et al. v. State of Florida, et al.

Filing date: 06.01.2022
This case challenging Florida's 15-week abortion ban argues it violates the state constitution's privacy clause.

Case update: On April 1, 2024, the Florida Supreme Court overturned decades of precedent, ruling that Florida’s right to privacy no longer protects abortion rights. The ruling allows the state’s 15-week ban to remain in effect.

Case Background

On June 1, 2022, the Center for Reproductive Rights and its partners filed a lawsuit on behalf of Florida health care providers challenging the state’s law, HB 5, which bans abortion after 15 weeks of pregnancy. Doctors who perform abortions in violation of the law are subject to felony criminal penalties and disciplinary action, including loss of licensure. The law took effect on July 1.

On August 10 and again on August 31, Florida health care providers sought review in the Florida Supreme Court, after lower court decisions closed off meaningful legal avenues to block HB 5. Plaintiffs requested review of appellate court decisions that allowed the law to take effect and for an emergency restoration of the temporary injunction granted by the trial court.

On January 23, 2023, the Florida Supreme Court announced it will hear the providers’ challenge to the law and hears arguments on September 8.

The case argues that the abortion ban is unconstitutional under the Florida state constitution, which contains an explicit privacy clause that protects individuals’ right to privacy, including abortion. The Florida Supreme Court has treated abortion like other privacy rights—including medical decision-making and non-disclosure of personal information, meaning that laws implicating the privacy right receive the most searching judicial scrutiny. In 2012, voters in Florida overwhelmingly voted against an amendment to the constitution that would have removed those protections.

Floridians already face burdensome restrictions to getting an abortion —including a ban on insurance plans on the state exchange covering abortion; a parental consent requirement that makes it harder for young people to get abortions; and a law requiring people to make an additional, unnecessary trip to an abortion provider before receiving care.

On April 1, 2024, the Florida Supreme Court issued its decision, ruling that Florida’s right to privacy no longer protects abortion rights. The ruling overturned decades of precedent and allows the state’s 15-week ban to remain in effect. The ruling upheld an appellate court’s decision reversing temporary relief from the state’s 15-week abortion ban and, in so doing, set the stage for the state’s six-week ban to take effect 30 days from the Court’s decision.

Plaintiff(s): Planned Parenthood of Southwest and Central Florida; Planned Parenthood of South, East and North Florida; Gainesville Woman Care; Indian Rocks Woman’s Center; St. Petersburg Woman’s Health Center; Tampa Woman’s Health Center; and A Woman’s Choice of Jacksonville.

Respondent(s): State of Florida, Florida Department of Health, Florida Board of Medicine, Florida Board of Osteopathic Medicine, Florida Board of Nursing, Florida Agency for Health Care Administration

Center Attorney(s): Autumn Katz, Caroline Sacerdote

Co-counsel/Cooperating Attorney(s): The American Civil Liberties Union (ACLU), ACLU of Florida, Planned Parenthood Federation of America, and the law firm Jenner & Block

Case Timeline:

  • March 3, 2022: The Florida State Senate votes to pass HB 5.
  • April 14, 2022: Governor Ron DeSantis signs HB 5 into law, which is scheduled to take effect on July 1.
  • June 1, 2022: The Center and partners file lawsuit asking the court to block the ban from taking effect.
  • June 30, 2022: Florida court indicates it will issue an order blocking the law.
  • July 1, 2022: Ban takes effect.
  • July 5, 2022: Trial court issues order granting temporary injunction. Defendants file appeal triggering automatic stay and ban remains in effect.
  • July 21, 2022: Plaintiffs’ request to lift the stay and reinstate the block of the law denied by Florida Court of Appeals.
  • August 19, 2022: Plaintiffs file request to Florida Supreme Court asking for review of appellate court decision and to reinstate the block of the law.
  • August 24, 2022: Florida Court of Appeals issues decision reversing July 5 trial court order granting temporary injunction.
  • August 31, 2022: Plaintiffs file request to Florida Supreme Court asking for review of appellate court decision.
  • January 23, 2023: The Florida Supreme Court announces it will hear the providers’ challenge to the law.
  • March 9, 2023: Seven amicus briefs are filed by leading medical organizations, elected officials, law professors, reproductive justice groups, and others in support of the case.
  • September 8, 2023: Florida Supreme Court hears arguments in the case.
  • April 1, 2024: Florida Supreme Court rules that the state’s right to privacy no longer protects abortion rights, allowing the 15-week ban to remain in effect.

Legal Documents:

Amicus Briefs:

News on the Case: