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FL Supreme CourtApril 1, 2024Proposed amendment approved for placement on the ballot↗ Precedent Departure

Advisory Opinion to the Attorney General re: Limiting Government Interference with Abortion

Case No. SC2023-1392

The Florida Supreme Court approved the citizen initiative 'Amendment to Limit Government Interference with Abortion' for the ballot, holding it embraced a single subject and that its ballot title and summary complied with section 101.161(1), Florida Statutes. The Court declined to lower the 'clearly and conclusively defective' burden borne by initiative opponents, declined to narrow the 'oneness of purpose' single-subject test, and held that alleged ambiguity in the text of a proposed amendment itself is not a ground for striking it from the ballot.

Key facts

  • Citizens submitted a proposed constitutional amendment to limit government interference with abortion, which the Florida Attorney General challenged as failing to meet single-subject and ballot-summary requirements under Florida law.
  • The trial court (or initial review) resulted in the proposed amendment being challenged on grounds that it contained multiple unrelated subjects and that its ballot title and summary were misleading or inadequate.
  • +2 more key facts with a free trial

Why it matters

This is the Florida Supreme Court's most current and authoritative statement on the scope of judicial review of citizen initiatives, and it meaningfully narrows that review: textual ambiguity in the amendment itself is… — full analysis with a trial

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