Planned Parenthood of Southwest and Central Florida v. State of Florida
Abortion providers obtained a temporary injunction against Florida's 15-week abortion ban under the Florida Constitution's Privacy Clause; the First District reversed. The Florida Supreme Court approved that result, receding from In re T.W., North Florida Women's Health, and Gainesville Woman Care, and holding that the original public meaning of article I, section 23 does not encompass a right to abortion, so plaintiffs could not show a substantial likelihood of success on the merits.
Key facts
- Abortion providers challenged Florida's 15-week abortion ban, seeking a temporary injunction in trial court based on alleged Privacy Clause protections under the Florida Constitution.
- The trial court granted the temporary injunction; the First District Court of Appeal reversed; the Florida Supreme Court approved the reversal and held that the Privacy Clause does not confer a right to abortion under its original public meaning.
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Why it matters
Beyond the abortion holding, this decision is the Florida Supreme Court's most emphatic statement to date of its textualist/original-public-meaning methodology for construing the Florida Constitution and of the strong… — full analysis with a trial
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