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Florida Attorney General [[Ashley Moody]], a Republican, has opposed the ballot initiative since October 2023, when she asked the [[Florida Supreme Court]] to analyse the ballot initiative.<ref>{{cite news |title=Florida's Republican attorney general will oppose putting abortion rights amendment on 2024 ballot |url=https://apnews.com/article/florida-ashley-moody-abortion-5afc117ddf1276111fe415ff583abc9e |access-date=April 13, 2024 |work=[[Associated Press]] |date=October 11, 2023}}</ref><ref>{{cite news |title=Florida Attorney General Ashley Moody to fight abortion amendment |url=https://www.cbsnews.com/miami/news/florida-attorney-general-ashley-moody-to-fight-abortion-amendment/ |access-date=April 13, 2024 |work=[[CBS Miami]] |date=October 9, 2023}}</ref> In November 2023, Moody urged the Florida Supreme Court to block the ballot initiative, as she questioned the definition of "viability" and argued that the ballot initiative will "lay 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".<ref>{{cite news |last1=Farrington |first1=Brendan |title=Florida attorney general, against criticism, seeks to keep abortion rights amendment off 2024 ballot |url=https://apnews.com/article/abortion-ashley-moody-florida-politics-0db0a1a4deb47fa1b82410b7670b16e3 |access-date=April 13, 2024 |work=[[Associated Press]] |date=November 2, 2023}}</ref>
Florida Attorney General [[Ashley Moody]], a Republican, has opposed the ballot initiative since October 2023, when she asked the [[Florida Supreme Court]] to analyse the ballot initiative.<ref>{{cite news |title=Florida's Republican attorney general will oppose putting abortion rights amendment on 2024 ballot |url=https://apnews.com/article/florida-ashley-moody-abortion-5afc117ddf1276111fe415ff583abc9e |access-date=April 13, 2024 |work=[[Associated Press]] |date=October 11, 2023}}</ref><ref>{{cite news |title=Florida Attorney General Ashley Moody to fight abortion amendment |url=https://www.cbsnews.com/miami/news/florida-attorney-general-ashley-moody-to-fight-abortion-amendment/ |access-date=April 13, 2024 |work=[[CBS Miami]] |date=October 9, 2023}}</ref> In November 2023, Moody urged the Florida Supreme Court to block the ballot initiative, as she questioned the definition of "viability" and argued that the ballot initiative will "lay 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".<ref>{{cite news |last1=Farrington |first1=Brendan |title=Florida attorney general, against criticism, seeks to keep abortion rights amendment off 2024 ballot |url=https://apnews.com/article/abortion-ashley-moody-florida-politics-0db0a1a4deb47fa1b82410b7670b16e3 |access-date=April 13, 2024 |work=[[Associated Press]] |date=November 2, 2023}}</ref>


The [[Florida Supreme Court]] in April 2024 approved Florida Amendment 4 to be placed on the ballot for voting in November 2024, because it adequately satisfied the requirements set.<ref name=Shawna>{{cite news |last1=Mizelle |first1=Shawna |title=Florida Supreme Court clears the way for abortion ballot initiative while upholding 15-week abortion ban |url=https://www.cbsnews.com/news/florida-supreme-court-abortion-ballot-initiative-amendment-4/ |access-date=April 13, 2024 |work=[[CBS News]] |date=April 1, 2024}}</ref> Despite Florida Attorney General Ashley Moody arguing that some of the language was deceptive, the Florida Supreme Court instead ruled that "it cannot be said that the ballot summary will mislead voters regarding the actual text of the proposed amendment."<ref name=Suarez>{{cite news |last1=Suarez |first1=Carlos |last2=Royal |first2=Denise |last3=Forrest |first3=Jack |title=Florida six-week abortion ban will soon become law, but voters will consider a constitutional amendment this fall |url=https://edition.cnn.com/2024/04/01/politics/florida-six-week-abortion-ban/index.html |access-date=April 13, 2024 |work=[[CNN]] |date=April 2, 2024}}</ref> The Florida Supreme Court also ruled that there is "no basis for concluding that the proposed amendment is facially invalid under the United States Constitution."<ref name=Shawna/>
The [[Florida Supreme Court]] in April 2024 approved Florida Amendment 4 to be placed on the ballot for voting in November 2024, because it adequately satisfied the requirements set.<ref name=Shawna>{{cite news |last1=Mizelle |first1=Shawna |title=Florida Supreme Court clears the way for abortion ballot initiative while upholding 15-week abortion ban |url=https://www.cbsnews.com/news/florida-supreme-court-abortion-ballot-initiative-amendment-4/ |access-date=April 13, 2024 |work=[[CBS News]] |date=April 1, 2024}}</ref> Despite Florida Attorney General Ashley Moody arguing that the ballot summary was deceptive, the Florida Supreme Court instead ruled that "it cannot be said that the ballot summary will mislead voters regarding the actual text of the proposed amendment."<ref name=Suarez>{{cite news |last1=Suarez |first1=Carlos |last2=Royal |first2=Denise |last3=Forrest |first3=Jack |title=Florida six-week abortion ban will soon become law, but voters will consider a constitutional amendment this fall |url=https://edition.cnn.com/2024/04/01/politics/florida-six-week-abortion-ban/index.html |access-date=April 13, 2024 |work=[[CNN]] |date=April 2, 2024}}</ref> The court also clarified that the ballot summary is not required to provide "an exhaustive explanation of the interpretation and future possible effects of the amendment."<ref>{{cite web |title=Advisory Opinion to the Attorney General Re: Limiting Government Interference with Abortion. |url=https://supremecourt.flcourts.gov/content/download/2285282/opinion/Opinion_SC2023-1392.pdf |publisher=Supreme Court of Florida |access-date=13 April 2024 |date=1 April 2024}}</ref> Finally, the court ruled that there is "no basis for concluding that the proposed amendment is facially invalid under the United States Constitution."<ref name=Shawna/>


