Florida Supreme Court to Decide Fate of Abortion Ballot Measure

(PatriotSpotlight.org) – Florida’s Supreme Court is set to deliberate on whether an abortion-related constitutional amendment should be included on November’s ballot. This would be a first for the state and would allow voters to directly decide whether to approve a proposed amendment, which would allow women to procure abortions only until the point a fetus is considered “viable.” Healthcare providers would be left to define “viability”, although this is often understood to be around 22 to 25 weeks of pregnancy, after which children can survive outside the womb. The ballot is backed by a slew of pro-choice groups.

The Sunshine State’s Republican Attorney General, Ashley Moody, is poised to petition the court to remove the measure from the ballot, arguing that its language could confuse voters and even open the door for wider abortion rights going forward. Courtney Brewer of Floridians Protecting Freedom, who backs the measure, claims the language is easy to understand and has decried Moody’s actions as attempting to interfere with voters’ right to express their views.

At the heart of the dispute are major disagreements over key terms within the amendment, especially the definition of what is “viable.” Moody has also raised concerns over interpretations among pro-abortion voters regarding the time limit on abortion rights, including ambiguities surrounding terms such as “health” and “healthcare provider”. The outcome of this legal showdown could have major national implications beyond Florida. The decision which requires a 60 percent voter approval if the ballot goes ahead.

The Court is forbidden from ruling based on the merits of any given measure, although they are permitted to reject ballot language that may be misleading to voters. The state’s law currently allows abortion on demand up to 15 weeks of gestation, making it the second most permissive jurisdiction for abortion in the South, behind Virginia.

In 2023 Florida introduced a law banning abortions after 15 weeks, which is currently facing legal challenges. If the ban is upheld, a six-week ban is set to take effect within 30 days.

The Court has become more conservative in recent years, with Florida’s Republican Governor Ron DeSantis having appointed five of the seven justices on its bench. DeSantis, who recently dropped out of the race for the GOP presidential nomination, has spoken out against the controversial ballot initiative.

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