¶ Trump Took Steps To Dramatically Curtail Access To Abortion
Highlights:
- Donald Trump has been aggressively anti-abortion rights.
- Trump endorsed national abortion restrictions, including a pledge to support a federal abortion ban.
- Trump supported a federal abortion ban bill while president.
- Donald Trump nominated three Supreme Court justices that voted to strike down Roe v. Wade.
- Trump said abortion would be a litmus test for his Supreme Court nominees.
- In the 2024 primary, Trump touted appointing three Supreme Court justices that voted to overturn Roe.
- Donald Trump was initially split on how to handle the fall of Roe v. Wade, ultimately deciding to employ strategic ambiguity.
- Trump publicly praised the Roe decision, but quietly felt it was bad politics for the Republican Party.
- Trump was reported to have taken a strategic ambiguity approach to the abortion issue for the 2024 campaign, taking credit for the fall of Roe at some points and other times deflecting.
- Anti-abortion extremists continued to coddle up to Donald Trump and plan for possibilities in a second term.
- Trump had long-standing ties to Susan B. Anthony List President Marjorie Dannenfelser.
- Anti-abortion groups have begun planning out possible options in a second Trump term, with a particular focus on reversing Biden-era moves and executive actions which did not require Congress.
- Donald Trump previously supported abortion rights, but flipped when he ran for president.
- Donald Trump said people who sought abortions should be punished.
- Donald Trump nominated judges responsible for decisions that could limit abortion access.
- Trump reshaped the federal judiciary with anti-abortion rights extremists.
- Donald Trump nominated people hostile to reproductive rights – including abortion and IVF - to high-ranking positions.
- Donald Trump implemented the Title X gag rule, preventing Title X family planning aid recipients from performing abortions or providing referrals.
- This policy slashed Title X family planning capacities by half.
- Donald Trump reinstated and dramatically expanded the global gag rule.
- Trump reinstated Global gag rule three days into his presidency, requiring foreign NGOs to say they would not perform or promote abortion to receive federal funding.
- Trump later expanded the rule to include foreign NGOs that provided support to other NGOs that do perform or promote abortions.
- Donald Trump used the coronavirus pandemic as an opportunity to crackdown on abortion access.
- His administration asked the Supreme Court to reinstate a burdensome rule requiring abortion seekers to have an in-person visit to acquire medicine for medication abortions, despite the threat posed by COVID-19.
- Trump was reportedly open to further crackdowns on medication abortion in a second term.
- Donald Trump used the federal government to restrict abortion.
- Trump withheld Medicaid funds from California over its private insurance abortion mandate.
- The Trump administration announced a rule requiring health insurers in the federal marketplace to send customers a separate monthly bill for the portion of their premium for abortion
- The Trump administration weakened the ACA contraception mandate
- The Trump administration attempted to exempt health care workers from participating in procedures on religious grounds.
¶ Trump Supported A Federal Abortion Ban
¶ Trump REPORTEDLY FAVORED A National Abortion Ban At 15 Or 16 Weeks Of Pregnancy
Trump Reportedly Favored A National 16-Week Ban On Abortion. According to the New York Times, “Former President Donald J. Trump has told advisers and allies that he likes the idea of a 16-week national abortion ban with three exceptions, in cases of rape or incest, or to save the life of the mother, according to two people with direct knowledge of Mr. Trump’s deliberations.” [New York Times, 2/16/24]
Trump Said He Liked A 16-Week Ban Because “It’s Even. It’s Four Months.” According to the New York Times, “One thing Mr. Trump likes about a 16-week federal ban on abortions is that it’s a round number. ‘Know what I like about 16?’ Mr. Trump told one of these people, who was given anonymity to describe a private conversation. ‘It’s even. It’s four months.’” [New York Times, 2/16/24]
¶ Trump Openly Discussed A 15-Week National Abortion Ban
Trump Floated A National 15-Week Abortion Ban. According to Rolling Stone, “AFTER IT WAS reported that Trump intends to support a national abortion ban, the Republican primary frontrunner floated the idea of a 15-week ban during a Fox News interview at the U.S.-Mexico border in Texas on Thursday. When discussing support for in vitro fertilization (which GOP lawmakers claimed to support, then blocked a bill this week to protect IVF access nationwide), Trump insisted ‘we’re on the side of women.’ Shortly after his declaration, the former president told host Sean Hannity, ‘More and more I’m hearing about 15 weeks. I haven’t decided yet.’ Trump continued, ‘The number 15 is mentioned. I haven’t agreed to any number. I’m going to see. We want to take an issue that was very polarizing and get it settled and solved so everybody can be happy.’” [Rolling Stone, 3/1/24]
Trump Said He Was “Thinking In Terms Of” Supporting A National 15-Week Abortion Ban. According to CNN, “Former President Donald Trump is ‘thinking in terms of’ supporting a 15-week federal abortion ban, he said in an interview that aired Tuesday. ‘The number of weeks now, people are agreeing on 15, and I’m thinking in terms of that, and it’ll come out to something that’s very reasonable. But people are really, even hard-liners are agreeing, seems to be, 15 weeks seems to be a number that people are agreeing at. But I’ll make that announcement at the appropriate time,’ Trump said in a radio interview with ‘Sid & Friends in the Morning.’ Trump again reiterated his support for exceptions in cases of rape, incest and when the life of the mother is in danger.” [CNN, 3/19/24]
¶ As A Candidate, Trump Pledged To Sign A Federal Abortion Ban
September 2016: Trump Pledged To Sign A 20-Week Abortion Ban Into Law. According to the Washington Post, “Trump first supported a 20-week abortion ban in September 2016, during the final stretch of the presidential campaign when he was working to consolidate conservative support. [...] In a letter circulated to antiabortion activists by the Susan B. Anthony List, Trump pledged to sign a 20-week abortion bill into law if he became president, which he said ‘would end painful late-term abortions nationwide.’” [Washington Post, 10/3/17]
¶ Trump Endorsed National Abortion Restrictions
When Asked If He Supported A National Abortion Ban, Trump Said “I Think We'll Get It Done On Some Level.” According to a transcript of Trump’s appearance in New Hampshire provided by WMUR, “[Reporter]: Last question for you, Mr President. If you're president again in 2025 Senator Graham's 15 week abortion ban lands on your desk. Are you going to sign it? [Trump]: We're going to look at it. We're looking at a lot of different options. We got it back to the States. We did the Roe V Wade thing, which they've been trying to get it done for 50 years. I got it done. I appointed Incredible justices and judges all over 300 federal judges and three justices and I was able to do things that nobody else was able to and we'll get something done where everyone is going to be very satisfied. I believe that [Reporter]: on the national level? [Trump]: I think we'll get it done on some level. It could be on different levels, but we're going to get it done. I know the issue very well. I think I know the issue better than most and we will get that taken care of.” [WMUR, 4/27/23]
