Planned Parenthood leads challenge against Florida abortion law

Eight Florida medical providers are challenging the abortion law signed by Republican Gov. Ron DeSantis that bans most abortions in the state after 15 weeks, according to court documents.

Two Florida Planned Parenthood chapters were joined by individual abortion providers in the lawsuit against the state of Florida, the Agency for Health Care Administration, the Department of Health and the each of the state’s judicial circuit judges.

They argue House Bill 5, which DeSantis signed into law on April 14, violates the Florida Constitutions privacy clause, which states, “Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein.”

State courts have interpreted the privacy clause as protecting the right to an abortion.

Health care providers who violate the law could face criminal charges and the loss of their medical license, said the lawsuit.

HB 5 was modeled after a similar 15-week abortion ban passed in Mississippi which is being considered by the U.S. Supreme Court. Pro-life advocates believe the six-member conservative majority will likely uphold the law, which would pose a serious challenge to Roe v. Wade.

The governor’s office is “confident that this law will ultimately withstand all legal challenges,” according to a spokesman for DeSantis.

HB 5 is set to go into effect on July 1. It does not offer an exemption for rape or incest, but does make several exemptions, such as when a fatal abnormality is found on a fetus or if the abortion will save the life of the pregnant woman.

The law is not as restrictive as the bill Oklahoma Gov. Kevin Stitt signed into law last week that bans most abortions after fertilization but does have exemptions for rape and incest.

Florida’s 15-week period is longer than most European countries, many of whom restrict it past 12 weeks, according to the Charlotte Lozier Institute.