Florida just crushed abortion rights. But it also created a tool to fight back

It’s hard to imagine a scenario in which the Florida state supreme court would not have allowed Governor Ron DeSantis’s six-week abortion ban to go into effect. In a challenge to a previous 15-week ban, the court’s seven judges, all of whom were appointed by DeSantis, overturned 35 years of precedent this weekin order to find that the right to privacy enshrined in the state constitution does not protect the right to an abortion, as Florida state law has acknowledged it does since 1989.

The court’s approval of the 15-week ban will allow a stricter, previously stayed six-week ban to go into effect on 1 May. Justice Charles Canady did not recuse himself from the case, despite calls for him do so from no less an authority than the Florida supreme court’s former chief justice, Barbara Pariente. Justice Canady’s wife, the state representative Jennifer Canady, is a legislative co-sponsor of the newly approved six-week ban. There is no rape or incest exception.

The harm this decision will do to women across the American south is immeasurable. Like many states, Florida dramatically restricted access to abortion in 2022, in the wake of the US supreme court’s Dobbs v Jackson decision that overturned Roe v Wade. Florida’s 15-week abortion ban, signed into law by DeSantis in April 2022, went into effect just days after the ruling. Despite those new restrictions, however, abortion remained much more available in Florida than it did elsewhere in the south.

The south-east corner of the continental United States is home to some of the most restrictive abortion bans. A woman living in Florida finds herself without a right to an abortion at any stage of pregnancy as far west as Texas and Oklahoma and as far north as Missouri, Indiana and West