Florida asks state Supreme Court to keep abortion rights amendment off the November ballot
Florida asks state Supreme Court to keep abortion rights amendment off the November ballot
Liberty Counsel founder and Chairman Mathew Staver speaks to reporters in front of the Florida Supreme Court after telling justices a proposed amendment to protect abortion rights should be kept off the ballot on Wednesday, Feb. 7, 2024, in Tallahassee, Fla. (AP Photo/Brendan Farrington)
A protester shouts outside the Florida Supreme Court after the Court heard arguments on the proposed abortion amendment Wednesday, Feb. 7, 2024. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
People gather outside the Florida Supreme Court, where justices will hear arguments on a proposed ballot issue regarding abortion on Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Florida’s attorney general is expected to ask the state Supreme Court to keep an abortion-rights measure off November’s ballot on Wednesday, saying it misleads voters and could be used to expand abortion rights in the future. (AP Photo/Brendan Farrington)
An anti-abortion protester holds a sign while standing outside the Florida Supreme Court after the Court heard arguments on the proposed abortion amendment Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
An anti-abortion protester holds signs while standing outside the Florida Supreme Court after the Court heard arguments on the proposed abortion amendment Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
Courtney Brewer, a lawyer for the organization backing the proposed abortion amendment, speaks to the media after a hearing held in the Florida Supreme Court on Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
Attorney General Ashley Moody’s Deputy Counsel, Nathan Forrester shares his arguments on the proposed abortion amendment to the Florida Supreme Court on Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
Courtney Brewer, a lawyer for the organization backing the proposed abortion amendment, shares her arguments with the Florida Supreme Court on Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
An anti-abortion protester holds a sign while standing outside the Florida Supreme Court after the Court heard arguments on the proposed abortion amendment Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
Democratic Sens. Lori Berman, left, and Lauren Book discuss the proposed abortion rights amendment while waiting to get inside the courtroom for a hearing before the Florida Supreme Court on Wednesday, Feb. 7, 2023 in Tallahassee, Fla. Florida’s attorney general is expected to ask the state Supreme Court to keep an abortion-rights measure off November’s ballot on Wednesday, saying it misleads voters and could be used to expand abortion rights in the future. (AP Photo/Brendan Farrington)
FILE - Florida Attorney General Ashley Moody gestures as she speaks, Oct. 18, 2022, in Tampa, Fla. The Florida Supreme Court will be hearing arguments on whether a proposed abortion rights initiative should appear on the ballot in November. (AP Photo/Chris O’Meara, file)
Liberty Counsel founder and Chairman Mathew Staver speaks to reporters in front of the Florida Supreme Court after telling justices a proposed amendment to protect abortion rights should be kept off the ballot on Wednesday, Feb. 7, 2024, in Tallahassee, Fla. (AP Photo/Brendan Farrington)
Liberty Counsel founder and Chairman Mathew Staver speaks to reporters in front of the Florida Supreme Court after telling justices a proposed amendment to protect abortion rights should be kept off the ballot on Wednesday, Feb. 7, 2024, in Tallahassee, Fla. (AP Photo/Brendan Farrington)
A protester shouts outside the Florida Supreme Court after the Court heard arguments on the proposed abortion amendment Wednesday, Feb. 7, 2024. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
A protester shouts outside the Florida Supreme Court after the Court heard arguments on the proposed abortion amendment Wednesday, Feb. 7, 2024. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
People gather outside the Florida Supreme Court, where justices will hear arguments on a proposed ballot issue regarding abortion on Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Florida’s attorney general is expected to ask the state Supreme Court to keep an abortion-rights measure off November’s ballot on Wednesday, saying it misleads voters and could be used to expand abortion rights in the future. (AP Photo/Brendan Farrington)
People gather outside the Florida Supreme Court, where justices will hear arguments on a proposed ballot issue regarding abortion on Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Florida’s attorney general is expected to ask the state Supreme Court to keep an abortion-rights measure off November’s ballot on Wednesday, saying it misleads voters and could be used to expand abortion rights in the future. (AP Photo/Brendan Farrington)
An anti-abortion protester holds a sign while standing outside the Florida Supreme Court after the Court heard arguments on the proposed abortion amendment Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
An anti-abortion protester holds a sign while standing outside the Florida Supreme Court after the Court heard arguments on the proposed abortion amendment Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
An anti-abortion protester holds signs while standing outside the Florida Supreme Court after the Court heard arguments on the proposed abortion amendment Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
An anti-abortion protester holds signs while standing outside the Florida Supreme Court after the Court heard arguments on the proposed abortion amendment Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
Courtney Brewer, a lawyer for the organization backing the proposed abortion amendment, speaks to the media after a hearing held in the Florida Supreme Court on Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
Courtney Brewer, a lawyer for the organization backing the proposed abortion amendment, speaks to the media after a hearing held in the Florida Supreme Court on Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
Attorney General Ashley Moody’s Deputy Counsel, Nathan Forrester shares his arguments on the proposed abortion amendment to the Florida Supreme Court on Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
