Fla. split decision on abortion
Nov. rights referendum on ballot, but 6-week ban takes effect
The Florida Supreme Court on Monday ruled that an abortion rights referendum will appear on the November ballot but also rubber-stamped the state’s draconian new six-week ban, moves that could juice Democratic turnout and increase the chances for an upset in the Republican-trending state.
The conservative-dominated court said Sunshine State voters will get to weigh in on the prochoice ballot measure at the same time as they decide between President Biden and former President Donald Trump, who is a heavy favorite to carry his home state.
The judges rejected a challenge to the state’s existing 15-week abortion ban, a ruling that permits Gov. Ron DeSantis’ new ban on all abortions after six weeks of pregnancy to go into effect immediately.
The so-called Amendment Four would effectively overturn Florida’s current abortion ban, including the ban included in a recent bill signed by DeSantis that was contingent on the Supreme Court rejecting an appeal from pro-choice groups.
The ballot measure says Sunshine State voters want to “limit government interference with abortion” and says no Florida law may “prohibit, penalize, delay or restrict abortion” before the fetus can survive outside the womb or when necessary to protect the mother’s health.
The referendum would need the support of 60% of Florida voters to pass. That’s a tough lift in a state that has shifted dramatically to the right in the Trump era, but supporters point to polls that show large majorities of Americans support leaving abortion decisions to a woman and her doctor.
The new stricter six-week ban could stoke more intense anger among women and pro-choice voters. Florida politics is dominated by conservative anti-choice Republicans, meaning the ballot measure is the only realistic path to restoring women’s right to choose in the state.
The standard for allowing abortion that appears in the proposed referendum is similar to the benchmark that was the law of the land nationwide for nearly a half-century until the U.S. Supreme Court overturned Roe v. Wade in 2022.
A pro-choice group collected nearly 1 million signatures to get the measure on the November election ballot. Anti-choice groups and DeSantis oppose the effort.
Democrats believe the ballot referendum will energize their pro-choice base and could give them a chance to upset Trump and maybe Sen. Rick Scott, who is a heavy favorite to win reelection over Debbie Mucarsel-Powell, a former Miami congresswoman.
It could also help Team Blue chip away at GOP domination of the state’s heavily gerrymandered congressional delegation and state houses.
Abortion rights have been a can’t-miss boon for Democrats ever since the high court’s decision to overturn Roe v. Wade. Ballot measures protecting abortion rights have passed in red states like Ohio and Kansas, and pundits credit the issue with blunting a much-hyped GOP red wave in 2022.
The Florida Supreme Court also approved a proposed ballot measure that would legalize recreational use and possession of marijuana.