Legal experts warn state's abortion amendment 'deceptive' and unconstitutional

(Image by Sarah Richter from Pixabay)
(Image by Sarah Richter from Pixabay)

Ever since the Supreme Court adopted the abortion precedent in the Dobbs case, which ruled the Constitution doesn’t establish a “right” to abortion, pro-abortion extremists have been going state-to-state to try to create that right in state constitutions.

In some states they’ve already been successful, albeit their scheme in Michigan now is under challenge in federal court for creating a “super-right” to abortion that also is unconstitutional.

Now they’re turning to Florida, and the legal experts at Liberty Counsel are warning that the plan itself violates the law.

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The proposal, called “Amendment to Limit Government Interference with Abortion,” would create a new section in the Florida Constitution “limiting government interference with abortion.”

Specifically it claims, “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.”

However, an analysis from Liberty Counsel notes the plan “misleads voters and hides the true purpose behind the amendment and its effect, which is to enshrine a right of abortion in Florida for any reason, at any stage of the pregnancy.”

“The effect of the proposed amendment would prevent the state of Florida from regulating all abortions that a vague and undefined ‘healthcare provider’ may deem ‘necessary’ to protect the woman’s ‘health.'”

In fact, in other cases where the woman’s “health” is considered a priority abortions are done sometimes for no other reason than that the women didn’t want to be pregnant, so her “health” was in danger.

Liberty Counsel said, “The amendment leaves the terms ‘necessary’ or ‘health’ purposefully undefined and vague, concealing that the true purpose is to confuse Florida voters and create an unrestricted right to abortion at all stages of pregnancy up to birth.”

The plan goes so far, the analysis said, that it even would be considered a violation of the federal Partial-Birth Abortion Ban Act.

It also addresses multiple subjects, even though it is only allowed to address one, the report said.

Liberty Counsel chief Mat Staver noted, “The Florida Supreme Court must not approve the language of this deceptive and deliberately confusing amendment. If passed, this abortion amendment would authorize abortion for any reason at any time up to birth. This amendment would also impermissibly conflict with the federal Partial-Birth Abortion Ban Act. These sponsors want to fool the voters into changing the Florida Constitution to kill babies for any reason.”

The amendment is being pushed by affiliates of abortion industry giant Planned Parenthood and others.

Liberty Counsel said it had filed a brief on behalf of Florida Voters Against Extremism urging the high court not to approve the wording of the amendment.

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