(NewsNation) — A proposed measure to enshrine abortion access in Florida received enough signatures to appear on the ballot, but the state Supreme Court must review its language before voters have their say.
The state currently bans abortions after 15 weeks, a law that’s also being challenged in the courts. Florida Gov. Ron DeSantis has additionally signed a six-week abortion ban that could take effect if the courts uphold the 15-week law.
Florida is the latest state to attempt to protect abortion access through its constitution. The effort so far has garnered bipartisan support despite opposition from DeSantis and Republican Florida Attorney General Ashley Moody.
Similar efforts are underway in as many as 13 states, according to a KFF analysis. California, Kansas, Kentucky, Michigan, Vermont, and Ohio have all held votes since the United States Supreme Court rolled back the federal protections previously granted under the landmark case Roe v. Wade. Abortion access prevailed in each state.
What will voters decide if the measure passes?
The proposed amendment aims to limit “government interference” with abortion.
If the measure makes it to the ballot, voters will decide whether to protect abortion access before fetal viability or when the procedure is necessary to protect the patient’s health. Those determinations would be up to the patient’s health care provider.
The amendment would not change parental or guardian notification requirements before a minor has an abortion.
What will the state supreme court rule on?
Moody asked the Florida Supreme Court to keep the measure off the ballot, citing concerns about the definitions of “viability,” “health” and “health care provider.”
The Florida Supreme Court is scheduled to hear arguments Wednesday.
DeSantis appointed five of the court’s seven active justices.
Who is in support of the measure?
A group of organizations and voters united as Floridians Protecting Freedom is leading the ballot effort.
The measure so far has generated support from both sides of the aisle. About 150,000 people who’ve signed the petition are Republican voters, NewsNation’s partner The Hill reported.
In a brief filed in November, the group said the court should allow the measure to go on the ballot, arguing that “the Court does not consider the proposed amendment’s wisdom or merits — those are political questions for the voters.”
Who opposes it?
Moody has argued that if health care providers are allowed to decide when a fetus has reached viability or when an abortion is necessary for a pregnant person’s health, the government will be left with “very little, if any” room to enforce abortion restrictions.
“The result could be a significantly more abortion-friendly legal regime — approaching abortion on demand— than the ballot title and summary suggest,” Moody wrote in a Nov. 15 brief.
DeSantis called the proposed ballot measure “very, very extreme,” adding that he doesn’t think it’s likely to pass in Florida, Politico reported Monday.
What are Florida’s current abortion laws?
Abortion is currently banned at 15 weeks in Florida. DeSantis, however, signed one of the nation’s most strict abortion restrictions last spring, banning the procedure after six weeks.
That limitation would take effect 30 days after the state’s Supreme Court rules on an existing challenge to the current 15-week abortion ban, according to the Center for Reproductive Rights.
Patients seeking an abortion in Florida must receive in-person counseling at least 24 hours before the procedure and are required to receive an ultrasound, “even if medically unnecessary,” according to the reproductive rights nonprofit Guttmacher Institute.
Only physicians are allowed to provide abortions in Florida.
What are the next steps for the abortion measure?
Florida’s Supreme Court will hear arguments Wednesday before making a determination. If upheld, it’s expected to appear on the November ballot alongside crucial state and federal races, including the presidential race.
If the measure makes it to the ballot, it would need at least a 60% vote to pass.
