Abortion ballot measure faces potential roadblocks

Kimberly Leonard's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
May 02, 2024 View in browser
 
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By Kimberly Leonard, Arek Sarkissian and Siena Duncan

Florida Gov. Ron DeSantis speaks to supporters before signing a 15-week abortion ban into law.

Florida Gov. Ron DeSantis speaks to supporters before signing an abortion ban into law April 14, 2022, in Kissimmee, Florida. | John Raoux/AP

Good morning and welcome to Thursday. 

Florida voters will decide in November whether to reinstate abortion rights in the state — unless anti-abortion advocates can find a way out.

Some organizations are planning possible ways to remove the referendum or narrow it. Mat Staver, chairman of the Orlando-based Liberty Counsel, said the abortion amendment may be hit with a lawsuit before November.

The group is considering challenging some of the ways that signatures were collected to get on the ballot. It’s also considering challenging the ballot’s language by raising the prospect of “fetal personhood.” Under the state Constitution, all natural persons are guaranteed basic rights and Staver believes that includes fetuses.

Staver detailed the possibility on the “Deeper Dive with Dara Kam” podcast with News Service of Florida, and Chief Justice Carlos G. Muñiz brought up the provision during oral arguments for the abortion amendment in February, saying the language can’t conflict with the existing Constitution.

“There's a lot to happen between now and then,” Staver told POLITICO’s Arek Sarkissian, “but if that's the case, that would certainly be our next step.”

Abortion-rights groups have brushed off the possibility that anti-abortion organizations are taking legal action. "They are desperate right now because they know that abortion is health care and that no matter what their individualized extremist beliefs are, the tide is turning against them,” said Lauren Brenzel, director of the “Yes on 4” campaign to get voters to support the abortion amendment. “The reality is Americans and Floridians don't think of this as a partisan issue. They think of it as a health care issue."

Outside the court, the Liberty Counsel said it has been reaching out to the Legislature to encourage a special session to narrow how far the ballot could go if it’s approved. Staver said the group wanted to see the Legislature specify that abortions could only be offered by a medical doctor or a doctor of osteopathic medicine, to make sure dozens of other specialists wouldn’t be involved. The current ballot language broadly refers to “health care providers" performing abortions.

Kristan Hawkins, the president of Students for Life, another organization that was deeply involved in advocating for the six-week abortion restriction, said any changes to the ballot should happen only after November, once the results are in. “We absolutely would be supportive of those fixes, but the hope is that we would not need those fixes,” she said.

Staver, however, said he worries waiting until later might make it too difficult to alter the ballot measure's implementation after November. At the very least, he said he’d like to see the Legislature hold hearings around the state to get publicity and tell the public about what approving the amendment would mean.

Gov. Ron DeSantis’ office did not respond to an inquiry over whether they supported a special session or public hearings. DeSantis pledged this week that he would be involved in fighting the ballot and talking about how broad its language is.

WHERE'S RON? Gov. DeSantis has a press conference in Jacksonville with Chief Financial Officer Jimmy Patronis at 10 a.m.

Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch at: kleonard@politico.com

 

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... DATELINE TALLAHASSEE ...

INVESTIGATIVE REPORT — “Babies born early, ill, or dead: Florida spends millions on prevention. Why isn’t it getting better?” by the South Florida Sun Sentinel’s Cindy Krischer Goodman. “Florida spent more than $170 million in 2023 to address maternal and infant health, about twice what it invested to bring more visitors to Florida, but less than it doled out for wastewater grants. Still, the high rates of infant and fetal mortality, preterm and low-weight births haven’t budged much since spiking and then plateauing a decade ago. In 2022, just as in 2012, six out of every 1,000 babies born in Florida died before their first birthday.”

ENVIRONMENT — “Climate change could virtually disappear in Florida — at least according to state law,” reports AP’s Brendan Farrington. “Florida, perhaps the most vulnerable state to sea-level rise and extreme weather, is on the verge of repealing what’s left of a 16-year-old law that lists climate change as a priority when making energy policy decisions. Instead, the state would make energy affordability and availability its main focus.”

MAJOR EXPENSES — “The cost of dying is going up, leaving some Florida families scrambling,” by Lauren Peace of the Tampa Bay Times. “For many, end-of-life arrangements come with sticker shock. Last year, the average cost of a full-service cremation in the U.S. was around $6,300, according to the National Funeral Directors Association, an 8 percent increase from two years prior. The average burial cost was $8,300, up 6 percent since 2021.”

