TALLAHASEE, Fla. — Inside the governor’s office — one of the state’s most powerful political operatives is working hard to preserve Florida’s six-week abortion restrictions. Chief of Staff James Uthmeier said this week this year’s abortion ballot measure is too dangerous for Florida, advocating against it. That’s as Amendment 4’s supporters call his effort “bull.”
Amendment Four 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 A4. The man behind the man, Uthmeier, now speaking with us about why the administration is getting involved.
“Well, 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 now in it, joining a slate of state officials against Amendment 4. The 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,” said Uthmeier.
Their argument boils down to A4 being too vague, making it too dangerous, they say. The whole thing, just 39 words. 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 abortions at any time, really, for almost any reason,” Uthmeier said.
A4 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, A4’s advocates have another big issue— why are government officials involved in the first place?
Florida is running “PSAs” like this, defending the state’s six-week law. That’s as Florida Health sends letters to TV stations, including Scripps, threatening criminal action for running a Yes On Four ad the state has deemed “false” and misleading.
“Look, there's litigation ongoing,” said Uthmeier. “I won't get into all that. You know, the letters that were sent out were cautioning stations that you have dishonest material that's being disseminated. You know, the state's health department does, again, 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 among the loudest voices backing A4, went further. In a chat this week, she called state officials’ efforts to undermine the ballot initiative — as well one legalizing recreational marijuana…
“Bullsh*t, and illegal,” said Fried. “I mean, I have never in my— not only my life in politics, but also my studying of politics before, have I seen such government overreach, such usage of government resources. I think John Morgan put it best, they're stealing our money.”
Fried believed Florida voters were frustrated with the state’s current abortion law and 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,” said Fried. “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 A4 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,” said the DeSantis’ chief. “I don't think people want us to become this tourism hot spot for abortions…And because this goes into the Constitution, again, it would be permanent. We would be dealing with this likely forever. So if we have a problem, we need to address it now.”