Every major election within the last two years has led to the refrain: “Abortion is on the ballot.” That actually applies to the upcoming presidential election and the voting rounds in November 2024.
There are stark differences between Democratic presidential candidate Kamala Harris and Republican candidate Donald Trump on reproductive rights.
Trump often touts his success in getting the appointment three of the Supreme Court justices who voted for it in June 2022 repeal the constitutional right to abortion.
But because the election approaches, Trump and other members of the Republican Party have downplayed the abortion issue. For example, Trump improbably claimed on September 24 that if elected, women “won't think anymore about abortion,” because the issue now lies with the states.
During the general public speeches, nobody mentioned abortion Republican National Convention in July. Abortion rights and other reproductive health issues were a central theme on the Democratic National Convention in August.
The morning after the top of the Democratic National Convention Trump posted on Truth Social: “My government will be great for women and their reproductive rights.” He has also said that he would advocate in vitro fertilizationor IVF, including requiring the federal government or insurers to pay for it – even when the president doesn’t have the authority to require it.
Presidents have one a point of strength on abortion policy—for instance, they will support or veto bills related to abortion, and so they can issue executive actions to set federal policy priorities.
In short, the president has the facility to make it much easier or harder for somebody to get an abortion — or other types of reproductive health care.
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Abortion ban within the Republican Party platform
Until recently, the Republican Party officially promoted anti-abortion policies.
Specifically, every Republican Party platform from 1984 to 2016 called for an amendment to the U.S. Constitution that might ban abortion. The 2016 Republican platform mentioned abortion 35 just. In 2020, the Republican Party didn’t adopt a brand new program.
Trump's recent statements of support for IVF and his waffling on abortion access contradict his past actions, including his choice of a vice chairman – JD Vance – who has strong anti-abortion views.
These mixed messages can have something to do with the undeniable fact that there are laws banning abortions not popular within the USA about 65% of Americans reject the Supreme Court's 2022 Dobbs v. Jackson Women's Health Organization ruling The the appropriate to abortion abolished. Only 34% of Americans said in May 2024 that they supported this decision.
Since 2022, voters have supported abortion rights in various state ballot initiatives which have enshrined the appropriate to abortion of their state constitutions.
The GOP Platform 2024: “Make America Great Again!” adopts a brand new tactic by which abortion is mentioned just once and the difficulty of abortion is left to the states.
The Republican platform Instead, there may be a provision entitled “Republicans will protect and defend the voice of the people within the states on the issue of life.” But that key The opaque commitment states:
“We believe that the 14th Amendment to the United States Constitution guarantees that no person shall be denied life or liberty without due process of law and that states are therefore free to enact laws to protect these rights. We will oppose late-term abortions while supporting mothers and policies that promote prenatal care, access to birth control and IVF (fertility treatments).”
The platform doesn’t explain how a second Trump administration would oppose “late-term abortion,” which shouldn’t be a medical term and will discuss with any point in pregnancy starting within the second trimester. However, through the presidential debate in September, Trump repeated the false claim that Democrats are pushing Abortion “after birth” – which in fact wouldn’t be abortion, but moderately child murder, which is a criminal offense.
Additionally, phrases corresponding to “No one can be denied life…” and “States are…free to enact laws to protect these rights” exhibit Republican support for the Constitution Protecting the rights of fetuses.
Therefore, despite recent public overtures, abortion stays a policy priority for the Republican Party.
Project 2025, for instance, a policy document conceived and written by the Heritage Foundation mostly from former Trump administration officialscalls for the enforcement of the Comstock Law. This 1873 federal law prohibited the mailing of “obscene” materials for illegal purposes.
Today, abortion opponents consider this Enforcement of the Comstock Act could prevent abortion drugs from being shipped to states with abortion bans and restrictions. Project 2025 also calls for revoking the Food and Drug Administration's approval of mifepristone, certainly one of two drugs utilized in medication abortions. These could be significant restrictions on access to abortion.
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The focus of the Democratic Party platform is reproductive rights
The Democratic Party 2024 programwhich was written when President Joe Biden was still the nominee, takes a distinct approach.
The platform criticizes the Supreme Court's Dobbs decision as “an extreme act” with “devastating consequences across the country.” While the 2024 Democratic platform is the primary post-Dobbs, its commitment to reproductive freedom is consistent with previous Democratic policy plans.
The platform's statement on “Reproductive Freedom” details the steps the Biden-Harris administration has taken to try to restore reproductive access, including executive orders corresponding to Protecting the Right to Traveling for an abortion from states with abortion bans. This is because some states with abortion bans are attempting to make it harder for people to get an abortion elsewhere.
It also sets out needed further steps in a brand new term, including passing “national legislation to make roe the law of the land again”, strengthening access to contraceptives and protecting the power to freeze embryos and perform IVF.
Both Biden and Harris have repeatedly promised to defeat Roe v. To “codify” Wade.. As the Democratic presidential candidate, Harris has brought the difficulty of reproductive rights further to the forefront. This follows Harris' work as vice chairman, when she spoke out early and infrequently about Dobbs and the necessity to restore abortion rights.
Harris has it too talked about it reproductive justice, maternal health, and particularly Black women's health. A central a part of Harris and vice presidential candidate Tim Walz's “New Way Forward” campaign is to ““Restore and protect reproductive freedom”“as part of safeguarding “our fundamental freedoms”.
State laws versus presidential power
While presidents have some power over abortion policy, they’re limited in several essential ways with regards to changing reproductive rights, particularly on the state level.
Still, presidents can use their power in other ways, corresponding to setting policy priorities for the Justice Department and other federal agencies. If Trump is elected in November, he could, for instance, instruct the Secretary of the Department of Health and Human Services to do that revoke a policy That reminded hospitals to treat medical emergencies, including abortions, when medically needed, even when state law prohibits abortions.
A Harris administration, then again could prioritize hospital needs to treat all medical emergencies, including if abortion is the needed treatment. It could also make sure that private insurers cover the prices of reproductive care, including abortions, in accordance with current laws.
The President's position on reproductive rights will either increase or decrease the legal chaos, confusion, and conflict which have arisen within the wake of Dobbs and that directly impact the practice of medication and the lives of patients.
Of course, the elections for the House of Representatives and the Senate will even influence what the president can achieve and whether party programs have a probability of becoming law. But with Congress deadlocked, these platforms provide crucial insight into the following administration's likely actions.
Even if Trump has stated As for abortion being a “minor issue” within the November elections, polls suggest otherwise. Abortion stays a thing distinguished topic not only within the presidential election, but additionally in ballot initiatives that might protect abortion access in ten states – a record number for the reason that Dobbs decision.
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