— “DeSantis says 'take your fake meat elsewhere' and signs bill banning lab-grown meat,” reports the Tallahassee Democrat’s Ana Goni-Lessan. 

— “DeSantis takes aim at Biden for accepting Palestinian refugees from Gaza,” reports the Miami Herald’s Alexandra Glorioso.

NEARLY LAST PLACE — “Florida teacher salaries fall to nearly the lowest in the US,” by Khaleda Rahman of Newsweek. “Only West Virginia ranked lower with an average teacher salary of $52,870, according to the report [from the National Education Association]. In contrast, the average teacher salary in California is $95,160, the highest in the country.”

— “With 3 shootings in 3 days Florida shoots to top of mass shootings list in US for 2024,” by USA Today Network — Florida’s C.A. Bridges.

PENINSULA AND BEYOND

ACROSS THE GULF  — “A Guatemalan genocide trial echoes among South Florida's Ixil Maya,” reports WLRN’s Tim Padgett. “A genocide trial has been underway in Guatemala since April 5 — and although Pedro Brito Matom says it's too dangerous now for him to attend it, he takes consolation in knowing he helped bring the historic case to court. Brito, who lives in Lake Worth Beach, is an indigenous Ixil Maya from the town of Nebaj in Guatemala’s western highlands. He was four years old in April of 1982, during the worst days of Guatemala's 36-year-long civil war, when he says soldiers came to his family’s house late one night.”

STUDENT PROTESTS — “Pro-Palestinian protesters arrested at FSU, other Florida college campuses,” by Douglas Soule and Ana Goñi-Lessan of USA Today. “Social media videos show that the arrests came shortly after several tents were erected on Landis Green, a central area on the Tallahassee campus filled with large lawns, paths and – over the last several days – chants against Israel and FSU's administration.”

— “UNF diversity office shuts down, closes LGBTQ, Interfaith, Intercultural and Women’s centers,” by News4Jax’s Aaron Farrar. 

 — “UCF makes changes to Diversity, Equity and Inclusion programs,” by Danielle Prieur of Central Florida Public Media. 

— “Effort to recall Coral Gables mayor [Vince Lago] falls short by nearly 120 signatures,” by Tess Riski of the Miami Herald. 

 — “Ashley Moody likens campus protesters to mold, says Clorox is necessary,” reports Florida Politics’ A. G. Gancarski.

CAMPAIGN MODE

TURNING THE PAGE — “DeSantis’ next act: Republican money machine,” by POLITICO’s Gary Fineout. “Gov. Ron DeSantis is poised to take the most public steps yet to rebuild his political future after dropping out of the 2024 presidential race, campaigning for GOP candidates in Florida and beyond in the coming months — and taking a leading role in fighting an abortion-rights referendum in his home state. After months of sniping with Donald Trump, DeSantis will soon use his connections and fundraising network to help the former president — and is expected to bring in millions of dollars. But he’s also raising money for members of Congress, including Rep. Chip Roy (R-Texas) and Florida GOP Rep. Laurel Lee. Both backed his bid for president. DeSantis is also planning to head out of state to campaign with GOP candidates for U.S. Senate.”

Kamala Harris claps during an event at the Prime Osborn Convention Center.

Vice President Kamala Harris speaks about Florida’s new six-week abortion ban during an event at the Prime Osborn Convention Center on May 1, 2024, in Jacksonville, Florida. | Joe Raedle/Getty Images

VEEP VISIT — “In Florida, Harris looks to make Trump the face of the state’s abortion ban,” reports the New York Times’ Nicolas Nehamas. “On the day that Florida began to enforce its six-week abortion ban, Vice President Kamala Harris delivered a searing attack on former President Donald J. Trump in Jacksonville, calling the measure ‘another Trump abortion ban’ and saying he was forcing women to live a ‘horrific reality’ without access to essential medical care.”

STUDY IN CONTRAST — “Harris and Biden both blame Trump on abortion. How they do it is very different,” by POLITICO’s Kimberly Leonard and Eugene Daniels. “The two speeches, delivered eight days apart, underscored Biden and Harris’ diverging approaches and comfort levels in talking about abortion … Some abortion-rights advocates have shared a level of frustration with Biden’s seeming reluctance to say the word “abortion” when talking about reproductive access.”