==Support and opposition==
==Support and opposition==

Revision as of 15:56, 13 April 2024

Florida Amendment 4 is a proposed amendment to the Florida Constitution that will be subject to a referendum in November 2024.[1] The amendment would establish a constitutional right to abortion before fetal viability (generally considered to be between 23 and 24 weeks gestational age). A 60% supermajority vote is required for the amendment to be approved.[2][3]

Content

The ballot summary for the amendment states:[4]

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. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.

If approved, the initiative would add the following text to Article I of the Florida Constitution:

Except as provided in Article X, Section 22, 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.

Legal challenges

Florida Attorney General Ashley Moody, a Republican, has opposed the ballot initiative since October 2023, when she asked the Florida Supreme Court to analyse the ballot initiative.[5][6] In November 2023, Moody urged the Florida Supreme Court to block the ballot initiative, as she questioned the definition of "viability" and argued that the ballot initiative will "lay 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".[7]

The Florida Supreme Court in April 2024 approved Florida Amendment 4 to be placed on the ballot for voting in November 2024, because it adequately satisfied the requirements set.[8] Despite Florida Attorney General Ashley Moody arguing that the ballot summary was deceptive, the Florida Supreme Court instead ruled that "it cannot be said that the ballot summary will mislead voters regarding the actual text of the proposed amendment."[9] The court also clarified that the ballot summary is not required to provide "an exhaustive explanation of the interpretation and future possible effects of the amendment."[10] Finally, the court ruled that there is "no basis for concluding that the proposed amendment is facially invalid under the United States Constitution."[8]

Support and opposition

Florida Governor Ron DeSantis in April 2024 criticized Florida Amendment 4 as "radical" and "very, very extreme".[11]

References

  1. ^ Lizza, Ryan (April 6, 2024). "Abortion Might Be a Winning Issue — Even in Florida". Politico Magazine. Retrieved April 13, 2024.
  2. ^ "Florida Amendment 4, Right to Abortion Initiative (2024)". Ballotpedia. Retrieved 6 April 2024.
  3. ^ Miami Times Staff (2 April 2024). "Recreational weed and abortion referendums approved for Florida ballot". The Miami Times. Retrieved 6 April 2024.
  4. ^ "Amendment to Limit Government Interference with Abortion". Florida Division of Elections. Retrieved 13 April 2024.
  5. ^ "Florida's Republican attorney general will oppose putting abortion rights amendment on 2024 ballot". Associated Press. October 11, 2023. Retrieved April 13, 2024.
  6. ^ "Florida Attorney General Ashley Moody to fight abortion amendment". CBS Miami. October 9, 2023. Retrieved April 13, 2024.
  7. ^ Farrington, Brendan (November 2, 2023). "Florida attorney general, against criticism, seeks to keep abortion rights amendment off 2024 ballot". Associated Press. Retrieved April 13, 2024.
  8. ^ a b Mizelle, Shawna (April 1, 2024). "Florida Supreme Court clears the way for abortion ballot initiative while upholding 15-week abortion ban". CBS News. Retrieved April 13, 2024.
  9. ^ Suarez, Carlos; Royal, Denise; Forrest, Jack (April 2, 2024). "Florida six-week abortion ban will soon become law, but voters will consider a constitutional amendment this fall". CNN. Retrieved April 13, 2024.
  10. ^ "Advisory Opinion to the Attorney General Re: Limiting Government Interference with Abortion" (PDF). Supreme Court of Florida. 1 April 2024. Retrieved 13 April 2024.
  11. ^ "Gov. DeSantis calls abortion, marijuana ballot amendments too "radical" to pass". CBS Miami. April 5, 2024. Retrieved April 13, 2024.

External links