A judge is blocking Florida’s 15-week abortion ban. What does that mean and what’s next?

Grethel Aguila
·2 min read

A Leon County judge said he will temporaily block Florida’s 15-week abortion ban, set to take effect Friday, on the grounds that it is unconstitutional. The decision comes almost a week after the Supreme Court overturned Roe v. Wade, ending constitutional protections for the procedure.

Here’s what you need to know right now.

What happens when the 15-week ban is blocked?

The state’s abortion regulations would revert to current law. And that law now says abortions cannot take place after the third trimester, around 24 weeks. Florida also requires parental consent before a minor could get an abortion.

Judge John Cooper will sign a temporary injunction, which will block the 15-week ban from taking effect. If he does not sign it immediately, the 15-week ban would still take effect at 12:01 a.m. Friday, July 1.

How does the 15-week ban work?

The law, passed by the Florida Legislature and signed by Gov. Ron DeSantis in April, would ban most abortions after the 15th week of pregnancy. Those pregnant can still get an abortion if their health is threatened or if their baby has a “fatal fetal abnormality.” A pregnant person would also be required to wait 24 hours after a doctor’s visit to get an abortion.

Previous state law allowed abortions until the third trimester, 24 weeks of pregnancy. Exceptions were made in situations where the pregnant person’s life was at risk or they could experience “irreversible physical impairment of a major bodily function.”

Why did the judge block the ban?

Cooper said he found the ban unconstitutional because it violates the “privacy provision of the Florida Constitution” and “does not meet the standards of the three [Florida] Supreme Court cases” that have affirmed it.

What’s next?

Cooper’s temporary injunction will not take effect until he signs the order. He told attorneys that he will not be signing the injunction on Thursday.

Bryan Griffin, Gov. Ron DeSantis’ spokesperson, said they believe the law will withstand all legal challenges. The governor plans on appealing the decision, Griffin said.

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