Trump: “There Of Course Remains A Vital Role For The Federal Government In Protecting Unborn Life.” According to USA Today, “Before an adoring crowd of religious conservatives, Donald Trump marked the one-year anniversary of the end of Roe v. Wade by adopting new language and endorsing the idea of national abortion restrictions. Trump, who has previously discussed abortion as more of a state issue, told the cheering members of the Faith and Freedom Coalition "I will fight for you like no president ever" on the abortion issue. He did not endorse any specific anti-abortion legislation or time limits in his nearly 90-minute speech to members of the coalition in D.C. but did say ‘there of course remains a vital role for the federal government in protecting unborn life.’” [USA Today, 6/24/23]
Trump Said “I Can Live With” A National Abortion Ban. According to the Associated Press, “Trump said he did not care whether abortion was ultimately banned at a federal level or settled by laws in each state. The U.S. Supreme Court, with the support of three justices appointed by Trump, last year overturned the federal right to an abortion. ‘From a pure standpoint, from a legal standpoint, I think it’s probably better’ to be handled at the state level, Trump said. ‘But I can live with it either way. It’s much more important, the number of weeks is much more important.’” [Associated Press, 9/17/23]
TRUMP WOULD NOT COMMIT TO VETOING FEDERAL ANTI-ABORTION LEGISLATION
Trump Declined To Say If He Would Veto A National Abortion Ban. According to Time, “In our interview at Mar-a-Lago, he declines to commit to vetoing any additional federal restrictions if they came to his desk.” [Time, 4/30/24]
Trump Declined To State If He Would Veto Legislation That Said Life Began At “The Moment Of Fertilization.” According to Time, “Trump’s allies don’t plan to be passive on abortion if he returns to power. The Heritage Foundation has called for enforcement of a 19th century statute that would outlaw the mailing of abortion pills. The Republican Study Committee (RSC), which includes more than 80% of the House GOP conference, included in its 2025 budget proposal the Life at Conception Act, which says the right to life extends to ‘the moment of fertilization.’ I ask Trump if he would veto that bill if it came to his desk. ‘I don’t have to do anything about vetoes,’ Trump says, ‘because we now have it back in the states.’” [Time, 4/30/24]
¶ Trump Approved The RNC Platform, Which Opened The Door For A Federal Abortion Ban
The RNC Platform Was Touted By The Trump Campaign As The “President Donald J. Trump’s 2024 Republican Party Platform.” According to CNBC, “The Trump campaign in a press release Monday afternoon touted the new document as ‘President Donald J. Trump’s 2024 Republican Party Platform.’ The platform now begins with language mirroring a Trump campaign press release, including the presumptive nominee’s ‘Make America Great Again’ and ‘America First’ slogans.” [CNBC, 7/8/24]
Slate: The RNC Platform Embraced “Fetal Personhood” - Which Could Ban Abortion And In-Vitro Fertilization Nationwide - And Left The Door Open For Abortion To Be Banned Under The Comstock Act. According to Slate, “So it’s fitting that on Monday, the Republican National Committee’s platform drafting committee approved an abortion plank (on Page 15 of 16) that sounds as if it’s about states’ rights but actually leaves the door wide open for a national ban. The platform will be finalized by a full vote at the RNC next week. The platform’s language embraces the idea that the 14th Amendment protects fetal personhood—an interpretation that would ban abortion nationwide. In fact, it infers that the Constitution already prohibits abortion and that such a ban would spring to life as soon as it’s recognized by the Supreme Court, as University of Texas law professor Liz Sepper noted on Twitter. And about that throwaway in vitro fertilization pledge: If the justices did uphold this view, it would mean the end of IVF as we know it. Prospective parents would have to retrieve a single egg at a time, fertilize it, and implant it. This platform also does nothing to rule out a national abortion ban under Comstock. Plus, it disingenuously suggests that the party supports access to birth control when GOP members of Congress have blocked such a bill twice in the past two years.” [Slate, 7/9/24]
¶ As President, Trump Supported A Federal Abortion Ban
October 2017: The Trump Administration Formally Backed A 20-Week Abortion Ban. According to The Hill, “The Trump administration formally backed a House bill Monday that would ban abortions after 20 weeks. The administration ‘strongly supports’ the bill and ‘applauds the House of Representatives for continuing its efforts to secure critical pro-life protections,’ the Office of Management and Budget wrote in a statement of administration policy.” [The Hill, 10/2/17]
October 2017: Trump Congratulated The House For Passing A Federal Abortion Ban. According to the Washington Post, “The House on Tuesday approved a bill banning most abortions after 20 weeks of pregnancy, advancing a key GOP priority for the third time in the past four years — this time, with a supportive Republican in the White House. […] The White House said in a statement released Monday that the administration ‘strongly supports’ the legislation ‘and applauds the House of Representatives for continuing its efforts to secure critical pro-life protections.’” [Washington Post, 10/3/17]
January 2018: Trump Said He Was Disappointed That The Senate Filibustered The Federal Abortion Ban. According to Politico, “The Senate on Monday blocked a bill, backed by President Donald Trump, to ban abortion after 20 weeks of pregnancy. The procedural vote, designed to put pressure on red-state Democrats who are up for reelection this fall, fell significantly short of the 60 votes needed to overcome a filibuster. The White House expressed strong support for the measure earlier Monday, saying it would ‘help to facilitate the culture of life to which our nation aspires.’ During the 2016 election, Trump said he would sign a 20-week abortion ban if it made it to his desk — one of several key reasons anti-abortion groups reversed course to back his campaign. [...] Trump called for the Senate to reconsider the vote, pointing out his disappointment with the filibuster. ‘It is disappointing that despite support from a bipartisan majority of U.S. senators, this bill was blocked from further consideration,’ he said in a statement.” [Politico, 1/29/18]
¶ Trump Said He Would Not Stop States From Restricting Abortion And Monitoring Pregnant People, Calling Such Restrictions “Beautiful”
¶ Trump Said He Would Not Interfere With States That Wanted To Track PRegnant People And Punish Women WHo Have Abortions
Trump Said He Would Not Interfere With States That Wanted To Prosecute Women For Having An Abortion. According to Time, “More than 20 states now have full or partial abortion bans, and Trump says those policies should be left to the states to do what they want, including monitoring women’s pregnancies. ‘I think they might do that,’ he says. When I ask whether he would be comfortable with states prosecuting women for having abortions beyond the point the laws permit, he says, ‘It’s irrelevant whether I’m comfortable or not. It’s totally irrelevant, because the states are going to make those decisions.’” [Time, 4/30/24]
