Trump dodged abortion ban veto question in Harris debate. What are Florida's abortion laws?

In one of several contentious exchanges during his debate against Vice President Kamala Harris, former President Donald Trump persistently resisted answering the questions of why American women should trust his stance on reproductive rights given his multiple course reversals on the topic, and whether or not he would veto a national abortion ban if he wins.

This arose from a kerfuffle in recent weeks when Trump said at the end of August that he supported the abortion rights amendment on Florida's November ballot that would overturn the state's current 6-week ban, a position he reversed in less than a day after backlash from Christian conservatives and anti-abortion advocates.

At the debate, Trump repeatedly praised "the genius and heart and strength" of the six Supreme Court judges, including the three added during his term, for overturning Roe v Wade and returning the matter to states to decide. He also repeated an inaccurate claim he often uses at rallies that Democratic states allow babies to be killed even after birth, something moderator Linsey Davis was forced to fact-check live as false.

In August, Trump's running mate, Ohio Senator JD Vance said on "Meet the Press" that Trump would veto a federal abortion ban if Congress passed one. Trump refused to commit to that in the debate, saying only that it would never be a problem because Congress couldn't pass it, but never ruled it out.

What is the abortion rights amendment in Florida?

Amendment 4, Abortion Access, which will appear on November's ballot, would enshrine abortion access in the Florida Constitution if it wins by a supermajority, or at least 60% of the vote. The amendment 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.”

Fetal viability has been put at about 24 weeks.

In a recent survey of likely Florida voters from the University of North Florida’s Public Opinion Research Lab, 69% of those surveyed said they'd vote yes compared to only 23% saying no, despite Gov. Ron DeSantis' increasing efforts to stop the amendment.

Abortion, weed, school boards: What Florida constitutional amendments are on the ballot?

What are the abortion laws in Florida?

As of May 1, 2024, most abortions in Florida after six weeks —with a few exceptions — are illegal after a "physician determines the gestational age of the fetus is more than 6 weeks," a time when studies show one in three pregnant people don't yet know they're pregnant.

People may have as little as two weeks after missing a period to find out and get both appointments at the state's overworked clinics, which leaves an extremely narrow window for a pregnant person in a potentially traumatic situation to take action. The state also requires a 24-hour waiting period so patients will need to fit in two appointments before the legal deadline.

Does Florida abortion ban allow exceptions for rape, incest or danger to the pregnant person?

While the law reduces the amount of time pregnant people have to get an abortion, it does provide some exemptions for extreme cases "to save the pregnant woman’s life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function."

This requires physicians willing to risk possible fines, loss of license and even imprisonment by going on record against oversight committees and the state, something some doctors and hospitals have been reluctant to do.

Exceptions were added in cases of rape, incest and/or human trafficking that the previous 15-week ban lacked, but only up to 15 weeks, and only if the pregnant person has copies of "a restraining order, police report, medical record, or other court order or documentation" to provide evidence that they are a victim of rape or incest.

How many people got abortions in 2023? New report finds increase despite bans

Does the 6-week abortion ban in Florida ban abortion pills?

Abortion pills are banned unless they are administered by a licensed doctor in person.

So-called "abortion pills" — actually two pills, mifepristone and misoprostol, taken up to 48 hours apart — which cause a person’s cervix to dilate and their uterus to contract, emptying the embryo from the person’s uterus, have dramatically risen in popularity in the last few years both for the relative convenience compared to surgical abortions and to get around abortion bans. Access to them was been challenged but was ultimately protected by the U.S. Supreme Court in June.

The new law clearly states that abortions may only be performed by a physician in the same room. Telehealth sessions are specifically banned.

Can I go to jail for getting an abortion after 6 weeks in Florida?

Florida law prohibits anyone from willfully performing or actively helping someone get an abortion outside of the six-week gestational period or the legal exemptions. Doing so is considered a third-degree felony, punishable by fines and imprisonment of five years. There are no penalties listed for the pregnant person.

"Florida's criminal abortion penalties do not apply to pregnant women," the Florida Agency for Health Care Administration said in a clarfiication. Florida law only states that a person upon whom a partial-birth abortion is performed, which is illegal, may not be prosecuted.

This article originally appeared on The Daytona Beach News-Journal: Florida abortion laws explained. What would Amendment 4 do?