TAMPA, Fla. — One of Florida’s most powerful political operatives is working hard to preserve the state's six-week abortion restrictions.
Chief of Staff James Uthmeier said on Wednesday this year’s abortion ballot measure is too dangerous for Florida and is advocating against it. That’s as Amendment 4 supporters call his effort “bull.”
Amendment 4 comes into this election facing a high bar. While similar measures have been successful in other states, Florida requires at least 60% support. That’s the highest for any state seeking to overturn a ban, creating a lot of anxiety on both sides of the issue.
In the final weeks before election night, Gov. Ron DeSantis has been traveling the state with Florida physicians, hosting press conferences and denouncing Amendment 4. The man behind the man, Uthmeier, explained why the administration was getting involved.
“When it comes to defending Florida's laws, Florida's well-being, this is not a new thing,” said Uthmeier, who is also an attorney. “Administrations for generations past have fought to defend state laws and oppose amendments that we believe are going to hurt our way of life.”
Typically spotlight-averse, Uthmeier is now in it, joining a slate of state officials against Amendment 4, such as First Lady Casey DeSantis, Surgeon General Dr. Joe Ladapo, AHCA Secretary Jason Weida and others.
“It would invalidate every law that's seeking to protect women and children in the context of abortion,” Uthmeier said.
Their argument boils down to Amendment 4 being too vague, making it too dangerous, Florida lawmakers said. The amendment has no definitions for viability or health exceptions as determined by a “healthcare provider.” It preserves parental notification, but says nothing about consent in its language.
“This would be no doctors, no limits to abortions at any time, really, for almost any reason,” Uthmeier said.
Amendment 4 supporters have pushed back. The Yes On Four campaign and others have said state code has the “missing” definitions. They also believe consent remains protected. Legal experts, however, think it would likely take a lawsuit or two to suss it all out.
Beyond that, advocates for the amendments have another big issue— why are government officials involved in the first place?
Florida Health has sent letters to TV stations, including Scripps, threatening criminal action for running a Yes On Four ad that the state has deemed “false” and misleading.
“There's litigation ongoing,” Uthmeier said. “The letters that were sent out were cautioning stations that you have dishonest material that's being disseminated. The state's health department does have a duty to protect people from misinformation that could endanger women.”
A federal judge recently ordered the letters to stop. Northern District Judge Mark Walker said in an order: “To keep it simple for the State of Florida: it’s the First Amendment, stupid.”
Chair of the Florida Democrats, Nikki Fried, is among the loudest voices backing Amendment 4. In a chat this week, she called state officials’ efforts to undermine the ballot initiative “bullsh*t and illegal.”
“I have never in my life, not only in politics but also my studying of politics before, have I seen such government overreach, such usage of government resources," Fried said. "I think John Morgan put it best when he said that they're stealing our money.”
Fried believed Florida voters were frustrated with the state’s current abortion law and are ready for change. That’s even if the governor’s office leverages its influence without a backstop.
“If the judges won't do it, if the state attorneys won't do it, if fellow Republicans won't do it, the legislature won't do it, then the people need to do it,” Fried said. “Come be part of this coalition that we are building. Restore true democracy here in our state, because if we stay home, then you're giving them the green light to continue doing this.”
Polling for Amendment 4 is mixed. Some have shown it narrowly above the 60% mark, others below. Uthmeier, meanwhile, remained driven in his mission.
“We've spent the last six years working to make Florida kind of the beacon of hope for the rest of the country,” he said. “I don't think people want us to become this tourism hot spot for abortion. And because this goes into the constitution, it would be permanent. We would be dealing with this likely forever. So if we have a problem, we need to address it now.”