Trump Said He Would Not Stop States From Monitoring Women’s Pregnancies. According to the Washington Post, “Former president Donald Trump said in an interview published Tuesday that he would not intervene in state
decisions on abortion policy, including in situations where states seek to monitor women’s pregnancies and
prosecute those who violate abortion bans.” [Washington Post, 4/30/24]
¶ Trump Said States Grappling With Abortion Restrictions Was “A Beautiful Thing To Watch”
Trump Called Individual States Deciding How To Restrict Abortion “A Beautiful Thing To Watch.” According to The Hill, “Former President Trump on Wednesday said it was ‘a beautiful thing to watch’ as individual states passed patchwork abortion laws, some more restrictive than others, and suggested it could unify the country even as Democrats use the issue to drive turnout in elections. Trump was asked in an interview with Fox News host Sean Hannity about the issues Democrats are hoping to focus on in November’s election, including abortion. Reproductive rights have been front and center politically in the two years since the conservative Supreme Court majority ended Roe v. Wade, with some states enshrining abortion rights and others enacting restrictive laws that effectively ban the procedure. ‘Now the states are deciding. And by the way, in many cases, like Ohio, it became… more liberal or progressive than people would have thought,’ Trump told Hannity. ‘But the people of Ohio decided. The people of Kansas decided. The people are now deciding. ‘And it’s taken it off the shoulders of the federal government. Always they wanted it to be decided by the states. And Roe v. Wade didn’t do that. It put it into the federal government,’ he continued. ‘So now states are voting on it. And in many cases, it’s more…liberal. In many cases, not in all cases. In some cases, they’re going the other direction. But the people are deciding. The people are deciding. And in many ways, it’s a beautiful thing to watch.’” [The Hill, 6/5/24]
¶ Trump Nominated Three Anti-Abortion Judges To The Supreme Court That Overturned Roe v. Wade And Touted This In His 2024 Campaign
¶ June 2015: Trump Said Abortion Would Be A Litmus Test For His Supreme Court Nominees
June 2015: Trump Said Being Pro-Life Would Be A Litmus Test For His Supreme Court Picks. According to a CNN transcript of Donald Trump’s remarks, “TAPPER: Let me ask you about a few social issues because they haven’t been issues you have been talking about for several years. I know you’re opposed to abortion. TRUMP: Right. I’m Pro-Choice. TAPPER: You’re pro-choice or pro-life? TRUMP: I’m pro-life. I’m sorry. TAPPER: How important is that issue to you now when President Trump picks Supreme Court justices? Would that be a litmus test? TRUMP: It is. It is. Look you have a lot of pro-choice people out there. But that is an issue. It is very interesting because in terms of polling, the pro-choice is actually going down a little bit.” [CNN – Trump Transcript, 6/28/15]
- 2016: Trump Explicitly Promised That When He Chose Justices They Would Overturn Roe. According to the New York Times, “Yet in his third and final debate against Hillary Clinton in the 2016 general election, Mr. Trump laid out his belief that he would have two and as many as three Supreme Court seats to fill. And he explicitly promised, in a way other candidates never had, that when he chose jurists who shared his stated beliefs, Roe v. Wade would be overturned.” [New York Times, 6/24/22]
¶ April 2017: Trump Supreme Court Nominee Neil Gorsuch Was Confirmed
April 7, 2017: Trump Supreme Court Nominee Neil Gorsuch Was Confirmed, Reestablishing The Court’s 5-4 Conservative-Liberal Split. According to Time, “Newly-minted Justice Gorsuch brings the highest court in the land back to the 5-4 conservative-liberal split it had before Scalia passed away in February 2016. In many ways, he’s a natural heir to Scalia: Gorsuch’s core judicial philosophy and writing style are strikingly similar to the man he’s replacing. Both are originalists, who interpret the Constitution based on the intent of the founders, and textualists, who look at the words of the document rather than legislative history. And both are known for their colorful language and incisive opinions.” [Time, 4/7/17]
Gorsuch Was Expected To Follow His Predecessor Antonin Scalia’s Lead In Opposing Abortion On Supreme Court. According to the Guardian, “The nominee Trump announced on Tuesday night, federal appeals judge Neil Gorsuch, a record with little direct bearing on this topic. Nevertheless, organizations across the political spectrum readily agreed that Gorsuch represented an abortion foe in the mold of the justice he is slated to replace, the late Antonin Scalia […] Gorsuch’s judicial rulings offer scant evidence of how he might rule on abortion rights. Still, there are myriad hints. Abortion opponents note his doctoral dissertation on assisted suicide, in which he thunders against ‘the intentional taking of human life.’ Supporters of reproductive rights note that Gorsuch sided with an effort to defund Planned Parenthood and with companies opposed to providing their employees with contraceptive coverage in their healthcare plans.” [The Guardian, 2/1/17]
¶ October 2018: Trump Supreme Court Nominee Brett Kavanaugh Was Confirmed After Retirement Of Justice Kennedy
With The 2018 Confirmation Of Brett Kavanaugh To The Supreme Court, Trump Cemented His 5-4 Conservative Majority On The Bench After Kennedy’s Departure. According to Axios, “With the confirmation of Brett Kavanaugh to the Supreme Court in 2018, President Trump cemented a solid conservative majority on the bench. Kavanaugh has the second-most conservative score (0.693) next to Justice Clarence Thomas (0.725), per a measure that score judges on a liberal-conservative spectrum. An analysis by political scientists Lee Epstein, Andrew D. Martin, and Kevin Quinn places judges on an ideological spectrum called the ‘Judicial Common Space.’ Conservative justices receive scores from 0 to 1, liberal justices from –1 to 0. Most liberal: Sonia Sotomayor (-0.521) Ruth Bader Ginsburg (-0.518) Elena Kagan (-0.302) Stephen Breyer (-0.280) John Roberts (0.089) Samuel Alito (0.317) Neil Gorsuch (0.486) Brett Kavanaugh (0.693) Clarence Thomas (0.725)” [Axios, 6/1/19]
¶ Kavanaugh Declined To Say How He Would Rule On Roe
During His Confirmation Hearing, Kavanaugh Refused To Say He Would Not Vote To Reverse Roe v. Wade. According to CNN, “During his first round of testimony before the Senate Judiciary Committee, Kavanaugh said he views Roe v. Wade, the landmark ruling that legalized abortion nationwide, as ‘important precedent of the Supreme Court’ that has been ‘reaffirmed many times.’ Yet he declined to say he would not vote to reverse Roe, saying that such a vow -- on any case -- would violate judicial norms.” [CNN, 10/6/18]
¶ Kavanaugh Defended A Dissent He Wrote That Would Have Denied A Migrant From Obtaining An Abortion
During His Confirmation Hearing, Kavanaugh Defended A Dissent He Wrote Attempting To Block A Young Migrant From Obtaining An Abortion. According to CNN, “He also defended a dissenting opinion he wrote last year when the full DC Circuit allowed a 17-year-old to end her pregnancy over objections from the Trump administration. In his dissent, Kavanaugh wrote the Supreme Court has held that ‘the government has permissible interests in favoring fetal life, protecting the best interests of a minor, and refraining from facilitating abortion’ […] He said the majority opinion was ‘based on a constitutional principle as novel as it is wrong: a new right for unlawful immigrant minors in US government detention to obtain immediate abortion on demand.’” [CNN, 10/6/18]
