A state appeal court has effectively blocked a challenge to a financial-impact statement for Amendment 4, which would prevent state interference in abortion rights, despite a complaint that a committee of state economists who drafted the analysis was stacked with abortion opponents.
The unanimous ruling Monday by a three-judge panel of the Florida First District Court of Appeal dealt a blow to Floridians Protecting Freedom, sponsor of Amendment 4. But the panel told the group it is free to file a new lawsuit over the financial statement, slotted to appear on the November ballot along with a summary of the amendment.
“To the extent that Appellees [Floridians Protecting Freedom] may wish to raise new claims about the revised financial impact statement, they may do so in a separate proceeding,” the unsigned opinion says.
The statement boosts the potential cost to taxpayers should the abortion-rights amendment pass in November by counting the costs of potential, yet hypothetical, legal challenges should the amendment meet the 60% vote threshold for passage. The conclusion also assumes the state may be forced to pay for abortions under Medicaid.
“Let’s be real — this is a smokescreen to distract from the heart of the matter: Amendment 4 aims to end Florida’s extreme abortion ban, which kicks in before many women even realize they’re pregnant,” wrote Lauren Brenzel, campaign director for Yes on 4, in a press release.
Existing law bans abortions after six weeks’ gestation.
“This move throws a wrench in the democratic process and keeps voters from getting the straight facts they need. Allowing this dodgy financial impact statement to stand only erodes trust in our electoral system,” Brenzel said.
Background
The sponsor had filed suit to seek revision of the original version of the impact statement, drawn up before the Florida Supreme Court in April approved the initiative for the ballot, arguing the language was inaccurate in light of the justices’ ruling. A trial judge ordered the Florida Financial Impact Estimating Conference, comprising state economists, to revisit the analysis. The state appealed to the First District.
According to the First District, that court-ordered reconsideration never happened; instead, while that appeal was pending, the presiding officers of the Florida House and Senate told the panel to reconsider its earlier estimate.
“Those meetings were voluntary, not pursuant to the circuit court’s order,” the appeal court said.
The estimating panel met four times during July before delivering its new estimate over protests by its chairperson, who complained that appointees of Gov. Ron DeSantis and House Speaker Paul Renner, both opponents of the amendment, considered factors the panel has never used before.
That mooted the original case, the appeals court concluded — meaning there was no longer a live dispute over the original analysis to argue about in court. The court therefore threw out the case.
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Diane Rado for questions: [email protected]. Follow Florida Phoenix on Facebook and Twitter.
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The unanimous ruling Monday by a three-judge panel of the Florida First District Court of Appeal dealt a blow to Floridians Protecting Freedom, sponsor of Amendment 4. But the panel told the group it is free to file a new lawsuit over the financial statement, slotted to appear on the November ballot along with a summary of the amendment.
“To the extent that Appellees [Floridians Protecting Freedom] may wish to raise new claims about the revised financial impact statement, they may do so in a separate proceeding,” the unsigned opinion says.
The statement boosts the potential cost to taxpayers should the abortion-rights amendment pass in November by counting the costs of potential, yet hypothetical, legal challenges should the amendment meet the 60% vote threshold for passage. The conclusion also assumes the state may be forced to pay for abortions under Medicaid.
“Let’s be real — this is a smokescreen to distract from the heart of the matter: Amendment 4 aims to end Florida’s extreme abortion ban, which kicks in before many women even realize they’re pregnant,” wrote Lauren Brenzel, campaign director for Yes on 4, in a press release.
Existing law bans abortions after six weeks’ gestation.
“This move throws a wrench in the democratic process and keeps voters from getting the straight facts they need. Allowing this dodgy financial impact statement to stand only erodes trust in our electoral system,” Brenzel said.
Background
The sponsor had filed suit to seek revision of the original version of the impact statement, drawn up before the Florida Supreme Court in April approved the initiative for the ballot, arguing the language was inaccurate in light of the justices’ ruling. A trial judge ordered the Florida Financial Impact Estimating Conference, comprising state economists, to revisit the analysis. The state appealed to the First District.
According to the First District, that court-ordered reconsideration never happened; instead, while that appeal was pending, the presiding officers of the Florida House and Senate told the panel to reconsider its earlier estimate.
“Those meetings were voluntary, not pursuant to the circuit court’s order,” the appeal court said.
The estimating panel met four times during July before delivering its new estimate over protests by its chairperson, who complained that appointees of Gov. Ron DeSantis and House Speaker Paul Renner, both opponents of the amendment, considered factors the panel has never used before.
That mooted the original case, the appeals court concluded — meaning there was no longer a live dispute over the original analysis to argue about in court. The court therefore threw out the case.
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Diane Rado for questions: [email protected]. Follow Florida Phoenix on Facebook and Twitter.
Subscribe to Orlando Weekly newsletters.
Follow us: Apple News | Google News | NewsBreak | Reddit | Instagram | Facebook | Twitter | Or sign up for our RSS Feed
