Court Cases

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

  • Case Status Closed
  • Filed on
  • Last Updated
  • Issue
    • Abortion
  • Place
    • Florida
    • United States

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 allowed the state’s 15-week ban to remain in effect and paved the way for its 6-week ban to take 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 banned abortion after 15 weeks of pregnancy. Doctors who perform abortions in violation of the law were 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 would hear the providers’ challenge to the law. The Court heard arguments on September 8.

Plaintiffs argued that the abortion ban is unconstitutional under the Florida constitution’s explicit privacy clause, which protects individuals’ right to privacy, including abortion. The Florida Supreme Court had 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 faced 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 allowed 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.

The parties voluntarily agreed to dismiss the case on February 18, 2025.

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

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