¶ October 2020: Trump Supreme Court Nominee Amy Coney Barrett Was Confirmed After The Death Of Justice Ginsburg
¶ Supreme Court Justice Ruth Bader Ginsburg Died
Justice Ruth Bader Ginsburg Died. According to NPR, “Justice Ruth Bader Ginsburg, the demure firebrand who in her 80s became a legal, cultural and feminist icon, died Friday. The Supreme Court announced her death, saying the cause was complications from metastatic cancer of the pancreas. The court, in a statement, said Ginsburg died at her home in Washington, D.C., surrounded by family. She was 87. [NPR, 9/18/20]
¶ Trump Nominated Amy Coney Barrett To Fill The Vacancy Left By Ginsburg’s Death
Trump Nominated Judge Amy Coney Barrett To The Supreme Court. According to NBC News, “President Donald Trump officially named Judge Amy Coney Barrett as his Supreme Court nominee in a White House event Saturday afternoon, setting up a contentious nomination fight in the final few weeks before the presidential election.” [NBC News, 9/26/20]
¶ Trump Consulted With Marjorie Dannenfelser Before Nominating Barrett
Trump Consulted With SBA List President Marjorie Dannenfelser Before Barrett Nomination. According to Politico, “Trump did both this week. For the more moderate crowd, senior White House officials were insisting the president wouldn’t press Supreme Court candidates for their thoughts on Roe. But at the same time, Trump was catering to the anti-abortion crowd, speaking about potential nominees with Marjorie Dannenfelser, president of Susan B. Anthony List, a top anti-abortion group. He also appeared virtually at the National Catholic Prayer Breakfast, promising to sign an executive order requiring medical care be given to infants who are born alive after failed abortion attempts.” [Politico, 9/25/20]
¶ The Senate Confirmed Barrett
October 26, 2020: Barrett Was Confirmed By The Senate And Sworn In To Fill Justice Ginsburg’s Seat. According to NPR, “The Senate has voted 52-48 to confirm Judge Amy Coney Barrett to the Supreme Court, just about a week before Election Day and 30 days after she was nominated by President Trump to fill the seat of the late Justice Ruth Bader Ginsburg. In a White House ceremony following the vote Monday evening, Supreme Court Justice Clarence Thomas administered the constitutional oath to Coney Barrett.” [NPR, 10/26/20]
¶ Barrett Previously Signed A Letter Calling For The End Of Roe
In 2006, Barrett Signed A Letter That Included A Call For The End Of Roe v. Wade. According to the Daily Beast, “Supreme Court nominee Amy Coney Barrett signed a letter in 2006 that included a call for the end of Roe v. Wade, denouncing the seminal court decision that provided a legal right to abortion as ‘barbaric.’ The letter came in the form of an advertisement from the anti-choice group St Joseph County Right to Life which was based in South Bend, Indiana.” [Daily Beast, 10/1/20]
¶ Barrett Was The Top Choice For Anti-Abortion Groups
Barrett Was The Top Choice For Anti-Abortion Groups. According to Politico, “Barrett is the top choice for anti-abortion groups. They argue she has the most established record on abortion among the potential picks and note the White House counsel already vetted her previously during the search that ultimately led to Kavanaugh’s nomination.” [Politico, 9/25/20]
¶ Trump’s Nominees Were Instrumental In Overturning Roe
June 24, 2022: The Supreme Court Overturned Roe v. Wade. According to the Washington Post, “The Supreme Court on Friday overturned the fundamental right to abortion established nearly 50 years ago in Roe v. Wade, a stunning reversal that could alter the nation’s political landscape and leaves states free to drastically reduce or even outlaw a procedure that abortion rights groups said is key to women’s equality and independence.” [Washington Post, 6/24/22]
The Supreme Court Was Considering Mississippi 15-Week Ban. According to the Washington Post, “The justices were considering a Mississippi law that would ban almost all abortions after 15 weeks of pregnancy. The law had not taken effect because lower courts said it was at odds with the national right to abortion established via Roe in 1973.” [Washington Post, 6/24/22]
The Supreme Court Voted 6-3 To Uphold The Mississippi Law With Gorsuch, Kavanaugh, And Barrett In The Majority. According to the Washington Post, “The vote was 6 to 3 to uphold a restrictive Mississippi law. Chief Justice John G. Roberts Jr., though, criticized his conservative colleagues for taking the additional step of overturning Roe and Planned Parenthood v. Casey, a subsequent case decided in the early 1990s that reaffirmed the constitutional right to abortion. […] Alito was joined by Justices Clarence Thomas, and Trump’s three nominees, Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett, who joined the court just 21 months ago, after the death of Justice Ruth Bader Ginsburg, the court’s most outspoken proponent of abortion rights.” [Washington Post, 6/24/22]
¶ Trump Took Credit For Appointing The Justices That Overturned Roe
¶ Trump Argued, “Nobody Has Ever Done More For Right To Life Than Donald Trump,” Citing His Supreme Court Appointments
Trump: “Nobody Has Ever Done More For Right To Life Than Donald Trump. I Put Three Supreme Court Justices, Who All Voted, And They Got Something That They’ve Been Fighting For 64 Years, For Many, Many Years.” According to CNN, “Just days before Donald Trump hosts his first 2024 event in South Carolina, a state whose evangelical population has long played a critical role in its presidential primary, the former president is lashing out at religious conservatives who have declined to endorse his third presidential campaign. Trump’s comments to conservative journalist David Brody in a podcast interview Monday, in which he decried the “disloyalty” of evangelical leaders who have withheld public support for his campaign, were the latest in a series of bewildering remarks he’s made about one of the most critical voting blocs in a Republican primary. “Nobody has ever done more for Right to Life than Donald Trump. I put three Supreme Court justices, who all voted, and they got something that they’ve been fighting for 64 years, for many, many years,’” Trump told Brody, referring to the Supreme Court’s overturning of federal abortion rights in Dobbs v. Jackson Women’s Health Organization decision last summer.” [CNN, 1/18/23]
Trump: “We Terminated Roe v. Wade.” According to Politico, “‘We terminated Roe v. Wade,’ Trump said at the Faith & Freedom Coalition’s annual conference Saturday, touting his appointment of three conservative Supreme Court justices. ‘Every child born and unborn is a sacred gift from God.’” [Politico, 6/24/23]
¶ Trump Highlighted His Supreme Court Appointments To Underscore His Influence In Overturning Roe v. Wade
Trump Stressed That He Appointed Three Of The Justices That Overturned Roe v. Wade. According to USA Today, “Hailing the one-year anniversary of the Supreme Court decision reversing Roe v. Wade, Trump stressed that he appointed three justices who were pivotal votes in striking down the abortion rights ruling.” [USA Today, 6/24/23]
