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"We believe in democracy, and we believe that when politicians fail to act, the people have the right to step in," said the campaign manager of Florida Decides Healthcare, a plaintiff in the suit.
Florida Decides Healthcare, a political committee and nonprofit that is fighting for expanded Medicaid eligibility in the Sunshine State, on Sunday sued the Florida secretary of state and other state officials, challenging a law Republican Gov. Ron DeSantis signed last week that makes it tougher for citizens to get constitutional amendments on the ballot.
According to the lawsuit, which was filed in federal court, Florida Decides Healthcare (FDH) is working to qualify a ballot measure to appear on the 2026 general election ballot that, if voted through, would expand Medicaid coverage in Florida.
Provisions in H.B. 1205 include decreased time for organizers to submit signed petitions and increased monetary penalties for violations. The law also makes it a third-degree felony for anyone other than a registered petition circulator to collect or physically possess more than 25 signed petition forms beyond ones own and immediate family members.
"Because of H.B. 1205's punitive and onerous restrictions, set to go into effect in the middle of FDH's ongoing petition drive, the organization faces the real and imminent threat of being unable to continue its operations," according to the suit. "H.B. 1205 creates intolerable uncertainty, exposes FDH to ruinous civil and criminal penalties, and could ultimately force FDH to shut down its campaign entirely."
According to a statement from FDH, the lawsuit contends that the bill is a "direct assault" on the citizen-led constitutional amendment process in Florida, "a vital democratic tool that gives everyday Floridians the power to propose ballot initiatives."
H.B. 1205 creates "vague" and "punitive" restrictions around the process that will have a chilling impact on political speech and dissuade civic engagement, according to the group.
The Elias Law Group, a prominent Democratic law firm, and the Southern Poverty Law Center, a racial justice and legal advocacy group, are lending legal support to FDH.
This targeting of the citizens amendment process comes less than one year after two ballot initiatives in Florida narrowly failed. Amendment 4 sought to ensure the right to an abortion up until fetal viability. The measure narrowly failed, falling short of the 60% majority needed to pass, meaning Florida will remain under a six-week abortion ban. Amendment 3 sought to legalize marijuana and also failed. Groups backing the initiatives raised tens of millions of dollars.
According to the Orlando Sentinel, the DeSantis administration used public money to run ads targeting the initiatives, and defended the ad campaigns as educational.
"Floridians have a constitutional right to change policy themselves. State legislators have now effectively silenced their constituents, all in order to maintain their chokehold on policymaking," said Kelly Hall, executive director of the Fairness Project, in a statement on Tuesday. The Fairness Project was among the groups that backed Amendment 4 last fall.
"It's the ultimate cowardly act—for politicians to enact minority rule when they know their policies don't align with the will of the majority," Hall added. "Sadly, this is nothing new for DeSantis, who used extraordinarily undemocratic means to block the will of the people during the 2024 election."
Mitch Emerson, campaign manager for Florida Decides Healthcare, similarly called the law "cowardly." Emerson is also a plaintiff in the suit.
"It's not reform—it's repression. We are filing this lawsuit because we refuse to let them silence the people of Florida," said Emerson in a statement on Monday. "We believe in democracy, and we believe that when politicians fail to act, the people have the right to step in. Floridians are ready to vote for Medicaid expansion—and we intend to make sure they get that chance."
"Is it only okay to run things in The Post now that won't anger the president or won't have him calling Jeff Bezos asking why this was allowed?"
Critics of the Jeff Bezos-owned Washington Post are targeting the newspaper over its "gutless" refusal to run a paid wrap-around advertisement that makes a prominent demand for President Donald Trump to fire mega-billionaire Elon Musk from his cohort of inner-most advisers.
The special ad, at a cost of $115,000, was orchestrated by the pro-democracy watchdog Common Cause, a progressive advocacy group, and scheduled to be delivered to members of Congress and subscribers at the Pentagon and White House on Tuesday. On Friday, however, the newspaper notified the group that it was backing out of the arrangement.
" Elon Musk is attempting to run our government like one of his companies, and it's hurting the American people," reads some of the language of the campaign on which the ad is based. "Even more concerning is that President Donald Trump is allowing it to happen. It's time to say enough and FIRE Elon Musk from any role within our government."
The campaign, like the ad refused by the Post, points people to an online petition where they can back the demand Musk be fired and information to contact their members of Congress.
"Our elected officials are totally abandoning their duty to their constituents while Elon Musk does as he pleases," reads the call to action. "Whether your senators are on the right, on the left, or in the center, they ALL need to hear from everyday Americans like us today."
The Hill, given an exclusive for the story, reports that one of the ironies of the situation is that when the Post gave Common Cause a sample look at how the advertisement would appear, the example was a previously run ad by the American Fuel & Petrochemical Manufacturers (AFPM), an industry lobby group, highlighting the new president's promise to "end the electric vehicle mandate on Day 1," which included an image of a smiling Trump with his thumbs up.
