Donald Trump recently announced his stance on abortion, pledging to leave the issue to the states, disappointing groups that oppose abortion. Despite being urged to back a nationwide ban on abortion beyond 15 weeks of pregnancy, Trump’s administration can still significantly restrict abortion without imposing a federal ban, according to a “presidential transition handbook” called Project 2025. This plan, which includes directives for various government agencies, could be enforced by a conservative president. The plan focuses on existing laws to limit abortion access, particularly targeting medication abortions that use drugs like mifepristone.
A key strategy outlined in Project 2025 is using the 1873 Comstock Act to restrict access to abortion without the need for new legislation. By appointing an attorney general who believes this law should be enforced, a conservative administration could curtail access to abortion pills and potentially enforce a nationwide abortion ban under the guise of enforcing existing law. Fetal personhood is another avenue anti-abortion groups are pursuing to restrict abortion, by granting embryos the same legal rights as any person. Recent court rulings, like the Alabama Supreme Court decision, have suggested that embryos should have legal protections similar to children, raising concerns about restricting access to in vitro fertilization (IVF).
The debate over the personhood of fetuses has sparked discussions in recent Supreme Court cases, with Justice Samuel Alito questioning if fetuses should be granted legal rights equal to those born. The issue of fetal personhood could potentially lead to a nationwide ban on abortion without the need for new laws. Trump has not publicly stated his views on whether embryos are children, but he has expressed support for IVF. Despite his claim that he does not support a federal abortion ban, others argue that his administration has supported efforts to restrict abortion access.
The battle over abortion continues to be a central issue in the political landscape, with both Democrats and Republicans using it to rally their base. While President Biden and Vice President Harris are advocating for abortion rights, Trump’s campaign maintains that he will not sign a federal abortion ban and leaves abortion decisions up to the states. However, experts suggest that Trump may still enact significant restrictions on abortion through existing laws. The outcome of this ongoing battle over abortion will have significant implications for reproductive rights and women’s healthcare in the United States.