Trump Cited The Three Supreme Court Justices He Nominated That Voted To Overturn Roe v. Wade To Highlight His Anti-Abortion Rights Credentials. According to the Associated Press, “Donald Trump, stinging from a rebuke by the nation’s leading anti-abortion group, used a speech Saturday before influential evangelicals in Iowa to spotlight his actions as president to try to restrict abortion rights. Chief among the accomplishments Trump listed were his nominations of three conservative judges to the U.S. Supreme Court. The appointments paved the way for the overturning last year of the landmark Roe. v. Wade ruling, which had affirmed a federal right to abortion. ‘Those justices delivered a landmark victory for protecting innocent life. Nobody thought it was going to happen,’ Trump said, appearing via video to a gathering of the Iowa Faith and Freedom Coalition. ‘They thought it would be another 50 years. Because Republicans had been trying to do it for exactly that period of time, 50 years.’” [Associated Press, 4/23/23]
¶ Trump Credited Himself For Curtailing Abortion Rights
Trump Took Credit For Limiting Federal Abortion Rights. According to Bloomberg, “Donald Trump took credit for curtailing federal abortion rights, though he stopped short of outlining whether he would support further restrictions in a second term as the issue gained fresh attention after the Alabama Supreme Court ruled unimplanted human embryos are children. The ex-president and 2024 Republican presidential frontrunner referenced the three US Supreme Court justices that he appointed during his administration that tilted the court in conservatives’ favor and subsequently led to the 2022 overturning of Roe v. Wade, which had protected abortion access since 1973. ‘I was able to bring this issue for the first time in 54 years back to the states,’ Trump said Thursday at a convention for Christian broadcasters in Nashville, Tennessee.” [Bloomberg, 2/22/24]
Trump Touted The Reversal Of Roe. According to Politico, “‘We have also achieved what the pro-life movement fought to get for 49 years, and we’ve gotten abortion out of the federal government and back to the states, the way everybody and all legal scholars always said it should be,’ Trump told the crowd, referring to his appointment of Supreme Court justices who overturned Roe v. Wade.” [Politico, 6/22/24]
¶ After Roe v. Wade Was Overturned, Trump Played Both Sides Of The Issue, And Planned To Try And Run As A Moderate In 2024 Despite His Record
¶ Trump Talked Through National Anti-Abortion Strategy
Wash. Post: Trump Talked Through “National Antiabortion Strategy” With SBA List President Marjorie Dannenfelser. According to the Washington Post, “One top advocate, Marjorie Dannenfelser, president of the antiabortion group Susan B. Anthony List, has spoken privately with 10 possible Republican presidential contenders, including former president Donald Trump, to talk through national antiabortion strategy. Most of them, she said in an interview, assured her they would be supportive of a national ban and would be eager to make that policy a centerpiece of a presidential campaign.” [Washington Post, 5/2/22]
Trump Was Reluctant To Embrace His Anti-Abortion Success When The Leaked Draft Of The Supreme Court Decision Overturning Roe Was Released. According to Rolling Stone, “There are, however, some conservative die-hards in Trump’s orbit who are personally trying to nudge him toward embracing — or at least firmly acknowledging — the anticipated victory, which would inevitably set the pro-choice movement back decades. ‘I encouraged him to go bigger on the life issue [following the leaked draft opinion],’ said a third person, who said they’d spoken to Trump about this in the past two weeks. ‘He said [something like], ‘maybe,’ which sounded more like a ‘not now.’” [Rolling Stone, 5/20/22]
Trump Allegedly Said Privately That Republicans Should Focus On Abortions Later In Pregnancy Rather Than More Conservative Positions On The Issue. According to Rolling Stone, “Trump has remarked privately that if Republicans wanted to be “really smart” during the 2022 midterm elections, the party should focus on Democrats and ‘late-term abortions’ while steering clear of markedly less popular conservative positions on the issue, according to another person who spoke to the ex-president in the past two months.” [Rolling Stone, 6/24/22]
¶ Trump Reacted Differently Publicly And Privately To Fall Of Roe
¶ Trump Championed The Ruling Publicly
Trump Publicly Heralded The Ruling As A Victory, But Privately Told Friends And Advisers The Ruling Will Be “Bad For Republicans.” According to the New York Times, “Publicly, former President Donald J. Trump heralded the Supreme Court’s ruling on Friday ending federal abortion protections as a victory. Yet, as he faces possible prosecution over his efforts to subvert the 2020 election and prepares for a likely 2024 presidential campaign, Mr. Trump has privately told friends and advisers the ruling will be ‘bad for Republicans.’” [New York Times, 6/24/22]
¶ Trump Said Fall Of Roe v. Wade Would “Work Out For Everybody”
Trump Said “In The End, This Is Something That Will Work Out For Everybody.” According to the New York Times, “The former president also told Fox News, in an interview published after the decision on Friday, that the court was ‘following the Constitution, and giving rights back when they should have been given long ago.’ He added, ‘I think, in the end, this is something that will work out for everybody.’” [New York Times, 6/24/22]
¶ Trump Called Roe Falling “The Biggest WIN For LIFE In A Generation”
Trump Called The Supreme Court Decision To Overturn Roe “The Biggest WIN For LIFE In A Generation.” According to the New York Times, “‘Today’s decision, which is the biggest WIN for LIFE in a generation, along with other decisions that have been announced recently, were only made possible because I delivered everything as promised, including nominating and getting three highly respected and strong Constitutionalists confirmed to the United States Supreme Court,’ Mr. Trump said.” [New York Times, 6/24/22]
¶ In Private Trump Called Texas Six-Week Law “So Stupid”
Trump Said In Private Conversations That Measures Like Texas’ Six-Week Law And Allowing Private Lawsuits Against Citizens “So Stupid.” According to the New York Times, “In other conversations, Mr. Trump has told people that measures like the Texas state law banning most abortions after six weeks and allowing citizens to file lawsuits against people who enable abortions are ‘so stupid,’ according to a person with direct knowledge of the discussions. The Supreme Court let the measure stand in December 2021.” [New York Times, 6/24/22]
¶ Trump Called Florida’s Six-Week Abortion Ban “A Terrible Mistake”
Trump Called Florida’s Six-Week Abortion Ban “A Terrible Mistake.” According to the Associated Press, “Trump repeatedly declined to say whether he would support a federal ban on abortion and he criticized a ban on abortion after six weeks of pregnancy that was signed by Florida Gov. Ron DeSantis, one of Trump’s top rivals in the presidential primary. ‘I think what he did is a terrible thing and a terrible mistake,’ Trump said.” [Associated Press, 9/17/23]
¶ Trump Said He Wanted To Be Seen As “Pro-Life” While Criticizing Abortion Restrictions
Trump Said He Wanted To Be Seen As “Pro-Life” While Criticizing Abortion Restrictions Supported By The Anti-Abortion Movement. According to The Hill, “Former President Trump is trying to have it both ways on abortion, reflecting the difficulties Republicans face as they try to navigate the issue since Roe v. Wade was overturned. In the past week, Trump has dodged questions about national restrictions, blamed the anti-abortion movement for the GOP losses in last year’s midterm elections and criticized states such as Florida and Georgia for their six-week bans. In a ‘Meet the Press’ interview earlier this month, Trump called Florida’s ban on abortion after six weeks of pregnancy a ‘terrible thing.’ During a campaign rally in Iowa on Wednesday, Trump said GOP candidates shouldn’t be taking a hard line on abortion, and that without talking about exceptions for rape, incest and the life of the mother, ‘it is very difficult to win elections.’ ‘This issue cost us dearly in the midterms, and unnecessarily,’ Trump said. But he has also called himself the most ‘pro-life president ever’ and has made it a point to remind people how he paved the way for the Supreme Court’s Dobbs decision that ended Roe v Wade.” [The Hill, 9/24/23]
