Meaning of ‘viability’ at issue as FL Supreme Court considers letting voters weigh in on abortion

JACKSONVILLE, Fla. — The fate of a ballot initiative that could return the State of Florida’s abortion laws back to where they were before Roe V Wade was overturned is now in the hands of the Florida Supreme Court.

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It was a packed crowd at the Florida Supreme Court Wednesday, both inside and outside, where demonstrators supporting an opposing this proposed constitutional amendment made their voices heard.

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“Let the voters vote,” supporters of the abortion initiative chanted.

The question before the justices is whether the proposed amendment, which prevents any law from prohibiting, penalizing, delaying or restricting abortion access before viability as determined by a healthcare provider, would mislead voters or contains more than one subject.

One of the main assertions raised by Florida Attorney General Ashley Moody and other groups opposing the proposed amendment, is that the use of the word ‘viability’ is misleading and could go far beyond what some voters may interpret it to mean.

“Some voters may sus it out. Other voters will not,” said Nathan Forrester, an attorney representing the Florida Attorney General’s Office.

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Chief Justice Carlos Muñiz didn’t seem to buy it.

“It’s pretty obvious that this is a pretty aggressive, comprehensive approach to dealing with this issue and the voters can kind of argue about whether they want something more nuanced than that. It just doesn’t seem like this is really trying to be deceptive,” said Muñiz.

But Justice Meredith Sasso did press the amendment sponsor’s attorney Courtney Brewer on the question of what viability means.

“Why would it be unreasonable for a voter to read this language and say, I’ll vote for it because the legislature will be able to have a ban at 21 weeks with exceptions for the health of the mother. Why would that be an unreasonable conclusion by a voter?” questioned Sasso.

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“It would be unreasonable because it would be inconsistent with the language of the amendment,” replied Brewer.

“But that would be a surprise to a lot of voters wouldn’t it?” Sasso countered.

“I disagree, your honor. I think that the voters are perfectly capable of reading this language and understanding it,” Brewer responded.

Outside the court house, Florida House Minority Leader Fentrice Driskell (D-Tampa) argued the court should not stand in the way of allowing the voters to decide this issue.

“Over a million Floridians signed these ballot petitions. This is the voice of and the will of the people of Florida to protect a woman’s right to choose and it would be wrong for the court to override that,” said Driskell.

Related Story: Florida asks state Supreme Court to keep abortion rights amendment off the November ballot

The court has until April 1st to issue its opinion.

If approved, 60 percent of Florida voters would have to vote yes in November for the amendment to make it into the state constitution.

Aside from the proposed amendment, the Florida Supreme Court is also considering the legality of Florida’s 15-week abortion ban.

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A ruling in that case will determine whether the state’s more restrictive six-week ban is allowed to take effect.

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