Viability

The proposed amendment states that abortion “may be prohibited after fetal viability.” Note: the words do not say “shall be prohibited.” So this action may or may not be attempted by the Legislature at some future point. However, the amendment continues by declaring that “in no case” may an abortion be prohibited if, in the judgment of the treating physician, the abortion is deemed necessary based on the criteria of the patient’s life or health. The meaning of “health” is left wholly undefined.

Meaning: Any law the Legislature attempts to pass protecting a viable unborn child can be disregarded by an abortion provider by simply stating the abortion was necessary for any interpretation of the word “health.”

This power to determine viability is further expanded in the amendment. The attending physician is given sole authority to determine if the unborn “fetus” can survive “with reasonable measures… on a case by case basis.” The words “reasonable measures” are left wholly undefined and left solely in the subjective authority of the attending abortion provider.

The Legislature is banned by this amendment from attempting to protect the life of a viable child. This proposed amendment transfers the legal authority to determine viability solely to the treating physician “on a case-by-case basis.”

The State (including local and municipal authorities) are all banned from any form of interference with any “person or entity that assists an individual exercising this right” of reproductive decisions.

So, in addition to transferring all authority over the question of viability to the treating physician, this amendment provides full legal protection to abortion providers for whatever decisions they make regarding the abortion of a viable child.