Florida Supreme Court must rule on abortion, marijuana amendments Monday
Video above: Florida Supreme Court holds oral arguments on abortion amendment
TAMPA, Fla. (WFLA) — Florida Supreme Court justices were expected to issue a ruling Thursday on an abortion rights amendment that may appear on the 2024 ballot.
The court issued a statement Thursday morning saying, “There are no Florida Supreme Court rulings ready for release today.”
It will be closed for Good Friday, so the ruling is now expected to come down on Monday. April 1 is the deadline for justices to make a decision on the proposed abortion and recreational marijuana amendments.
‘The people of Florida aren’t stupid’: Court pushes back on arguments against abortion amendment
The long-awaited ruling comes several months after Florida Attorney General Ashley Moody asked the court to strike down the newly designated Amendment 4, despite the measure qualifying for the 2024 ballot with nearly one million valid signatures.
In the meantime, proponents of the measure like its sponsor Floridians Protecting Freedom, argued in court against the state’s argument that it doesn’t meet the legal requirements. Moody and other opponents of the measure argued that fetal rights are protected under the Florida Constitution.
The Florida Supreme Court is a gatekeeper for the ballot, combing over each qualifying amendment to determine if voters can understand the language of the ballot summary. Additionally, a proposed amendment must be limited to a single subject.
Justices heard oral arguments in the case last month, appearing to push back on the state’s argument that the measure’s use of terms like “viability” will be too confusing for voters.
“The people of Florida aren’t stupid,” Chief Justice Carlos G. Muñiz said. “They can figure this out.”
Opponents of the initiative argued Floridians will not understand its potential “sweeping” legal effects when they step into the voting booth. An attorney representing Moody’s office said the ballot summary is unclear and voters “need to know effects of what’s going on here.”
Here’s how many abortions were performed in Florida last year
Muñiz countered that there’s “no way” a single summary could address every issue one could have with an amendment and the details would “have to be worked out” in the future.
“You’re saying, ‘This is a wolf.’ And a wolf it may be,” Justice John D. Couriel said. “But it seems like our job is to answer whether it’s a wolf in sheep’s clothing. That’s all we get to do.”
Despite justices appearing to challenge the opponents’ arguments, a significant question remains: Can the court rule against the amendment without a separate case determining rights for the unborn under the Florida Constitution?
Earlier this month, Susan B. Anthony Pro-Life America filed a 54-page brief laying out the argument that fetuses are covered under Article I, section 2 of the Florida Constitution, which states, in part, “All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness.”
Where does abortion access stand in Florida?
The ruling on this high-profile case is viewed as a “test” of the court, which previously interpreted a privacy clause in the state constitution to strike down some abortion restrictions. The Florida Supreme Court has taken a conservative shift in recent years, with five of the seven justices appointed by Gov. Ron DeSantis.
Abortion rights advocates are watching the case closely, as the court’s ruling could signal what’s to come when justices take up the 15-week abortion ban signed into law by DeSantis two years ago. The case is blocking a much more restrictive six-week ban while it’s tied up in the courts. The shorter deadline comes before many women learn they are pregnant.
The Amendment to Limit Government Interference with Abortion would enshrine the right to abortion in the Florida Constitution, stating in part, “No law shall prohibit, penalize, delay, or restrict abortion before viability.”
If allowed on the ballot, it would require 60% of Floridians to vote affirmatively to pass.
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