Deceptive or Clear? Florida Supreme Court Weighs Abortion Rights Amendment

Lawyers opposing an abortion-rights measure in Florida argued before the state Supreme Court on Wednesday, claiming the proposed amendment is deceptive and fails to inform voters adequately about its potential implications.

Chief Justice Carlos Muniz, appointed by Republican Gov. Ron DeSantis, remarked that the proposed ballot question is transparent in its intent to prevent the state from imposing significant abortion restrictions. “This is a wolf coming as a wolf,” Muniz said, suggesting that Florida voters can discern the amendment’s purpose.

The proposed amendment states that no law should impede abortion before viability or when deemed necessary for the patient’s health by a healthcare provider, with an exception for parental notification for minors — a provision already in the state constitution. Lawyers representing Attorney General Ashley Moody and the religious freedom group Liberty Counsel contended that the amendment would effectively eliminate any regulation on abortion.

Liberty Counsel Chair Mat Staver asserted, “It is a free-for-all. It’s total deregulation of abortion, which is frankly deceptive,” emphasizing the broad scope of the proposed measure.

In contrast, proponents of the amendment defended its clarity, insisting that both the ballot summary and the proposed amendment are straightforward. Courtney Brewer, representing Floridians Protecting Freedom, expressed confidence that voters would understand the amendment’s purpose.

The group collected nearly 1 million voter signatures, surpassing the required threshold for ballot consideration. The court’s role is to assess whether the proposed amendment focuses on a single subject and whether voters can comprehend its implications.

Florida is among several states where abortion-related questions could appear on ballots this year, reflecting a nationwide trend since the U.S. Supreme Court overturned Roe v. Wade.

The case also raises questions about whether DeSantis, who appointed all three women on the bench, has influenced the court’s trajectory regarding abortion. A ruling is anticipated by April 1.

Meanwhile, both sides await a decision from the Florida Supreme Court on a 15-week abortion ban passed in 2022. Legislators have also approved a six-week ban, pending the court’s review of the 2022 measure.

If the amendment proceeds to the ballot, it would require 60% voter approval. Changes to abortion access in Florida would reverberate across state lines, given its historical significance as a destination for women seeking abortions in the southeastern U.S.