Post-Roe State Abortion Ban Litigation
Planned Parenthood of Southwest and Central Florida, et al. v. State of Florida, et al. (Florida)
This case challenging Florida's 15-week abortion ban argues it violates the state constitution's privacy clause.
Florida’s HB 5, which bans abortion after 15 weeks of pregnancy, has been in effect since July 1, 2022. The law subjects abortion providers to felony criminal penalties and disciplinary action for providing care to their patients.
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. On January 23, 2023, the Florida Supreme Court announced it will hear the providers’ challenge to the law. Oral arguments are scheduled for September 8, 2023.
Center Attorneys: Autumn Katz, Caroline Sacerdote
Co-Counsel/Cooperating Attorneys: American Civil Liberties Union (ACLU), Planned Parenthood Federation of America, and Jenner & Block
Plaintiffs: Planned Parenthood of Southwest and Central Florida; Planned Parenthood of South, East and North Florida; Bread and Roses Women’s Health Center; A Woman’s Choice of Jacksonville, Inc.; Bread and Roses; St. Petersburg Woman’s Health Center, Inc.; St. Petersburg Woman’s Health Center, Inc.; Tampa Women’s Health Center, Inc.; and Shelly Hsiao-Ying Yien, M.D., M.P.H.
Timeline:
| April 14, 2022 | Florida Governor Ron DeSantis signs legislation banning abortion at 15 weeks with an effective date of July 1. |
| June 01, 2022 | The Center and its partners file a lawsuit in state court challenging the 15-week ban. |
| July 01, 2022 | Florida’s 15-week ban takes effect. |
| July 05, 2022 | The trial court signs an order granting a temporary injunction, which the State immediately appeals. The appeal triggers an automatic stay of the injunction, and the 15-week ban remains in effect. |
| July 21, 2022 | The Florida Court of Appeals denies the Plaintiffs’ request to lift the stay of the injunction. |
| August 10, 2022 | Plaintiffs file an appeal requesting the Florida Supreme Court review the appellate court’s denial of the request to lift the stay and to restore the injunction. |
| August 24, 2022 | The Florida Court of Appeals reverses the trial court’s ruling and vacates the injunction. |
| August 31, 2022 | Plaintiffs file a second appeal with the Florida Supreme Court requesting the appellate court’s ruling be reversed and the injunction reinstated. |
| January 23, 2023 | The Florida Supreme Court announces it will hear the providers’ challenge to the law. |
| September 08, 2023 | The Florida Supreme Court will hear arguments in the case beginning at 9 a.m. ET. |