Attorney General Ashley Moody’s Deputy Counsel, Nathan Forrester shares his arguments on the proposed abortion amendment to the Florida Supreme Court on Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
Courtney Brewer, a lawyer for the organization backing the proposed abortion amendment, shares her arguments with the Florida Supreme Court on Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
Courtney Brewer, a lawyer for the organization backing the proposed abortion amendment, shares her arguments with the Florida Supreme Court on Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
An anti-abortion protester holds a sign while standing outside the Florida Supreme Court after the Court heard arguments on the proposed abortion amendment Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
An anti-abortion protester holds a sign while standing outside the Florida Supreme Court after the Court heard arguments on the proposed abortion amendment Wednesday, Feb. 7, 2024 in Tallahassee, Fla. Lawyers trying to keep an abortion-rights measure of the Florida ballot told state Supreme Court that the proposed amendment deceives voters who won’t realize it will expand access to the procedure beyond their expectations. (Alicia Devine/Tallahassee Democrat via AP)
Democratic Sens. Lori Berman, left, and Lauren Book discuss the proposed abortion rights amendment while waiting to get inside the courtroom for a hearing before the Florida Supreme Court on Wednesday, Feb. 7, 2023 in Tallahassee, Fla. Florida’s attorney general is expected to ask the state Supreme Court to keep an abortion-rights measure off November’s ballot on Wednesday, saying it misleads voters and could be used to expand abortion rights in the future. (AP Photo/Brendan Farrington)
Democratic Sens. Lori Berman, left, and Lauren Book discuss the proposed abortion rights amendment while waiting to get inside the courtroom for a hearing before the Florida Supreme Court on Wednesday, Feb. 7, 2023 in Tallahassee, Fla. Florida’s attorney general is expected to ask the state Supreme Court to keep an abortion-rights measure off November’s ballot on Wednesday, saying it misleads voters and could be used to expand abortion rights in the future. (AP Photo/Brendan Farrington)
FILE - Florida Attorney General Ashley Moody gestures as she speaks, Oct. 18, 2022, in Tampa, Fla. The Florida Supreme Court will be hearing arguments on whether a proposed abortion rights initiative should appear on the ballot in November. (AP Photo/Chris O’Meara, file)
FILE - Florida Attorney General Ashley Moody gestures as she speaks, Oct. 18, 2022, in Tampa, Fla. The Florida Supreme Court will be hearing arguments on whether a proposed abortion rights initiative should appear on the ballot in November. (AP Photo/Chris O’Meara, file)
TALLAHASSEE, Fla. (AP) — Lawyers trying to keep an abortion-rights measure off the Florida ballot told the state Supreme Court on Wednesday that the proposed amendment is deceptive, and that voters won’t realize just how far it will expand access to the procedure.
But the justices seemed to think the proposed ballot question isn’t so much a wolf in sheep’s clothing, but rather a clear effort to keep the state from restricting most abortions.
“This is a wolf coming as a wolf,” said Chief Justice Carlos Muniz, one of five appointees of Republican Gov. Ron DeSantis on the seven-member court. “The people of Florida aren’t stupid. They can figure it out.”
The proposed amendment says “no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.” It provides for one exception, which is already in the state constitution — that parents must be notified before their minor children can get an abortion.
Lawyers for Attorney General Ashley Moody and the religious freedom group Liberty Counsel told justices it would essentially ban any restrictions whatsoever.
“The state of Florida through the Legislature, through the executive and also through the courts will have no ability to protect women or regulate any aspect of abortion,” Liberty Counsel Chairman Mat Staver told reporters after the arguments. “It is a free-for-all. It’s total deregulation of abortion, which is frankly deceptive.”
Proponents of the proposed amendment say the language of the ballot summary and the proposed amendment are concise and that Moody is playing politics instead of letting voters decide whether to protect access to abortions.
“The language of the summary and the amendment are clear and unambiguous,” Courtney Brewer, a lawyer for Floridians Protecting Freedom told reporters after the hearing. “Florida voters will be able to understand that and I am confident based on the court’s questioning today that they understand that as well.”
The group gathered nearly 1 million voter signatures, well more than the 891,523 needed to make the ballot. The court has made clear that it’s role is not to rule on the content of the proposed amendment, but rather, whether it is properly focused on a single subject, and whether voters will understand what they’re voting on.
Florida is one of several states where voters could have a direct say on abortion questions this year.
There has been a major push across the country to put abortion rights questions to voters since the U.S. Supreme Court overturned Roe v. Wade and removed the nationwide right to abortion. Referendums to guarantee abortion rights are set for Maryland and New York, and activists on both sides of the issue in at least seven other states are working to get measures on 2024 ballots.
The case also tests whether DeSantis, who also appointed all three of the women on the bench, has changed the direction of a court that in past years has interpreted a privacy clause in the state constitution to strike down some abortion restrictions. A ruling is expected by April 1.
Both sides of the debate also are waiting on the Florida Supreme Court to rule on whether to uphold a 15-week abortion ban passed two years ago. Last year, lawmakers went further and passed a ban at six weeks, which is before many women even know they are pregnant, but that law won’t take effect if the court throws out the 2022 ban signed by DeSantis.
If the question is allowed on the ballot, 60% of voters would have to approve it.
Any change in abortion access in Florida would be felt out of state as well because the Sunshine State traditionally has been a haven for women in the southeastern U.S. seeking abortions. Nearby Alabama, Louisiana and Mississippi ban abortion at all stages of pregnancy. Georgia and South Carolina prohibit terminating pregnancies once cardiac activity can be detected.