DeSantis Spending Against Abortion Ballot Measure Survives Suit

The Florida Supreme Court denied a challenge to Gov. Ron DeSantis’s (R) use of millions of taxpayer dollars to fund anti-abortion messaging ahead of voting on a ballot measure to enshrine abortion rights.

The court unanimously rejected a taxpayer petition Thursday from a Florida lawyer who argued state health regulators’ website saying the ballot measure “threatens to expose women and children to health risks” and “threatens women’s safety.” The state has also funded ads seeking to dampen support for the ballot measure, which needs 60% of the vote to pass.

The justices tossed the petition on procedural grounds, ruling taxpayers don’t have the right to urge state courts to bring criminal charges against state officials for alleged violations of election law. The plaintiff, Adam Richardson, argued that citizens should be able to ask the court to stop officials from spending taxpayer dollars on partisan messaging.

We “have never held that the writ lies to compel the criminal prosecution of a state actor or to enable a private citizen to enforce a state criminal statute,” said Justice John D. Couriel, writing for the majority. “It is hard to see how he asks us to do anything short of that.”

In the past month, the ACLU of Florida filed a trial court petition, and the Florida Democratic Party sent letters to prosecutors asking for criminal charges against the state health officials. Neither of those have yielded results.

Justice Jorge Labarga concurred with the result but didn’t join the opinion. Justices Renatha Francis and Meredith L. Sasso wrote a separate concurrence urging their fellow justices to narrow the use of petitions to the high court.

The case is Richardson v. Florida Agency for Health Care Admin., Fla., No. SC2024-1314, 10/10/24.