¶ Trump Claimed Credit For Fall Of Roe
¶ Trump Ran In 2024 On His Record Opposing Abortion Rights
Trump’s Campaign Called Him The “Biggest Advocate” Opposing Abortion Rights. According to the Associated Press, “‘There has been no bigger advocate for the movement than President Trump,’ he said.” [Associated Press, 3/20/23]
Trump’s Campaign Called Him “The Most Pro-Life President In History.” According to The Guardian, “Asked about Trump’s stance on abortion for 2024, the campaign reiterated his White House policies: ‘President Trump believes that the supreme court, led by the three justices which he supported, got it right when they ruled this is an issue that should be decided at the state level.’ It added: ‘Republicans have been trying to get this done for 50 years, but we were unable to do so. President Trump, who is considered the most pro-life president in history, got it done. He will continue these policies when re-elected to the White House.’” [The Guardian, 4/19/23]
¶ Trump’s Campaign Highlighted His Anti-Abortion Rights Record
Trump Campaign Spokesman Steven Cheung Championed Trump’s Anti-Abortion Record In A Statement. According to Semafor Principals, “A Trump campaign spokesman sent Semafor a lengthy response late Monday defending his anti-abortion record. ‘President Trump’s unmatched record speaks for itself — nominating pro-life federal judges and Supreme Court justices that overturned Roe v. Wade, ending tax-payer funded abortions, reinstated the Mexico City Policy that protects the life of the unborn abroad, and many other actions that championed life,’ said Trump campaign spokesman Steven Cheung. ‘There has been no bigger advocate for the movement than President Trump. Contrast that with Joe Biden’s abhorrent record of abortion on demand and using American tax dollars to fund the killing of the most vulnerable, it is clear we need President Trump back in the White House.” [Semafor – Principals, 1/3/23]
Trump’s Campaign Said His Record On Opposing Abortion Rights Was “Unmatched.” According to the Associated Press, “Campaign spokesman Steven Cheung listed Trump’s ‘unmatched’ record on abortion, highlighting Trump’s Supreme Court nominations, his moves to block taxpayer-funded abortion and his decision to reinstate the ‘Mexico City’ policy that required nongovernmental organizations as a condition of funding not to promote abortion as a family planning method in other countries.” [Associated Press, 3/20/23]
¶ Trump Personally Highlighted His Record Opposing Abortion Rights
Trump: “We Did The Roe v. Wade Thing, Which They've Been Trying To Get It Done For 50 Years. I Got It Done.” According to a transcript of Trump’s appearance in New Hampshire provided by WMUR, “[Reporter]: Last question for you, Mr President. If you're president again in 2025 Senator Graham's 15 week abortion ban lands on your desk. Are you going to sign it? [Trump]: We're going to look at it. We're looking at a lot of different options. We got it back to the States. We did the Roe V Wade thing, which they've been trying to get it done for 50 years. I got it done. I appointed Incredible justices and judges all over 300 federal judges and three justices and I was able to do things that nobody else was able to and we'll get something done where everyone is going to be very satisfied. I believe that [Reporter]: on the national level? [Trump]: I think we'll get it done on some level. It could be on different levels, but we're going to get it done. I know the issue very well. I think I know the issue better than most and we will get that taken care of.” [WMUR, 4/27/23]
Trump Took Credit For Restrictive Abortion Laws Passed By States Since The Overturning Of Roe v. Wade. According to The Hill, “Former President Trump on Wednesday took credit for bringing about the end of Roe v. Wade and for the restrictive abortion laws that have passed in the year since the Supreme Court struck the landmark decision down. Trump, in a post on Truth Social, said he ‘was able to kill Roe v. Wade, much to the ‘shock’ of everyone,’ and put the anti-abortion movement in a ‘strong negotiating position.’ ‘Without me there would be no 6 weeks, 10 weeks, 15 weeks, or whatever is finally agreed to,’ he wrote. ‘Without me the pro Life movement would have just kept losing. Thank you President TRUMP!!!’” [The Hill, 5/17/23]
Trump: “I’m Proud To Be The Most Pro-Life President In American History.” According to the Washington Times, “Mr. Trump, who is far and away the front-runner for the Republican presidential nomination, dinged his rivals who trumpet their pro-life bona fides before conservative audiences. He said his record tops them all. ‘A woman stood up and said, ‘This guy [Trump] ended Roe v. Wade. How the hell can you go against him?’ And I sort of said that myself, actually,’ Mr. Trump said. The audience laughed and cheered. ‘But I’m proud to be the most pro-life president in American history.’” [Washington Times, 6/25/23]
¶ Trump Ran Ads In Iowa Touting His Anti-Abortion Record
Trump Ran Ads In Iowa Touting His Anti-Abortion Record. According to Rolling Stone, “Donald Trump — who has fretted privately that Republicans are ‘getting killed’ electorally on abortion — is now running ads touting his pro-life record in Iowa, the first state to vote in the GOP primary. In the ads, paid for by Trump’s campaign and first reported by Kyle Tharp in his newsletter FWIW, Trump declares himself ‘THE MOST Pro-Life President in history.’ He details his anti-abortion victories, including nominating a conservative troika of Supreme Court justices who were ‘instrumental’ in the court’s decision to overturn Roe v. Wade; preventing ‘U.S. taxpayer dollars from funding abortion overseas,’ a reference to his aggressive expansion of the ‘global gag rule’; and being the first president in history to attend the March for Life.” [Rolling Stone, 10/16/23]
¶ Trump Took Credit For Fall Of Roe After Decision Announced
Trump Took Credit For Fall Of Roe Through Supreme Court Nominations. According to the New York Times, “Today’s decision, which is the biggest WIN for LIFE in a generation, along with other decisions that have been announced recently, were only made possible because I delivered everything as promised, including nominating and getting three highly respected and strong Constitutionalists confirmed to the United States Supreme Court,” Mr. Trump said.” [New York Times, 6/24/22]
¶ Trump Took Credit For Fall Of Roe After Decision Was Leaked
Trump Said, “Some People Maybe Say It's My Fault And Some People Say, 'Thank You Very Much.’” According to CBN News, “Senate Majority Leader Chuck Schumer (D-NY) blames Trump for the potential major pro-life outcome because he was the president who was able to get three pro-life justices on the high court. ‘Well, a lot of people are very happy about that,’ Trump told CBN News. ‘So some people maybe say it's my fault and some people say, 'Thank you very much.’’” [CBN News, 5/4/22]
¶ Trump Took Credit For The Fall Of Roe On The Campaign Trail
