Florida's Supreme Court was expected to rule by Monday afternoon on a constitutional amendment that could put the question of abortion on the 2024 ballot, according to Newsweek.
Amendment 4 would allow abortion to remain legal in Florida until the fetus is considered viable. The deadline for the state's high court to approve the measure's language is April 1.
Florida Gov. Ron DeSantis, a Republican, signed a ban on most abortions after six weeks of pregnancy last year, but it was paused from taking effect after abortion advocates collected enough petition signatures to pass a citizens' initiative, which is one of the ways an amendment to the state's constitution can be considered. The six-week ban allows exceptions in cases of rape or incest.
Abortion is currently legal in Florida up to 15 weeks of gestation.
According to Newsweek, the state's high court needs to approve the wording of the ballot measure that residents could vote on in November.
"No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider," the ballot summary reads. "This amendment does not change the Legislature's constitutional authority to require notification to a parent or guardian before a minor has an abortion."
In a brief filed with the Florida Supreme Court in November, state Attorney General Ashley Moody argued that the word "viability" is ambiguous and would confuse voters, paving the way for "ticking time bombs that will enable abortion proponents later to argue that the amendment has a much broader meaning than voters would ever have thought."
The state's ability to regulate abortions would also be undermined by allowing heathcare providers to determine if a fetus is viable, Moody said.
"If 'healthcare providers' can determine for themselves whether an abortion is necessary to the mother's 'health' or whether a baby has reached 'viability,' very little, if any, of the power to enact, prosecute, or adjudicate laws restricting abortion will be left to the three branches of government," the filing states. "This precipitous shift in lawmaking power should be made explicit to the voters. The ballot summary fails to do so."
Democrat state Rep. Anna Eskamani said in November that the "proposed amendment is very clear and precise."
"The term viability is a medical one, and in the context of abortion has always meant the stage of fetal development when the life of a fetus is sustainable outside the womb through standard medical measures," she said.
Lauren Brenzel, campaign director for Yes on 4, the campaign for the amendment by Floridians Protecting Freedom, told Newsweek that opponents of the ballot measure "attempted to distort case law, misapply legal tests, and even asked the court to invent new standards in a desperate attempt to hide their lack of a legal argument behind hollow political rhetoric."
Courtney Brewer, a legal writing professor at Florida State University who is affiliated with Floridians Protecting Freedom, told Newsweek that the amendment "clearly meets the criteria to be placed on the ballot before voters," as "a plain reading of the amendment language shows that it pertains to only one subject and the summary is clear."
If the amendment appears on the ballot, it will need to be approved by at least 60% of voters to pass, according to The Associated Press.
Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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