This election season, voters will decide whether to enshrine abortion rights in the Florida Constitution. The measure is listed as Amendment 4 on the ballot.
Charles Wells, who formerly served on the Florida Supreme Court as chief justice, discussed the amendment with Tom Hudson on The Florida Roundup.
Wells said abortion rights probably have to go toward voters in a referendum, explaining the matter was settled in the state when he served on the court.
“It was always determined that the Florida Constitution had a right to privacy, and that included abortion. That dates back to opinions written by Justice Leander Shaw during the 1980s. So I think that my main comment is that this was, has been settled in Florida, and I think it should just remain so,” Wells said.
Legal battles involving Amendment 4 have since emerged. One stems from a TV ad paid for by Floridians Protecting Freedom, a coalition leading the ballot initiative. Lawyers for Florida Surgeon General Dr. Joseph Ladapo claimed the ad contains false information. The state health department also sent letters to TV stations demanding they remove it or face criminal prosecution.
READ MORE: DeSantis administration pushes back in the legal fight over abortion TV ad
“… my attitude is that the issue before the court should be as narrow as it can be, and that would be what the constitutional First Amendment requirement is, and whether it's in violation of the First Amendment,” Wells said.
He continued: “And I think that it's awfully important to recognize, for everyone to recognize that the court is to decide issues presented to it and that it's up to the parties and the lawyers to frame the issues, and then the court enters the decision.”
Wells said he thinks the court system is handling lawsuits over the state’s behavior as it’s intended to.
“Courts are not commissions. The courts are there to resolve existing disputes, and there are very strict rules as to what cases the court has jurisdiction to review and to determine. So I think that the court needs to stay within those bounds and not get into the going out and creating controversy on its own.”
As Election Day approaches, Wells believes the justice system “is as prepared as it can be at present” for what may come after Nov. 5.
“And if there's, if voters see any irregularities at their local polls, precincts, then they have to call that to people's attention ...” Wells said.
This story was compiled off an interview conducted by Tom Hudson for The Florida Roundup.
Copyright 2024 WUSF 89.7
