Florida sees push to put abortion rights in the hands of voters

TAMPA, Fla. - Almost a week after Ohio enshrined abortion rights in the state's constitution, there is a push in Florida to give voters the power to decide, and it's coming with pushback. 

On Monday, Floridians Protecting Freedom and ACLU Florida announced they filed legal briefs with the Florida Supreme Court on Friday, supporting a proposed amendment to put abortion access on the 2024 ballot. Florida Attorney General Ashley Moody is asking the state's highest court to keep the proposed amendment off the ballot next year.

"What you are hearing about is this drive to get a question on the ballot in 2024 about whether or not to amend the Florida Constitution," said Caroline Mala Corbin, a professor of law at the University of Miami School of Law.

READ: Election 2023 highlights: Democrats win in several states on abortion rights

The court must first sign off on how the ballot initiative is worded, Corbin said.

"It says ‘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 health care provider,’" said Corbin, reading in part the proposed amendment. 

Moody has pushed back against the word "viability," saying it can be confusing, while groups supporting the amendment said the meaning is clear.

Nearly 900,000 signatures are needed by February 1 to get the proposal before voters, and so far about half of the amount has been gathered.  States like Ohio just passed similar voter amendments to protect abortion access in the state’s constitution.

RELATED: Ohio voters pass constitutional amendment to protect abortion access

"Majorities of people both in Florida and at the national level never wanted elimination of constitutional protection for abortion," said Corbin. "I think that's the reason why these initiatives have been passing in states that are not traditionally seen as extremely liberal states."

As a result, eyes are on the court's next move. If the proposal makes it to the ballot, Corbin said voters would have to approve it by 60%. 

"It's not a simple majority, but it's quite possible that I think some polls show that this is an initiative that has a good chance of success here in Florida," said Corbin.

Former Republican elected officials, some doctors and the American College of Obstetricians and Gynecologists also filed in support of putting the issue up to voters. Several pro-life groups also filed briefs with the court.