Claim:

Florida’s Republican Gov. Ron DeSantis claimed that a November ballot initiative would “mandate abortion until the moment of birth.”

Reasoning:

The initiative’s text specifies that abortion would not be prohibited before fetal viability or when necessary to protect the health of the pregnant woman. Health professionals advise that viability occurs around 24 weeks of pregnancy. Neonatal survival rates around this point vary depending on the fetus’s size and health, the pregnant woman’s health, and the health care facility.

The summary for Amendment 4, titled, “Amendment to Limit Government Interference with Abortion,” reads: “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.”

Although the amendment doesn’t define viability, Florida Statute 390.011 does. It says viability is “the stage of fetal development when the life of a fetus is sustainable outside the womb through standard medical measures.” The amendment would not change this definition.

Fact or Fiction?

Fiction. The comprehensive analysis of the amendment’s language and the definition of fetal viability does not support the claim that the amendment would “mandate abortion until the moment of birth.” The amendment reinstates the restrictions of Roe v. Wade, the 1973 Supreme Court ruling that provided federally protected abortion access until a fetus is viable, in Florida. The Supreme Court in 2022 overturned Roe when it ruled in Dobbs v. Jackson Women’s Health Organization that states should set laws on abortion access. Therefore, Gov. DeSantis’ claim is not supported by the facts.