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January 14, 2022On the first day of the legislative session, two bills emerged to protect women and limit the harm of abortion in Florida. SB 146 (Stargel) and HB 5 (Grall) would prohibit abortion after 15 weeks gestation, shrinking the window of time in which an abortion is able to be legally obtained. Current state law bans abortions when a child is viable, or able to survive outside of the womb. Prohibiting abortion after 15 weeks would align with research demonstrating that unborn children have the capacity of feeling pain at this point of development.
A decision by the U.S. Supreme Court is expected by June 2022 in the Mississippi case Dobbs v. Jackson Women's Health Organization addressing whether banning abortions after 15 weeks gestation is constitutional. There is the potential that states will no longer be prevented by federal case law from prohibiting pre-viability abortions if Roe v. Wade and Planned Parenthood v. Casey is overturned or greatly diminish by the ruling.
Exceptions to the bills' 15-week abortion ban are allowed for saving the life of the mother, for avoiding an irreversible and substantial impairment of a major bodily function of the mother, and for fatal fetal abnormality. These align with the Mississippi law at issue in the Dobbs case.
The bills also protect unborn children from tobacco exposure by requiring that pregnant women and women who may become pregnant be educated about the health risks of tobacco; requiring the creation of review committees to study fetal and infant mortality in Florida; and requiring monthly mandatory reporting of the number of medication abortions.