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Florida Supreme Court allows abortion & marijuana ballot initiatives; overturns abortion protections

Discussion in 'Too Hot for Swamp Gas' started by gator_lawyer, Apr 1, 2024.

  1. Gator715

    Gator715 GC Hall of Fame

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    My critique of living constitutionalists is that it comes from fuzzy and ill-defined places. Gives them the power to flip flop and really do whatever they want.
     
  2. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    "SECTION 23. Right of privacy.—Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law."
     
  3. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    I think people discount how fired up this may make the pro-life voters too.

    I have no idea how it pans out, but even never-Trumpers will have more reasons to show up.
     
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  4. gator_lawyer

    gator_lawyer VIP Member

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    The same is true of "originalism." Hell, that's exactly what happened here lol. They chose the result and then worked backwards to justify it.
     
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  5. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    No one is discounting this will fire up the anti-choicers. Thankfully, they are greatly outnumbered.
     
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  6. gator_lawyer

    gator_lawyer VIP Member

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    That doesn't even make sense. If the language in the Florida Constitution relied on Roe v. Wade, that would contradict the result here. This was a voter-approved amendment. If the voters understood it to enshrine Roe's view of the right to privacy into the Florida Constitution, that would only counsel against Dobbs's relevance. It's the original public meaning that matters (because it is supposed to capture voter intent and understanding).
     
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  7. tampagtr

    tampagtr VIP Member

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    Yea, that was obvious
     
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  8. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    Outnumbered? Yes.

    But many people dont have abortion high on their list and conservative anti lifers* will vote for other things first.

    *Two can play that game. ;)
     
  9. gator_lawyer

    gator_lawyer VIP Member

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    We'll use a hypothetical. I am the one voter in the election. I am voting on a Reparations Amendment in Florida. I am Jewish. The U.S. Supreme Court rules very publicly that reparations includes payouts to Jews. I vote in favor. The amendment passes. The week after the vote, the U.S. Supreme Court says, "Our bad, reparations only includes Black people. That opinion was in error." Which better reflects my understanding as a voter: reparations include Jews or reparations do not include Jews?

    In that vein, to the Supreme Court, reparations at that point may mean Black people only. But in the Florida Constitution, the amendment I approved would obviously have the original public meaning of including Jews, regardless of whether that Supreme Court decision was "correct" or stood the test of my time.
     
  10. Gator715

    Gator715 GC Hall of Fame

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    They can’t use textual meaning?

    As in the correct meaning of the text at the time, rather than the overturned incorrect meaning?

    It’s not like Dobbs suggested the rationale of Roe was no longer accurate. It’s that it was never accurate. Dobbs simply clarified and corrected this error, which created this domino effect.
     
  11. Gator715

    Gator715 GC Hall of Fame

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    Judges across the board operate with a whole lot of cover.

    Living constitutionalists happen to conveniently operate with the most.
     
  12. gator_lawyer

    gator_lawyer VIP Member

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    That argument wouldn't make sense for two reasons:
    1. Roe's right to privacy was an unenumerated right, so there was no textual source to analyze. Florida's text is its own. Where Roe's right to privacy comes into play is in providing guidance as to what voters understood the right to privacy to mean at the time.
    2. If you're seeking to understand the original public meaning, how would the average voter know Roe was "never accurate" when it was the law of the land at the time and the case claiming it was never accurate wouldn't come around until 40+ years later?

    For example, I imagine we can both agree that Plessy was wrong from the second it was decided. But if you asked a voter 10 years after Plessy if equal protection allowed "separate but equal," what do you think their answer likely would have been?
     
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  13. gator_lawyer

    gator_lawyer VIP Member

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    I don't see a distinction between the cover for any of them. The ones who aren't constrained by binding precedent too often do what they want. Originalism no more binds conservatives than living constitutionalism binds liberals. They're tools.
     
  14. l_boy

    l_boy 5500

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    In pretty much all other instances in recent years abortion referendums have gone decidedly towards abortion rights and ended up helping democrats exceed expectations. I’m not sure why you think this will be different.

    Anti abortion voters are already likely voting and voting in one direction. I don’t think lots of them are staying home and will all of a sudden by inspired to vote.
     
  15. ajoseph

    ajoseph Premium Member

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    I think this is an under-statement. I believe the anti-abortion crusaders will throw all remaining resources into a campaign to ensure the highest possible voter turnout. I’m not sure the women’s rights movement will be able to match the turnout (meaning, exceed the turnout by an over 60-40 percent margin). I think we will see exactly how far red Florida has become when the votes are all in.
     
  16. ajoseph

    ajoseph Premium Member

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    I think you are discounting the resources that will be thrust into this campaign. I could be wrong and hope that I am, but I think this campaign — both sides — will be enormously funded.
     
  17. wgbgator

    wgbgator Premium Member

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    The problem here is that even among Republicans, legal abortion is a majoritarian position. Anti-abortion people have been mobilized for decades (which is why we have state reps voting for a total ban already), and turning out less committed Republican voters doesn't guarantee a "no" vote an abortion. The anti crowd should hope for a typical to low turnout to win. High turnout is good for Republicans in Florida to win elections, but bad for the ballot initiatives they want to fail.
     
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  18. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    I think this makes my point.

    I dont think this really drives the needle much in either direction. People moved by the issue already vote. I am just confused why people think this only applies to the choice side?
     
  19. l_boy

    l_boy 5500

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    Because of several instances since Dobbs where democrats have overperformed, especially where abortion initiatives were on the ballot.
     
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  20. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    Perhaps pro lifers have learned from spiking the ball before the game was over.

    We shall see.
     
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