By Dr. Rich Swier
Liberty Counsel Founder and Chairman Mat Staver will be presenting oral arguments before the Florida Supreme Court on Wednesday, February 7, 2024, beginning at 9:00 a.m. EST, regarding a proposed amendment that would codify unrestricted abortion as a right in the state constitution.
Liberty Counsel represents Florida Voters Against Extremism which is urging the Florida Supreme Court not to approve the wording of a proposed amendment that is misleading and deceptive and violates the single subject rule.
The proposed amendment, “Amendment to Limit Government Interference with Abortion,” would create a new section in the Florida Constitution “limiting government interference with abortion.” The full text of the accompanying ballot summary states: “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. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.”
The proposed amendment is sponsored by Floridians Protecting Freedom, Inc., a political committee supported by the Florida Alliance of Planned Parenthood Affiliates, the American Civil Liberties Union, and other groups that support unrestricted abortion on demand up to birth.
The effect of the proposed amendment would prevent the State of Florida from regulating all abortions that a vague and undefined “healthcare provider” may deem “necessary” to protect the woman’s “health.” The amendment leaves the terms “necessary” and “health” purposefully undefined and vague. The proposed amendment would permit Partial-Birth Abortion, which is banned by the federal Partial-Birth Abortion Ban Act. This conflict alone with the federal law disqualifies the proposed amendment. The proposed amendment also violates the Florida Constitution’s single-subject requirement by addressing multiple subjects, including pre-viability abortions and health in the same proposal. Those are distinct issues that cannot permissibly be put into a single ballot initiative.
According to the Florida Department of Health, a “healthcare practitioner” includes nearly 60 categories — everything from a massage therapist, audiologist, 911 public safety telecommunicator, and a tattoo artist. According to this proposed amendment, any of those professions could refer a woman for an abortion.
Please text or call Jack Kinnett, Vice President of Constituency Affairs for the Liberty Counsel @ 407.702.7478 or email Jack@LC.org for information if you are interested in attending or want additional info.
Hear Live Argument Here:
Liberty Counsel’s Briefs:
©2024. Dr. Rich Swier. All rights reserved.
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