
That’s because Florida’s abortion rights are not just intertwined with federal court rulings but also rely on a decadesold Florida Supreme Court decision that extends privacy rights to abortion. Those rights are enshrined in the Florida Constitution, and the state Supreme Court has previously cited it to overturn restrictive abortion laws, including one requiring parental consent for minors seeking abortions.
But the current Florida Supreme Court is dominated by conservatives, including three appointed by DeSantis, and some fear the state justices could interpret the privacy rights differently. Most pressingly, the conservative justices could uphold Florida’s recently approved ban on abortions after 15 weeks when it’s legally challenged. The law is set to go into effect on July 1.
“I don’t think anyone is naive to the fact that the Supreme Court of Florida has become more conservative,” said state Rep. Anna Eskamani (D-Orlando), who used to work for Planned Parenthood. “But they have yet to decide on an abortion case. This is going to be the first in a long time.”