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ABC’s Linsey Davis Muddles Florida Abortion Amendment

The claim: ABC News host Lindsay Davis reported Florida's vote against a proposed abortion amendment as supporting the state's six-week abortion limit.

Ruling: False. A vote against the proposed amendment would preserve the state's current six-week limit, but whether to vote for or against the amendment would be determined by the content of the bill to enshrine the right to abortion in the state constitution and allow abortion in Florida.

Davis brought up Florida's abortion amendment when questioning former President Donald Trump about the subject during Tuesday's presidential debate at the National Constitution Center in Philadelphia, Pennsylvania.

“You surprised a lot of people in your home state of Florida with the six-week ban because you initially said six weeks was too short and that you were going to vote for more than six weeks. Then the next day you reversed course and Voting in favor of a six-week banDavis appeared to falsely claim that the responsibility for the six-week restriction lies with President Trump, who did not pass the law. [Emphasis added].

In reality, the abortion amendment, known as Amendment 4, would enshrine the right to abortion in state constitutions up until fetal viability (usually about 24 weeks) and thereafter, subject to certain exceptions.

Voting Overview state:

No law may prohibit, penalize, delay, or restrict an abortion before viability or when a patient's health care provider determines that such an abortion is necessary to protect the patient's health. This amendment does not change Congress' constitutional authority to require that a parent or guardian be notified before a minor has an abortion.

RELATED: 10 states will vote on abortion rights in November

If Florida voters pass the measure in November with at least 60 percent support, the abortion amendment would eliminate the state's six-week limit and essentially create a permanent right to abortion in the state, which could only be overturned by another ballot measure or an uphill court battle.

“The ABC hosts lied about Florida and Amendment 4,” Florida Rep. Randy Fine said in a post on X during the debate. “It's not about whether or not I support a six-week abortion ban. If the amendment fails, a future Congress can always change it. The issue is whether abortion is available free on demand at any time up to 40 weeks, and a future Congress can never change that. Terrible.”

The Florida Agency for Health Care Administration (AHCA) specifically opposes the amendment. say The AHCA warned that the bill “threatens women's safety” and, if passed, its vague language could overturn at least 20 abortion laws, including those governing parental consent.

Florida Governor Ron DeSantis (Republican) has also voiced his opposition to the abortion amendment. said It was “written to deliberately mislead voters.”

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