On The Campaign Trail, Trump Took Credit For Ending Roe And Said Republicans Needed To “Learn How To Properly Talk About Abortion.” According to the Des Moines Register, “Former Republican president Donald Trump took credit for ending Roe v. Wade while campaigning in Iowa Wednesday, but he cautioned that Republicans can't win in 2024 unless they ‘learn how to properly talk about abortion.’ ‘You have to follow your heart. You can’t do it for just the election,’ he said at a campaign event in Dubuque. ‘But you have to follow your heart. At the same time, you have to win elections, otherwise, we’ll be back where we were.’” [Des Moines Register, 9/20/23]
¶ Trump Ran Anti-Abortion Ads In Iowa, Which Credited Him For Nominating Justices That Overturned Roe v. Wade
Trump Ran Anti-Abortion Radio Ads In Iowa. According to the Washington Examiner, “Former President Donald Trump's campaign is running radio ads in Iowa markets that champion his record on abortion in the aftermath of last week's electoral losses for the GOP, among other conservative policies he has delivered on. The ad is a signal that while abortion has proven to be a cudgel for Republicans, Trump may be able to sidestep the backlash, given his presidential record, which led to the overturning of Roe v. Wade.” [Washington Examiner, 11/14/23]
The Ads Credit Trump For Nominating Justices That Overturned Roe v. Wade. According to the Washington Examiner, “‘Trump nominated conservative judges, leading to Roe v. Wade being overturned and returned to the states,’ a female voice-over says in the ad. ‘Help make America great again. Caucus for President Trump on Jan. 15.’” [Washington Examiner, 11/14/23]
¶ January 2024: Trump Said He Was “Proud” To Have “Terminated” Roe v. Wade
January 2024: Trump Said He Was “Proud” For Getting Roe “Terminated.” According to ABC News, “‘If it weren't for me, with Roe v. Wade, you wouldn't even be talking about this stuff,’ Trump said on Wednesday. ‘For 54 years they were trying to get Roe v. Wade terminated, and I did it and I'm proud to have done it,’ he said in a quote soon seized on by rival Joe Biden's campaign.” [ABC News, 1/10/24]
¶ Trump Deflected On Credit For Roe v. Wade Falling
¶ During 2020 Debate, Trump Deflected On Importance Of Election For Roe v. Wade
Trump Downplayed The Importance Of 2020 Election For Abortion Rights During A Presidential Debate. According to the Associated Press, “President Donald Trump doesn’t want to talk about abortion. After years of saying he would appoint ‘pro-life’ judges and bragging that the landmark Roe v. Wade decision would be overturned ‘automatically’ if he won, Trump is now tiptoeing around the issue as he tries to get another justice confirmed to the Supreme Court before the Nov. 3 election. ‘You don’t know what’s on the ballot,’ Trump interjected during this week’s first presidential debate when Democrat Joe Biden said the ruling giving women the right to an abortion was at stake. ‘Why is it on the ballot? Why is it on the ballot?’ Trump demanded. ‘It’s not on the ballot. ... There’s nothing happening there.’” [Associated Press, 10/2/20]
¶ Trump Did Not Mention Abortion While On A Campaign Stop In Iowa
Trump Avoided The Topic Of Abortion While On A Lengthy Campaign Stop In Iowa. According to the Associated Press, “Look no further than Trump’s trip to Iowa last week for evidence of his delicate balancing act. The former president quickly shifted the conversation to immigration, the economy and ‘radical-left lunatics.’ And in the hours that followed, he didn’t mention the word ‘abortion’ even once as he chatted with Iowans in a diner, delivered an hourlong speech and took almost a dozen questions from voters.” [Associated Press, 3/20/23]
¶ Trump Skipped A Summit Where Iowa’s Six-Week Abortion Ban Was Signed Into Law
Unlike Many Republican Candidates, Trump Did Not Attend The Family Leadership Summit Where The Signing Ceremony For Iowa’s Six-Week Abortion Ban Took Place. According to NBC News, “Iowa Republican Gov. Kim Reynolds on Friday signed a six-week abortion ban into law, setting in motion a new legal battle over the future of reproductive rights in the key early presidential state, and further escalating the presence of a divisive issue in the campaign. Surrounded by a cadre of Republican state legislators and anti-abortion leaders, Reynolds inked the measure during a special, on-stage presentation at the Family Leadership Summit — a prominent political gathering hosted by an evangelical Christian group. […] Reynold’s choice of venue for her signing further cements the role the divisive issue of abortion rights will play in presidential politics — both in the key early-voting state and across the U.S. In attendance at Friday's summit — moderated by conservative commentator Tucker Carlson — were Florida Gov. Ron DeSantis, former Vice President Mike Pence, former South Carolina Gov. Nikki Haley, South Carolina Sen. Tim Scott and businessman Vivek Ramaswamy, many of whom, at various points during the conference, lauded Reynolds and her bill. ‘Gov. Kim Reynolds knocked it out of the park,’ Haley said following the signing. ‘We’re standing here on a historic day in Iowa,’ Pence said during a morning session, ahead of the signing. He praised Reynolds for her plan to sign ‘into law historic protections for the unborn.’ Former President Donald Trump — who has been more reluctant to embrace strict abortion bans during the campaign than some of his rivals — skipped the event.” [NBC News, 7/14/23]
¶ After The Decision Was Released Trump Deflected Credit
Trump Downplayed His Central Role In Overturning Roe; “I Never Like To Take Credit For Anything.” According to the New York Times, “For weeks in advance of the ruling, Mr. Trump had been just as muted. In an interview with The New York Times in May, Mr. Trump uttered an eyebrow-raising demurral in response to a question about the central role he had played in paving the way for the reversal of Roe v. Wade. “I never like to take credit for anything,” said Mr. Trump, who has spent his career affixing his name to almost anything he could.” [New York Times, 6/24/22]
When Asked To Take Credit For Roe Falling Trump Said, “God Made The Decision.” According to Fox News, “When asked if he had a message for any of his supporters who may be pro-choice, Trump told Fox News: ‘I think, in the end, this is something that will work out for everybody.’ ‘This brings everything back to the states where it has always belonged,’ Trump said. When asked whether he feels he played a role in the reversal of Roe v. Wade, after having appointed three conservative justices to the high court, the former president told Fox News: ‘God made the decision.’” [Fox News, 6/24/22]
¶ When The Decision Was Leaked, Trump Deflected Credit
Trump Did Not Claim Victory After The Decision Leaked. According to Politico, “It should be Donald Trump’s crowning achievement, one that fulfilled the deepest wish many conservatives have held for generations. Three of the Supreme Court justices appointed by the former president signed onto the initial draft opinion that appears to signal the end of the landmark abortions right case, Roe v. Wade. But at a moment of seeming triumph, the normally braggadocious Trump has been subdued. The former president, never one to shy away from taking credit for accomplishments, real or imagined, has yet to crow about the majority draft opinion. And when asked about it in interviews, he steered clear of anything resembling a victory lap. Instead, he expressed displeasure that the draft leaked and sidestepped weighing in on the issue of abortion rights. On Wednesday night at Mar-a-Lago, he told POLITICO he was waiting to see “finality” in the case.” [Politico, 5/5/22]
