Florida’s Amendment 4 Faces Legal Battles as Election Day Approaches

As Floridians prepare to cast their votes, Amendment 4, a measure proposing a constitutional right to abortion in the state, is still mired in legal and political wrangling.

Supporters argue the change would protect reproductive rights in Florida, while opponents warn it could lead to more extreme and unregulated abortion laws. With public opinion divided and intense involvement from advocacy groups and political leaders, Amendment 4 has become the focal point of 2024 election debates in the Sunshine State.

What is Florida’s Amendment 4?

Florida’s 4th Amendment, officially known as the “Limiting Government Intervention in Abortion Amendment,” aims to protect abortion rights in the state constitution and limits the government’s ability to restrict access prior to fetal survival.

The measure was introduced by the organization Floridians Protecting Liberty and will appear on the Nov. 5 ballot. If approved, the law would repeal the state’s current six-week abortion ban and preserve the right to abortion until about the 24th week of pregnancy or when necessary to protect the patient’s health, according to health care providers.

This initiative follows 2022 Supreme Court overturning decision Roe v. wadeThis has led many states to re-examine their abortion regulations.

Why Was Amendment 4 Caught in the Courts?

The measure faces numerous legal challenges from the Governor Ron DeSantisA fierce opponent and other anti-abortion groups argue it could undermine the legislature’s role in regulating abortion. Recently, the Florida Department of Health attempted to block campaign ads promoting the amendment, but U.S. District Judge Mark Walker issued a restraining order in favor of Floridians Protecting Liberty, the group behind ads supporting the ballot measure.

The ad in question features Caroline Williams, who says Florida’s current law banning most abortions after six weeks will prevent her from getting a life-saving abortion after being diagnosed with terminal brain cancer in 2022. Her doctors would not start cancer treatment while she was still pregnant.

In addition, the governor’s newly formed Election Crime and Security Office investigated allegations of petition fraud related to the campaign, further complicating the initiative’s path to the vote. Critics charge that these actions were intended to intimidate supporters and weaken voter support for the amendment, with Judge Walker ruling that the department’s actions amounted to a First Amendment violation.

How Will Access to Abortion Change in Florida If Passed?

If approved by 60 percent of voters, Amendment 4 would repeal the state’s restrictive six-week abortion ban that went into effect earlier this year and would legally preserve the right to abortion until fetal viability, which is generally around 24 weeks. It will also be necessary to make any restrictions on viability after an abortion to include exceptions when necessary to protect the patient’s health.

Amendment 4 would not affect existing laws requiring parental notification for minors. Supporters, including Planned Parenthood and the ACLU, emphasize that the measure is designed to restore autonomy to Florida residents; Opponents argue this could lead to broader reach than residents expect.

Who is for and against the 4th Amendment?

Amendment 4 has received support from a coalition of reproductive rights organizations, including local advocacy groups such as the ACLU of Florida, Planned Parenthood, and the Florida Women’s Freedom Coalition. Minister Joe Biden and Vice President Kamala HarrisThe Democrats’ 2024 presidential candidate also voiced his support. Supporters argue the change is necessary to protect reproductive health and individual choice, pointing to strong public support in recent polls.

“There has been a noticeable shift in public support and visibility for reproductive rights since the law was overturned. Roe v. wade. “This has mobilized individuals who were previously unable to make their voices heard, highlighting broader awareness of the impact of the issue on the health and autonomy of women and girls,” said Keisha Mulfort, senior communications strategist for the American Civil Liberties Union of Florida. he said. news week.

Opposition is led by Gov. Ron DeSantis, conservative groups like Florida Right to Life, and prominent anti-abortion organizations like Susan B. Anthony Pro-Life America. These groups argue that the text of the amendment is overly broad, potentially allowing non-physicians to perform abortions and eroding parental consent laws. DeSantis and his allies called the measure “radical,” warning that the constitutional amendment would permanently limit legal control over abortion.

Former President Donald Trump He joined the opposition to Amendment 4, which sought to expand abortion rights. Although she previously said she believed the six-week abortion limit was “too short,” she now says she plans to vote against the amendment.

Latest Polls on Amendment 4

Survey data reveals mixed but generally positive public opinion of Amendment 4.

A University of North Florida poll in October showed 60 percent of voters supported the measure, while 32 percent opposed it. In a separate report for FloridaPolitics.com, St. The Pete Survey reported similar results; 54 percent in favor, 38 percent against.

In order for the amendment to be accepted, at least 60 percent of the votes must be received on November 5. Recent polls suggest support could reach that threshold, but come very close to falling short.