The Florida Supreme Court issued two rulings on Monday approving ballot measures that could broaden abortion rights and legalize the recreational use of marijuana in the state. Florida’s Republican Attorney General, Ashley Moody, asked the state’s high court to review both measures late last year — arguing that the language was too vague and could confuse voters. Under Florida law, the state Supreme Court reviews all ballot measures for clarity prior to an election.
In a 39-page brief filed in November, Moody contended that the abortion rights ballot measure should be kept off of the 2024 ballot as it misleads voters regarding just how expansive the proposed abortion rights would be. “The ballot summary here is part of a … design to lay ticking time bombs that will enable abortion proponents later to argue that the amendment has a much broader meaning than voters would ever have thought,” Moody argued in her court filing. If the measure is adopted by Florida voters, abortion in the state would remain legal up to fetal viability — the definition of ‘viability’ being the cause of the Attorney General’s concern.
At the same time, the Florida Supreme Court reaffirmed the ban on abortions beyond 15 weeks that Governor Ron DeSantis instituted in April 2022. DeSantis also enacted a six-week ban in the wake of the 15-week ban, structured to begin a month following court approval of the 15-week ban. Given Monday’s ruling, the six-week ban could start being enforced in May.
In addition to the abortion ballot question, the court also approved a separate measure asking voters if they want to legalize the recreational use of marijuana in the state. The ballot measure would legalize the possession of marijuana for personal use and allow the sale to residents over the age of 21.
