In two landmark decisions, the Florida Supreme Court on Monday upheld the state's 15-week abortion ban while putting an amendment on the November ballot to enshrine abortion protections in the state constitution. was allowed.
The conservative-leaning court's decision on the 15-week ban also means a six-week abortion ban, with exceptions for rape, incest and the life of the mother, that Gov. Ron DeSantis signed into law last year goes into effect.
But the court's decision to allow the constitutional amendment to appear on the ballot this fall means voters will have a chance to lift those restrictions in just seven months.
In the nearly two years since the U.S. Supreme Court struck down Roe v. Wade, Republicans have made multiple moves to restrict access to abortion.
In 2022, Republican Gov. Ron DeSantis signed a 15-week abortion ban that passed the Republican-led Legislature and was almost immediately challenged in court.
Then, in April 2023, just weeks before announcing his presidential bid, he signed a six-week suspension, which was quickly challenged.
In considering the first challenge to the 15-week ban, the state Supreme Court said the six-week ban will remain blocked until the court rules on the 15-week proposal.
In Monday's decision on the ban, the court's justices wrote in a majority opinion that, “Consistent with the long-standing principle that the judiciary respects legislative enactment, there is no basis to strike down the 15-week law based on the privacy clause. I conclude that.'' .
It added that the plaintiffs in the case, the family planning organizations, “are unable to overcome the presumption of constitutionality and prove beyond a reasonable doubt that the 15-week ban is unconstitutional.”
As a result, the judges concluded that “the six-week ban will take effect within 30 days.”
At the same time, the ruling on the amendment effectively allows Florida voters to decide whether to continue the six-week ban.
In allowing the amendment to be introduced in November, the justices accepted a straightforward interpretation of their responsibilities under the law in approving ballot measures. This meant ensuring that the proposed language was not confusing, unclear or misleading, and that it did not cover more than that. one subject.
“We authorize the amendment to appear on the ballot,” the justices wrote in their opinion.
They added that the bill's sponsors' intentions were clear and that the opponents' philosophical differences did not merit its removal from the ballot.
“It is clearly stated in language that clearly and unambiguously reflects the text of the amendment that the primary goal and principal purpose of the amendment is to limit government intervention in abortion; and The broad scope of this amendment is clear from the wording of the summary,'' they wrote. “To deny this requires an escape from reality.”
Monday's decision on the amendment was the last major hurdle in red-leaning states for voters to decide on ballot measures this fall.
Reproductive rights groups had exceeded the number of valid signatures needed in the state for the bill, which state officials have already announced will appear on the general election ballot as “Amendment 4.” .
But under Florida law, the state Supreme Court must review the language of citizen-initiated constitutional amendments before they can formally move forward.
The proposed amendment would prohibit restrictions on abortions before the fetus is viable, which is considered to be around 24 weeks of pregnancy. This means the six-week ban will no longer be valid. It would also include an exception for “the patient's health as determined by the patient's health care provider” beyond that point.
Allowing the bill to be introduced in November could also have political consequences. Putting the decision to expand abortion access in the hands of voters could help boost turnout in Florida not only among Democrats but also among independents and Republicans who strongly support reproductive rights. . That could increase the chances of Democrats going up or down the state's vote, with this year's key presidential and Senate races likely to be decided by close margins.
The Florida abortion rights group's ballot measure effort is one of at least 11 groups across the country aiming to put abortion rights directly in the hands of voters in 2024.
Supporters on both sides of the issue have long viewed the amendment's review by the state Supreme Court as conservatives' best chance to block the bill, due in large part to the court's ideological makeup. was. Republican Governor Ron DeSantis is a fierce opponent of abortion.
The court review was aided by a fierce challenge from anti-abortion conservatives in Florida, including Republican Attorney General Ashley Moody, who argued that the language on the ballot was designed to mislead voters. .
Moody's challenge specifically asked the court to block the question from appearing on the ballot altogether. She denounced the bill as an effort aimed at “cheating” voters because of differing opinions between abortion rights supporters and opponents regarding the definition of fetal viability.
Despite its ideological makeup, conservative justices on the court indicated in their opening arguments last month that they were likely to allow the amendment.
And even though they asked tough questions of lawyers representing the abortion rights group Liberty Defending Floridians, which is leading the voting effort, the justices issued even harsher comments to the state's lawyers. did.
“It's clear that this is an aggressive and comprehensive approach to addressing this issue,” Chief Justice Carlos Muniz said, dismissing arguments that the ballot language was confusing. “The people of Florida are not stupid. They will understand what this is saying.”
The deadline for the court to approve or reject the proposed language was Monday.