Planned Parenthood of Southwest and Central Florida, et al. v. State of Florida, et al.
This case challenging Florida's 15-week abortion ban argues it violates the state constitution's privacy clause.
Case Background
(Updated 07.01.22) 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. Abortion providers in the case are asking the court to block the ban from taking effect on July 1.
On June 30, a Florida court indicated it would issue an order blocking HB 5. The law is likely to go into effect for a short time while the court prepares the written order, but the court made clear today that the law will be enjoined shortly.
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.
If Florida’s ban takes effect, it would have devastating effects on abortion access in the state and surrounding region. 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.
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.
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News on the Case:
