Attorney General Ashley Moody late Tuesday urged the Florida Supreme Court to reject a proposed constitutional amendment that seeks to ensure abortion rights, describing the measure as an effort to “hoodwink” voters.
Moody filed a 39-page brief contending that the proposal should be kept off the 2024 ballot because the wording of the
The Supreme Court plays a critical role, as it reviews proposed ballot measures to determine if the wording is clear and is limited to single subjects. It can reject initiatives that don’t meet legal standards. Under Roe v. Wade, the landmark U.S. Supreme Court abortion-rights decision that was tossed out last year, fetal viability was generally understood to mean about 23 or 24 weeks into pregnancy. But Moody argued that some voters could interpret viability differently than was understood under Roe v. Wade and another U.S. Supreme Court decision known as Planned Parenthood v. Casey.
“The proposed amendment is clear and precise in limiting government interference with abortion ‘before viability,’” Floridians Protecting Freedom Campaign Director Lauren Brenzel said in an Oct. 10 statement. “Viability in the abortion context has always meant the stage of fetal development when the life of a fetus is sustainable outside the womb through standard medical measures. This is how the state of Florida itself defines viability.
In addition, the brief said the ballot summary did not define the term “healthcare provider.” Also, it pointed to the wording that “no law shall” restrict abortions — saying that doesn’t take into account the possibility of federal restrictions.
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