Florida Supreme Court abortion, marijuana amendment rulings likely Monday

Florida Supreme Court will likely rule Monday on proposed abortion, marijuana ballot proposals

TALLAHASSEE - The wait likely will last through the weekend.

The Florida Supreme Court appears poised Monday afternoon to issue rulings about whether proposed constitutional amendments that seek to ensure abortion rights and allow recreational marijuana will go on the November ballot.

Last Thursday, the high court issued a statement that said it will release "out-of-calendar" opinions at 4 p.m. Monday. The court typically releases opinions each Thursday morning, with "out-of-calendar" opinions released at other times.

The Florida Democratic Party, which is trying to make abortion rights a major issue in the November elections, sent out a fund-raising email Thursday that noted the delay.

"This is nerve wracking, folks," the email said. "We are still waiting to hear a decision from the Florida Supreme Court that will determine whether or not abortion access will be on the ballot in November."

Political committees behind the two proposed amendments have submitted enough petition signatures to reach the ballot. But the Supreme Court plays a key role because it must decide whether the wording of initiatives' ballot titles and summaries - the parts that voters see when they go to the polls - meet legal tests. Those tests include whether the wording is clear and whether it deals with only single subjects.

While the political committees argue that both proposals should get Supreme Court approval, Attorney General Ashley Moody and other opponents contend that justices should block the measures from the ballot.

The ballot summary for the abortion rights proposal says, in part: "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 committee Floridians Protecting Freedom announced the abortion rights initiative in May after the Republican-controlled Legislature and Gov. Ron DeSantis approved a law that could prevent abortions after six weeks of pregnancy. The six-week limit is contingent on the outcome of a legal battle about a 15-week abortion limit that DeSantis and lawmakers approved in 2022.

Floridians Protecting Freedom hopes the voters will ultimately decide the state's abortion rights path.

"Providers are the experts at giving medical care. Doctors know best how to treat their patients. Unfortunately because of these incredibly restrictive laws, we're seeing an interference between the provider-patient relationship. We Floridians really don't want politicians involved in our private decisions. That is something that crosses political lines, that crosses age and race," Floridians Protecting Freedom campaign director Lauren Brenzel. 

If the measure makes it onto the ballot and it passes, it would undo the current 15-week abortion ban. 

Meanwhile, the recreational marijuana initiative, sponsored by the Smart & Safe Florida political committee, comes after Florida voters in 2016 passed an initiative that broadly allowed medical marijuana.

The proposed ballot summary, in part, says the measure would allow "adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories" for non-medical consumption.

If the proposals reach the ballot, they would need approval from 60 percent of voters to pass. 

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