On August 23, 2022, a primary voter entered a polling place in Tampa, Florida.
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The Florida Supreme Court issued a ruling Monday allowing state voters to decide whether to protect abortion rights and legalize recreational marijuana use, rejecting arguments from the state attorney general that the measures should not be on the November ballot.
abortion rights
The proposed amendment would protect abortion rights after the state passed successive years of tougher restrictions that are now being challenged in court. Republican Attorney General Ashley Moody argued that the proposed amendment was deceptive and that voters would not realize the extent to which it would expand access to the program.
Faith Halstead chants with other protesters and activists near the Florida State Capitol as Florida senators vote, Monday, April 3, 2023, in Tallahassee, Florida Passed a six-week abortion ban.
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The ruling could boost Democrats’ poll numbers in a state that has been difficult to win in presidential elections. While many voters are not enthusiastic about a rematch between former President Donald Trump and President Joe Biden, it could inspire more abortion rights advocates to vote. Trump won Florida four years ago.
“No law shall prohibit, penalize, delay, or restrict abortion before the patient is viable or when the patient’s health care provider determines that it is necessary to protect the patient’s health,” the proposed amendment says. It specifies what is already in the state constitution. One exception: Parents must be notified before their minor child has an abortion.
Supporters of the measure argued that the ballot summary and the terse language of the proposed amendments meant Moody was playing politics rather than letting voters decide the issue.
Florida is one of several states where voters will have a direct say on the abortion issue this year.
People gather on the steps of the federal courthouse in Fort Lauderdale for a rally in support of abortion rights on May 7, 2022.
South Florida Sun-Sentinel | Tribune News Service | Getty Images
Since the U.S. Supreme Court overturned Roe v. Wade and struck down abortion rights nationwide, there has been a major push across the country to raise the abortion rights issue with voters. Maryland and New York are set to hold referendums guaranteeing abortion rights, and activists on both sides of the issue in at least seven other states are working to put measures on the 2024 ballot.
recreational marijuana
Voters will decide whether companies that grow and sell medical marijuana will be allowed to sell to adults over 21 for any reason. The ballot measure would also decriminalize personal possession of marijuana.
Moody’s also believes the proposal is deceptive, in part because federal law still does not allow recreational or medical use of marijuana. She argued that the court previously erred when it approved the language of a medical marijuana ballot initiative passed by voters in 2016.
It could also be an issue that inspires more Democrats to vote.
The court’s review of ballot language is limited to whether voters can understand it and that it contains a single issue, not the merits of the proposal itself. These measures require the support of 60% of voters to pass.
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