Court weighs ballot measure to allow abortion `before viability'
MIAMI — The Florida Supreme Court seemed reluctant Wednesday to block a proposed measure protecting abortion rights from appearing on the November ballot, even though several members of the conservative-leaning court questioned whether the measure's language made clear its potentially sweeping effects.
The constitutional amendment would ask Floridians to “limit government interference with abortion” before a fetus is considered viable, which is often around 24 weeks of pregnancy.
If the language summarizing the initiative on the ballot is not deceptive, several justices indicated, then it would be up to voters — and not the court — to decide whether they agree with such a broad measure.
“The people of Florida aren't stupid,” Chief Justice Carlos G. Muñiz said during a hearing in Tallahassee. “I mean, they can figure this out.”
Florida was until recently a frequent destination for women from the South seeking an abortion, because it allowed the procedure up to about 24 weeks. But in 2022, the state enacted a ban on abortions after 15 weeks, and last year, a ban after six weeks.
Floridians are awaiting a ruling from the state Supreme Court on the constitutionality of the 15-week ban. If, as expected, the court affirms it, the way would be cleared for the six-week ban to take effect.
The court's ideological balance has shifted in recent years, from liberal to conservative.
Even so, several of the justices dismissed arguments Wednesday by the ballot measure's opponents, led by the office of the state's Republican attorney general, that the language of the proposed amendment and its ballot summary were too broad, vague and misleading.
Proponents of the ballot measure see Florida as a major target in their campaign to expand abortion rights in the wake of the overturning of Roe v. Wade in 2022, by giving voters a direct say in the matter.
The Florida justices have until April 1 to rule on the constitutionality of the proposed measure's language. If it passes muster and is placed on the ballot, it would require more than 60% support from voters to pass.