— “On first day of Florida’s six-week abortion ban, Democrats plan to fly banner over Mar-a-Lago blaming Trump,” by the South Florida Sun Sentinel’s Anthony Man.

VP TROUBLES  — “Trump: ‘Marco has this residency problem,” by Marc Caputo of the Bulwark. “The Twelfth Amendment says that if the president and vice president inhabit the same state when the states’ electors cast their ballots (that’s on December 17 this year), the ticket could lose its Electoral College votes from that state (Florida has 30, 11 percent of the total needed to win the White House). The question is whether Rubio on the ticket is too much of a headache and turnoff for Trump, or whether the legal chaos is perversely attractive.”

AFTER UNSUCCESSFUL OUSTER — “Palm Beach County Democratic chair quits, cites ‘cancerous element’ out to ‘destroy the party from within,’” reports the South Florida Sun Sentinel’s Anthony Man. “Mindy Koch resigned Wednesday as chair of the Palm Beach County Democratic Party, less than six weeks after she survived an effort by the state Democratic Party to oust her. The continued turmoil in the county party … complicates the challenges faced by local and state Democrats as they attempt to recover from the political drubbing they took in 2022. Koch has been the subject of withering criticism from a faction of the county Democratic Party organization almost from the moment she was elected to the position.”

— “State senator Debbie Mayfield kicks off state House campaign with Trump endorsement,” by the Floridian’s Liv Caputo.

JUMPING IN — “Sen. Linda Stewart files to run for Orange County Commissioner,” reports Ryan Gillespie of the Orlando Sentinel. “Linda Stewart, a state senator and fixture in Orange County Democratic politics for two decades, is taking on an incumbent for a seat on the Board of County Commissioners, she announced Wednesday. She filed paperwork to run against Mayra Uribe, who is seeking a second and final term on the board. Residents Delila Smalley and Gus Martinez also intend to seek the District 3 post.”

— “Miami-Dade voters will pick an elections supervisor. Donald Trump just got involved,” reports the Miami Herald’s Douglas Hanks.

DATELINE D.C.

LAWSUIT  — “Florida sues over new Biden rule expanding background checks for gun show, online sales,” by Jim Saunders of the News Service of Florida. Attorney General Ashley “Moody’s office filed the lawsuit in Tampa, alleging that the Biden administration overstepped its legal authority.”

ANOTHER LAWSUIT — “Florida joins federal lawsuit against NCAA over NIL recruiting rules,” by Matt Baker of the Tampa Bay Times. “Attorney General Ashley Moody has joined a federal antitrust lawsuit against the NCAA over name, image and likeness (NIL) restrictions. The original complaint was filed in January by the attorneys general of Tennessee and Virginia. They accused the NCAA of ‘enforcing rules that unfairly restrict how athletes can commercially use’ their name, image and likeness during recruiting.”

BOOK BAN UPDATE  — “Are Florida's book removals in schools protected government speech? Judge is not convinced,” by USA Today’s Douglas Soule. “‘By all accounts, school officials enjoy substantial discretion in determining which books should be available in school libraries,’ wrote Trump-appointed U.S. District Judge Allen Winsor in an opinion last week. ‘But the issue of how and to what extent the First Amendment limits that discretion is surprisingly unsettled.’”

— “Gaetz under fire for defending antisemitism vote with antisemitic trope,” reports POLITICO’s Kelly Garrity.

 

DON’T MISS POLITICO’S ENERGY SUMMIT: The future of energy faces a crossroads in 2024 as policymakers and industry leaders shape new rules, investments and technologies. Join POLITICO’s Energy Summit on June 5 as we convene top voices to examine the shifting global policy environment in a year of major elections in the U.S. and around the world. POLITICO will examine how governments are writing and rewriting new rules for the energy future and America’s own role as a major exporter. REGISTER HERE.

 
 
ODDS, ENDS AND FLORIDA MEN

“Biologists believe a TikTok-famous monkey was taken from a South Florida colony. His owner says he was rescued from a lab,” by Shira Moolten of the South Florida Sun Sentinel. 

BIRTHDAYS: POLITICO’s Andrew Atterbury … former Department of Community Affairs Secretary Steve Seibert

 

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