"They gave us some sample art to show us what it would look like," Kase Solomón, president of Common Cause, explained. "It was a thank-you Donald Trump piece of art."
According to The Hill:
The ad’s design features a large picture of Musk with his head tilted back, laughing, along with a cutout image of the White House and large white text: “Who’s running this country: Donald Trump or Elon Musk?”
Lower down on the page it features smaller font text stating: “Since day one, Elon has created chaos and confusion and put our livelihoods at risk. And he is accountable to no one but himself.”
“The Constitution only allows for one president at a time. Call your senators and tell them it’s time Donald Trump fire Elon Musk,” it says, followed by the URL FireMusk.org.
Here's what the ad was supposed to look like:
Solomón said it was not clear why the newspaper made its decision, but it seemed very much to do with the nature of the ad's content and possibly with the political leanings of the Post's owner, the second-richest man in the world after Musk himself. Both men have significant business interests that could be injured if they run afoul of President Trump.
"Is it because we’re critical of what's happening with Elon Musk?" asked Solomón. "Is it only okay to run things in The Post now that won't anger the president or won't have him calling Jeff Bezos asking why this was allowed?"
Its campaign mailers showcase the logo of a political advocacy group called FAIR and a report from the Center for Immigration Studies, both anti-immigration hate groups with ties to white nationalists.
Although the Michigan Republican Party experienced a severe cash shortage under ex-chair Kristina Karamo, that appears to have been solved for the time being. Karamo was removed as chair this year due to her poor fundraising ability. With current chair Pete Hoekstra, the state GOP found the money to begin flooding inboxes with campaign mailers.
Some houses in my neighborhood in Hazel Park received six pieces of campaign mail or more per week. Most of these mailers contain the standard accusations, that Democratic presidential candidate Kamala Harris is “failed, weak, and dangerously liberal.” Some showcase the logo of a political advocacy group called FAIR and a report from the Center for Immigration Studies, both anti-immigration groups with Michigan connections and ties to white nationalists.
FAIR (Federation for American Immigration Reform) is quoted on these mailers alleging “Harris Hints Big Amnesty Bill on the Way.” The mailer summarizes an argument from the FAIR-affiliated think tank the Center for Immigration Studies (CIS) that amnesty for undocumented immigrants “would cost Social Security $1.3 trillion, destroying benefits for American seniors.” Part of this cost would come from immigrants who had been paying into the system through payroll taxes suddenly receiving citizenship. The CIS admits that many undocumented immigrants “are currently paying into the system without accruing any benefits in return...” Many publications have criticized the center’s methodologies and conclusions in previous reports, such as Snopes, Factcheck.org, and NBC News. Wired ran an article classifying the group as a “fake think tank.”
Putting out mailers with two hate groups prominently cited is a clear example of dogwhistle politics.
FAIR was founded by a Petoskey ophthalmologist named John Tanton in 1979, who also co-founded CIS in 1985. He had been active in the environmentalist group the Sierra Club, but shifted his focus to restricting immigration. Tanton, who died in 2019, promoted eugenics—the idea that the human race could and should be perfected through selected breeding and sterilization. While some anti-immigrant activists couch their arguments in terms of economics or nation security, Tanton made his arguments explicitly in terms of race. He was against immigration from non-white countries and was quoted in The New York Times to that effect. “One of my prime concerns,” he explained, “is about the decline of folks who look like you and me... for European-American society and culture to persist requires a European-American majority, and a clear one at that.”
That emphasis on racial opposition to immigration at FAIR and CIS was not unique to Tanton. Dan Stein, the current head of FAIR, defends the 1924 Immigration Act, a piece of legislation enthusiastically supported by the Ku Klux Klan. Stein argues that the replacement of that law by the 1965 Immigration and Nationality Act was done as a way to “retaliate against Anglo-Saxon dominance and hubris…” Stein would prefer an immigration system modeled on the 1924 act, one that explicitly favored not just whites, but Anglo-Saxon ones at that.
The CIS, which is also on the advisory board of the Donald Trump-affiliated Project 2025, has recommended notable bigots to supporters. In its weekly listerv, it has promoted Holocaust deniers, Islamophobes, and white nationalists. Both FAIR and CIS are listed by the Southern Poverty Law Center as anti-immigrant “hate groups.” When an offended CIS filed suit against the law center over this designation, the lawsuit was dismissed.
The inclusion of FAIR and CIS on campaign mailers comes at an awkward time for Michigan Republicans, who have been trying to make inroads with Arab, Black, and Hispanic voters. They are trying to balance appeals to those groups with a commitment to their base, who are overwhelmingly white. Putting out mailers with two hate groups prominently cited is a clear example of dogwhistle politics. Most will think nothing of the presence of the two groups, but anyone with ears properly attuned will get the message.