Aug 21 (Reuters) – Florida state economists may warn voters that a proposed amendment to the state constitution establishing a right to abortion could reduce state revenue, the state’s highest court ruled on Wednesday, dismissing a lawsuit filed by the abortion rights group behind the measure.

The Florida Supreme Court found that the state’s Financial Impact Estimating Conference (FIEC), which is tasked with estimating the financial impact of ballot measures, was entitled to issue its statement last month.

The ruling means voters will see a warning on their ballot that the measure could lead to more abortions – possibly funded by state funds – and fewer births, potentially leading to lower state revenues.

“This ruling, which allows an unauthorized and unlawful financial impact statement to stand, is a direct affront to the rights of Florida voters, who deserve accurate and lawful information when making decisions about constitutional amendments,” said Michelle Morton of the ACLU of Florida, an attorney for amendment sponsor Floridians Protecting Freedom, in a statement.

When the group first proposed changing abortion law last September, FIEC said it could not estimate the financial impact because abortion law was evolving and two laws banning abortions after 15 and 6 weeks of pregnancy were still pending in court.

However, the state’s Republican-dominated legislature also called on the FIEC to reconvene and issue a new statement.

In July, FIEC released a statement warning of the cost to taxpayers. Floridians Protecting Freedom filed suit, claiming it was unlawful without conducting a court-ordered review.

The Florida Supreme Court rejected this argument, stating that the group could not now challenge the review because it had “actively and without objection participated in every step of the review process” and provided oral and written comments at FIEC meetings.

All three measures would establish a right to abortion up to fetal viability, which generally means about 24 weeks after birth. In Montana, abortion up to fetal viability is already legal due to a 1999 ruling by the state’s Supreme Court, but in Arizona it is banned after 15 weeks.

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Brendan Pierson covers product liability litigation and all areas of healthcare law. He can be reached at [email protected].