Florida Attorney General Ashley Moody has requested the state Supreme Court to prevent a proposed abortion rights amendment from appearing on the ballot. Moody argues that supporters of the amendment are engaged in a relentless effort to protect the procedure and will subsequently seek to expand those rights in the future. However, proponents of the amendment believe that Moody’s arguments lack legal merit, as the proposed measure’s language is clear and precise.
A group called Floridians Protecting Freedom has gathered nearly 500,000 out of the required 891,523 voter signatures before the February 1 deadline to include the proposal on the 2024 ballot. If it proceeds, the state Supreme Court will examine the ballot language for accuracy and ensure it covers a single subject.
The amendment, if approved, would allow abortions to remain legal until the fetus is viable. Moody contends that there are discrepancies between abortion rights proponents and opponents regarding the definition of viability. Additionally, she argues that the failure to define terms such as “health” and “health-care provider” could mislead voters and potentially lead to legal uncertainties in the future.
Moody claims that the ballot summary is part of a larger plan to introduce ambiguous language that would enable abortion proponents to argue for a broader interpretation than what voters initially anticipated. In her 50-page brief, she highlights that while previous court decisions have defined viability as the ability of a fetus to survive outside the womb, some may interpret it as a pregnancy that, without an abortion or other complications, would result in a live birth.
Proponents of the amendment dispute Moody’s statements, emphasizing that the proposed measure is clear and precise. Democratic state Representative Anna Eskamani asserts that viability is a medical term that, in the context of abortion, refers to the stage at which a fetus can sustain life outside the womb through standard medical measures.
Moody also raises concerns about the amendment’s language allowing abortions after the point of viability to protect the mother’s health, arguing that it fails to distinguish between physical and mental health. Additionally, she suggests that voters might assume a health-care provider refers to a doctor, although the amendment does not explicitly state so.
Florida has been under Republican control since 1999, with Republicans dominating state politics and holding the governor’s office and both branches of the Legislature. Throughout this time, the state has progressively restricted abortion rights, implementing measures such as mandatory waiting periods, parental notification for minors seeking abortions, and mandatory ultrasounds before the procedure.
Furthermore, a law signed by Governor DeSantis last year, which bans abortion after 15 weeks, is currently being challenged in court. If the courts uphold the law, which was influenced by DeSantis appointing five out of the Supreme Court’s seven justices, a bill signed by DeSantis this year will prohibit abortion after six weeks, a time when many women are unaware of their pregnancy. DeSantis, who is running for president, has expressed support for a federal abortion ban after 15 weeks.
In the event that the amendment appears on the ballot, it will require at least 60% voter approval to be enacted.
