How states giving rights to fetuses could set up a national case on abortion

Abortion access advocates are chanting and waiving signs outside the Florida Supreme Court. Inside, justices have just heard arguments on the ballot language for a proposed state constitutional amendment that would protect abortion access up to the point of viability. (Regan McCarthy)

TALLAHASSEE, Fla. — Last month, when the Florida Supreme Court heard arguments for a proposed state constitutional amendment that would explicitly protect access to abortion, the discussion took a surprising turn for attendees like state House Minority Leader Fentrice Driskell.

"The chief justice seemed to really be trained on trying to understand what the effects of this ballot initiative would be on other areas of the law," Driskell said.