Former Florida Chief Judge Talks 4th Amendment and Ongoing Litigation

This election season, voters will decide whether to enshrine abortion rights in the Florida Constitution. The measure is listed on the ballot as Amendment 4.

Charles Wells, who previously served on the Florida Supreme Court as chief justice, discussed the amendment with Tom Hudson on The Florida Roundup.

Wells said abortion rights should likely go to voters in a referendum, explaining that the issue was decided in the state when he served on the court.

“It has always been held that the Florida Constitution has a right to privacy, including abortion. This goes back to opinions written by Justice Leander Shaw in the 1980s. So I think my main comment is that this was decided in Florida and I think it should stay that way,” Wells said.

Since then, legal battles surrounding Amendment 4 have begun. One of them involves a television ad paid for by Floridians Protecting Freedom, the coalition leading the ballot initiative. Lawyers for Florida Surgeon General Dr. Joseph Ladapo said the ad contains false information. The state Department of Health also sent letters to television networks demanding they remove him or face criminal charges.

READ MORE: DeSantis administration abandons legal fight over abortion TV ads

“…my position is that the issue before the court should be as narrow as possible, and that would be what is a First Amendment claim and whether it violates the First Amendment,” Wells said.

He continued: “And I think it is extremely important to recognize that everyone recognizes that the court must decide the issues presented to it and that the parties and the lawyers must formulate the issues and then the court makes a decision. “

Wells said he believes the court system is handling claims over the state’s conduct as intended.

“Courts are not commissions. Courts exist to resolve existing disputes, and there are very strict rules regarding what cases the court has jurisdiction to hear and decide. So I think the court needs to stay within those boundaries and not go overboard and create controversy on its own.”

As Election Day approaches, Wells believes the justice system is “as prepared as we can currently be” for what could happen after Nov. 5.

“And if there are, if voters see any irregularities at their local polling places, precincts, then they should bring that to people’s attention…” Wells said.

This story was compiled from an interview with Tom Hudson for The Florida Roundup.