TAMPA, Fla. — A ballot amendment that would allow for what the group Floridians Protecting Freedom calls abortion rights will be argued in Florida’s Supreme Court on Wednesday.

The group garnered 1.5 million petition signatures for the amendment to qualify for the November ballot, but Florida Attorney General Ashley Moody is asking justices to reject it because of language she calls “vague.”


What You Need To Know

  • Amendment 4 would allow for abortions up to "viability," which medically is considered up to six months into pregnancy

  • Florida's current law bans abortions at 15 weeks, but Florida's Supreme Court hasn't issued a final ruling on the matter

  • Arguments will determine if a ballot amendment is approved for November enshrining abortion rights into Florida's Constitution

  • Floridians Protecting Freedom garnered 1.5 million petition signatures in favor of the ballot amendment

Wednesday’s arguments come as Floridians await a ruling on Florida’s current 15-week abortion ban, which has been in effect since July 2022.

That case was argued in front of justices last fall and could eventually pave the way for a six-week abortion ban that Gov. Ron DeSantis signed last year.

The proposed amendment would allow abortions to remain legal until the fetus is viable. Moody has argued that abortion rights proponents and opponents have differing interpretations as to what viability means. Those differences, along with the failure to define “health” and “health-care provider,” are enough to deceive voters and potentially open a box of legal questions in the future, she previously told the court.

No decision is expected Wednesday.

Dr. Nancy Staats is a retired anesthesiologist and critical care physician in Jacksonville.

She helped collect petitions for Amendment 4 and says restrictions on abortion in recent years have bothered voters from all political spectrums.

“I can tell you that the six-week ban was extremely unpopular from day one,” Staats said. “We had people from all parties and all backgrounds being very supportive of putting this decision into the hands of patients and doctors and their families. So, I really think this is, strangely, it’s not political.”

Moody filed a 39-page brief arguing against Amendment 4. She is expected to argue the language of the amendment, specifically, the word “viability,” saying it may be confusing to voters.

Proponents of the proposed amendment say the language is clear and concise and that Moody is playing politics instead of letting voters decide whether to protect access to abortions.

If the question is allowed on the ballot, 60% of voters would have to approve it.