TALLAHASSEE, FLA. (WSVN) - A major moment is expected this week in Florida’s capital, as the state Supreme Court is expected to release a ruling on whether to allow voters to decide on state abortion rights this November.
The fate of abortion rights in the Sunshine State has moved, from now, from the hands of lawmakers to those of the Supreme Court.
The question before justices: should Floridians be able to vote on an amendment to the state constitution protecting the right to an abortion?
The Supreme Court must decide if the proposal can appear on the November ballot. It reads:
“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.”
These 26 words would establish the right to an abortion in the state of Florida, despite what the Legislature may pass.
Courtney Brewer was among those who argued in favor of the proposal to the justices.
“The language of the amendment is clear,” she said.
And that’s all justices need to decide. Is the wording clear and not misleading? Does it stick to one topic?
Proponents who gathered more than a million signatures to get the measure on the ballot say it meets the test.
“There is nothing misleading. The opponents have not identified anything misleading,” said Brewer.
But those same opponents disagree, indicating that the language is vague and goes too far.
“This amendment should not be approved because it violates the single subject rule,” said Mat Staver, who argued against the proposal to the justices. “There’s four words that doom this amendment: ‘no law shall restrict.’ That is breathtakingly broad.”
The justices, five of whom were appointed by Florida Gov. Ron DeSantis, have their own questions.
“Every regulation restricts something,” said Staver.
“But if you’re right, and that’s clear on the face of the proposal, what do we to do about it?” said Florida Supreme Court Justice John D. Couriel.
“Strike it down and not allow it, because that cannot go on the ballot,” said Staver.
“The people of Florida aren’t stupid. I mean, they can figure this out,” said Florida Supreme Court Chief Justice Carlos G. Muñiz.
After arguments back in February, both sides continued to make their case outside the court.
“Those who argue for an unrestricted right to abortion want to try to solve the abortion debate by just eliminating one side of the debate,” said Father Frank Pavone with Priests for Life.
“This amendment literally throws women into the back alleys of abortion, because it deregulates abortion,” said another detractor of the proposal.
But Nikki Fried, Chair of the Florida Democratic Party, said there is nothing vague or problematic about the amendment.
“The language is clear. The people of the state and the people of this country understand this issue,” she said.
“Floridians really do not want politicians interfering with their private decisions,” said Lauren Brenzel with Floridians Protecting Freedom.
But for the state Supreme Court, the question isn’t abortion, but can the amendment be placed directly to Florida voters.
DeSantis weighed in on the matter briefly during a South Florida stop last week.
“Anytime you file those amendments, there are certain rules that you have to follow, so we’ll have to see what ends up happening, and then we’ll go from there,” he said.
The decision is expected to be announced at around 4 p.m. on Monday.
Stay tuned for live reports starting Monday on 7News at Noon.
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