The Florida Supreme Court’s opinion webpage likely got refreshed in droves Thursday morning, but the justices still stunned political observers and backers of two proposed constitutional amendments with their silence.
The court issued one sentence as the 11 a.m. deadline for its regular weekly opinion release came and passed: “There are no Florida Supreme Court opinions ready for release today, March 28, 2024.”
Consultants, candidates, journalists and others have been monitoring the court for weeks for decisions on whether the ballot language for initiatives to protect access to abortion and to allow recreational, or adult-use, marijuana meet legal requirements to go before voters statewide this November.
With just four days left before a constitutionally mandated April 1 deadline to rule on the language, the justices as yet have nothing to say. The court heard arguments on the marijuana amendment on Nov. 7 and the abortion initiative on Feb. 7.
With the Good Friday and Easter holidays, no opinions are expected to be released until Monday. But a court spokesman pointed to internal procedures, saying the clerk’s office could issue opinions “at any time.”
The fact that both initiatives are popular with voters – easily passing the 60% threshold needed for adoption in polls conducted by the University of North Florida – has sparked speculation as to what the court is waiting for.
Combined, supporters raised more than $55 million and collected more than 2 million signatures to qualify for judicial review of the initiatives’ summaries and ballot placement. Many assume the initiatives will likely drive younger voters to the polls and that has somehow prolonged release of the opinions.
“The Florida Supreme Court is sitting on a decision that will impact the lives of women in Florida all to play political games,” posted former Congresswoman and now Democratic U.S. Senate candidate Debbie Mucarsel-Powell on X, referring to the abortion decision.
Chris Cano, executive director of the Suncoast Chapter of the National Organization for the Reform of Marijuana Laws, says he has mixed feelings about the marijuana initiative but does think there is political gamesmanship involved.
“If you were a conservative court and had the two issues that would end the Republican stranglehold on Florida, would you not run out the clock?” Cano asked.
And Nova Southeastern University political science professor Charles Zelden said it’s not a good sign for the amendment’s proponents that the justices are putting off announcing their opinions for as long as they can.
He presumes they are going to keep both amendments off the ballot and they know people are not going to like it.
“Courts have been known to do that,” said Zelden, referring to the Dobbs decision overturning a national right to abortion.
James Call is a member of the USA TODAY NETWORK-Florida Capital Bureau. He can be reached at jcall@tallahassee.com. Follow on him Twitter: @CallTallahassee.