Fla. High Court Expedites Suit Against DeSantis Over Abortion Amendment

The Florida Supreme Court agreed Wednesday to expedite a petition by a Florida appellate attorney seeking to block the DeSantis administration from attempting to interfere with Amendment 4, a ballot initiative that would protect abortion access in the state

The state’s highest court said it would hear the petition filed by appellate attorney Adam J. Richardson against the Florida Agency for Health Care Administration, ordering the state to file a response to Richardson’s petition by Sept. 23. Richardson’s reply is due Sept. 30.

In the petition, filed Tuesday, Richardson emphasized the need for the case to be heard quickly.

“There are only 56 days until the election,” he said. “Every day respondents can act unlawfully is another day they abuse state resources and sully the election for Amendment 4. The matter cannot wait.”

Richardson takes aim at a website created by AHCA on Sept. 5 called Florida Cares that he says contains “many highly critical, indeed inflammatory, statements about Amendment 4,” such as statements that current Florida law, which bans most abortions after six weeks gestation, protects women and that the ballot initiative would threaten women’s safety.

The petition requests that the Supreme Court issue writs of quo warranto and mandamus to AHCA Secretary Jason Weida, Gov. Ron DeSantis and Attorney General Ashley Moody stating that they are acting outside of their lawful authority. As officers and employees of the state, they are barred from using their official authority or influence for the purpose of interfering with an election, according to the petition.

The DeSantis administration has made clear its opposition to Amendment 4 from the start, fighting first to keep it off the ballot over concerns that the language of the ballot initiative, which would bar state lawmakers from banning abortion before fetal viability, was overly broad and would lead to unfettered abortion access.

In April, the Florida Supreme Court approved Amendment 4 for placement on the ballot, saying it was not misleading and could go to voters in November. On the same day, the high court also upheld a 15-week abortion ban that had been passed by the state Legislature after determining that the right to privacy in the Florida Constitution did not include abortion.

That ruling triggered the implementation of a six-week abortion ban that had been signed into law last year with a provision that said it would take effect 30 days after any Florida Supreme Court decision upholding the 15-week ban.

In August, the high court agreed to allow the state to add a financial impact statement to the ballot language that said approval of the amendment could cost taxpayers money because it will require litigation to resolve a number of uncertainties. The financial impact statement also states that an increase in abortions could negatively affect the growth of state and local revenues over time.

More recently, DeSantis has deployed police from the state’s Office of Election Crimes and Security to the homes of some of the voters who signed the petition to get Amendment 4 on the ballot as part of an investigation into alleged petition fraud, according to various news reports.

Richardson declined to comment on his petition or the high court’s order to expedite. AHCA did not respond to a request for comment.

Richardson is representing himself.

Counsel information for Weida and AHCA was unavailable Wednesday.

The case is Richardson v. Secretary, Florida Agency for Health Care Administration, case number SC2024-1314, in the Supreme Court of Florida.

–Editing by Katie McNally and Orlando Lorenzo.