Florida Supreme Court Allows DeSantis’ 6-Week Abortion Ban to Stand But Also Approves Abortion Access Ballot Amendment

Francis Chung/POLITICO via AP Images.

The Florida Supreme Court issued several much-anticipated opinions on Monday, allowing the 6-week abortion ban Gov. Ron DeSantis (R) signed to stand but also allowing state constitutional amendments regarding abortion access and recreational marijuana to be on the ballot in the fall.

In one ruling, the state’s highest court rejected a challenge to a 15-week abortion ban that was brought under the privacy provisions of the Florida Constitution. As reported by the Miami Herald, “[u]pholding the current law triggers a six-week abortion ban that lawmakers approved last year to go into effect.” The Florida law has limited exceptions for rape and incest and will now be effective 30 days from Monday’s ruling.

In a separate ruling, the Florida Supreme Court also approved a ballot initiative that would put the issue to the voters on the November ballot. As The Bulwark’s national political reporter Marc Caputo noted, the specific language of the ballot initiative “sidesteps the issue of weeks” like the 15-week and now 6-week bans DeSantis has signed, in favor of focusing on “viability.”

“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 proposed amendment states.

Another ruling approved a ballot initiative regarding marijuana use by adults over 21 years of age.

Florida law allows citizen petitions to put proposed amendments to the state constitution on the ballot, subject to review by the Florida Supreme Court. As Politico’s Gary Fineout pointed out, the court’s review is “limited in scope” to confirm that the proposed amendment has only a single subject and the wording is not misleading.

Amendments require 60% approval to pass, and at least regarding the abortion issue, it’s far from certain whether it will pass or fail. Caputo commented that support for the abortion amendment was “polling around 70%,” but that was still “cutting it close” due to organized opposition from the Florida Republican Party and historical falloff from other past ballot issues dropping about 10% of their support compared to polling.

On the flip side, the abortion issue has been a motivating one for the left, and Florida Democrats may find it easier to solicit donations and volunteer support from neighboring states, since abortion restrictions across the South had led women to travel to Florida before the 15-week ban — now 6-week ban — was allowed to stand.

Florida Democratic Party chair Nikki Fried reacted to the Florida Supreme Court rulings on social media by telling her followers to “[l]et that sink in” that abortion would be banned after 6 weeks, “but the power is back in YOUR hands!” and urging them to vote “Yes” on what will be Amendment 4 on the November ballot.

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