FL Supreme Court expedites case alleging DeSantis interference on abortion-rights amendment

Supreme Court of Florida. Credit: Danielle J. BrownThe Florida Supreme Court agreed Wednesday to fast-track a lawsuit filed by a South Florida attorney alleging that Gov. Ron DeSantis and other state officials are interfering with the campaign for the abortion-rights amendment.

Adam Richardson filed a petition with the court on Tuesday claiming that Florida’s top leaders are misusing and abusing their offices in opposing Amendment 4, which would protect abortion access until the point of viability.

The court told DeSantis, Attorney General Ashley Moody, and Jason Weida, secretary of the Florida Agency for Healthcare Administration, to submit their response by Sept. 23.

Adam Richardson via Burlington & Rockenbach

“Respondents’ actions aim to interfere with the people’s right to decide whether or not to approve a citizen-initiated proposal to amend their Constitution, free from undue government interference,” Richardson wrote in his plea asking the justices to expedite the case.

“There are only 56 days until the election. Every day Respondents can act unlawfully is another day they abuse state resources and sully the election for Amendment 4. The matter cannot wait.”

The appellate attorney, who claims standing to sue as a taxpayer, asked the court to step in after AHCA published a webpage on Sept. 5 declaring that the abortion-rights amendment “threatens women’s safety.” Once DeSantis, Moody, and Weida respond to Richardson’s claims, he will have until Sept. 30 to respond.

In the petition, Richardson also cited a Sept. 5 email from the Executive Office of the Governor inviting faith and community leaders to an event titled, “Your Legal Rights & Amendment 4’s Ramifications,” as another example of the leaders misusing their power.

Floridians Protecting Freedom, sponsor of the abortion-rights amendment, isn’t a party to Richardson’s case but organizers said Wednesday that they plan to file their own suit in state court challenging use of state funds in messaging opposing Amendment 4.

“We’re challenging the misuse of taxpayer dollars to lie to voters about this amendment,” said Keisha Mulfort, senior communications strategist for the ACLU of Florida, during a press conference. “This is not what government is supposed to be. It’s not what government is supposed to do. This is not normal.”

DeSantis says webpage is accurate

The governor has rebuffed the backlash against AHCA’s webpage and a video directing people to the webpage.

“It’s not an anti-Amendment 4,” DeSantis declared during a news conference Tuesday. “What it is, it’s providing information about what Florida law is and the resources that are available under that law.”

He insisted the amendment would allow nondoctors to provide abortions until the moment of birth. However, the amendment would protect abortions until viability, when a child could live outside the womb, at around 24 weeks’ gestation, unless medically necessary — similar to the system under Roe v. Wade.

Yes on 4’s Campaign Director Lauren Brenzel during the group’s press conference labeled claims that women want to have abortions later in pregnancy “disgusting.”

“I would dare anyone who makes this kind of claims against women sit down with somebody who has had to have an abortion later in pregnancy and tell her that what she did was elective,” she said.

“We’re talking about women who have lives planned for their children, who have names for their children, who have built a life in their mind around what being a parent to that child will look like, and who have faced devastating losses because of their own health or because of the health of the child that they were carrying.”

She said that the campaign doesn’t envision anyone other than a doctor providing medical care to patients. The amendment summary mentions that patients and their healthcare providers would determine whether an abortion is needed to protect the patient’s health.