¶ Amid Backlash Concerns, Trump Planned To Cast Himself As An Abortion Moderate In 2024 By Remaining Ambiguous On Issue
¶ Trump Repeatedly Expressed Concerns That The Overturning Of Roe v. Wade Was Bad For Republicans Electoral Prospects
¶ June 2022: Trump Said The Fall Of Roe Was “Bad For Republicans” And Would Lead To A Midterm Backlash
Trump Said The Ruling Was “Bad For Republicans.” According to the New York Times, “Publicly, former President Donald J. Trump heralded the Supreme Court’s ruling on Friday ending federal abortion protections as a victory. Yet, as he faces possible prosecution over his efforts to subvert the 2020 election and prepares for a likely 2024 presidential campaign, Mr. Trump has privately told friends and advisers the ruling will be ‘bad for Republicans.’” [New York Times, 6/24/22]
Trump Told Friends And Advisors That The Leaked Draft Would Anger Suburban Women And Lead To A Backlash In The Midterm Elections. According to the New York Times, “When a draft copy of the decision leaked in May, Mr. Trump began telling friends and advisers that it would anger suburban women, a group who helped tilt the 2020 race to President Biden, and would lead to a backlash against Republicans in the November midterm elections.” [New York Times, 6/24/22]
Trump Posted On Truth Social That Republican Failures In The 2022 Midterms Resulted From “The Abortion Issue.” According to a post to Truth Social by @realDonaldTrump, “It wasn’t my fault that the Republicans didn’t live up to expectations in the MidTerms. I was 233-20! It was the ‘abortion issue,’ poorly handled by many Republicans, especially those that firmly insisted on No Exceptions, even in the case of Rape, Incest, or Life of the Mother, that lost large numbers of Voters. Also, the people that pushed so hard, for decades, against abortion, got their wish from the U.S. Supreme Court, & just plain disappeared, not to be seen again. Plus, Mitch stupid $'s!” [Truth Social - @realDonaldTrump, 1/2/23]
¶ April 2023: Trump Reportedly Thought An Abortion Ban Could Cost Him The 2024 Election
Trump Considered A Federal Ban On Abortion An Electoral Loser. According to The Guardian, “Donald Trump considers a federal abortion ban a losing proposal for Republicans as the party prepares to enter the first presidential election since the supreme court’s decision to overturn Roe v Wade – and is unlikely to support such a policy, according to people close to him. […] But Trump’s crystallizing stance appears to be, in essence, a recognition that a federal abortion ban could cost him in the 2024 election should he become the Republican nominee, mainly because a majority of Americans simply do not support making abortion mostly or entirely illegal.” [The Guardian, 4/19/23]
¶ Trump Said He Believed Abortion Was A Losing Issue For Republicans
Trump Warned Evangelical Leaders That Republican Risk “Losing Big” If They Push Any Further On Abortion. According to Rolling Stone, “SINCE LATE LAST year, Donald Trump has been holding private meetings with religious-right figures in an effort to remind them about his anti-abortion record and ensure their support. But instead of thanking Trump for his role in repealing Roe v. Wade, the leaders are pressing for hardcore commitments that go far beyond what he is comfortable with — and what he thinks voters will allow him to get away with. According to two participants and another source close to Trump, the ex-president has warned leaders in off-the-record conversations that Republicans risk ‘losing big’ — in Trump’s words — unless they follow his lead. He has warned the leaders to shift their own messaging, telling them to emphasize ‘exceptions’ to abortion bans, including in cases of rape, incest, or a threat to the life of the mother. In these frank talks, Trump has stressed this is his 2024 plan, saying it’s necessary to prevent Democrats from painting him as an ‘extremist.’” [Rolling Stone, 4/13/23]
Trump Said Republicans Were “Getting Killed On Abortion.” According to Rolling Stone, “Privately, Trump is conceding those big losses have already begun. Trump has for several weeks vented to confidants that the GOP is ‘getting killed on abortion’ or on ‘the abortion issue,’ according to three people who’ve heard him use this phrasing on different occasions.” [Rolling Stone, 4/13/23]
Trump Said Abortion Was Not A Winning Issue For Republicans Until “You Come Up With The Right Number Of Weeks.” According to the Messenger, “Former President Donald Trump criticized fellow Republicans for being too restrictive on abortion and claimed that he would negotiate a compromise between the two parties on abortion if re-elected president in an interview with NBC's ‘Meet the Press.’ ‘I watch some of them without the exceptions, et cetera, et cetera,’ Trump said. ‘Other than certain parts of the country, you can’t — you’re not going to win on this issue. But you will win on this issue when you come up with the right number of weeks.’” [Messenger, 9/17/23]
¶ January 2024: Trump Reportedly Still Called Abortion A Political Loser
Trump Privately Said Abortion Was A Political Loser. According to the Washington Post, “Many antiabortion activists spent much of last year frustrated that the former president, who appointed the three conservative justices who brought down Roe v. Wade, seemed to be tempering his support for their cause as he plotted his White House comeback amid a wave of support for abortion rights at the polls. They watched anxiously as Trump refused to endorse any kind of national abortion ban, privately telling those close to him that the ‘a-word,’ as he called abortion, was a political loser.” [Washington Post, 1/5/24]
¶ Trump Planned To Remain Vague On Abortion Issue In The 2024 Presidential Campaign In An Attempt To Cast Himself As A Moderate
¶ Trump Was “Employing Vagueness” On The Abortion Issue
New York Times: Trump Showed Resilience On The Issue Of Abortion By “Employing Vagueness,” Which Undercut Blame For His Direct Role In Overturning Roe v. Wade. According to the New York Times, “Donald J. Trump is showing surprising resilience on the abortion issue, appearing less vulnerable than fellow Republicans despite his key role in shaping the Supreme Court that overturned Roe v. Wade. An Ohio referendum last Tuesday guaranteeing abortion access and similar election results have bolstered Democrats’ hopes that they could repeat those successes in 2024. But Mr. Trump has held steady in recent surveys even among voters who favor keeping abortion mostly legal. President Biden, who holds a big lead among those who want abortion always legal, led the ‘mostly legal’ group by only one percentage point against Mr. Trump in the recent New York Times/Siena College surveys of battleground states. Mr. Trump seems to have effectively neutralized abortion as an issue during the Republican primary. He appears to be attending to general election voters by employing vagueness and trying to occupy a middle ground of sorts, perhaps allowing voters to see what they want to see. And traditionally in presidential elections, a relatively small share of people will vote based on any one social issue, even if that issue is abortion.” [New York Times, 11/14/23]
¶ Trump Privately Thought He Could Run As A “Moderate” On Abortion
Trump Reportedly Believed He Could Run As A “Moderate” On Abortion Despite Taking Credit For The End Of Roe v. Wade. According to Rolling Stone, “THE MAN WHO essentially ended the federal right to abortion thinks that he can now run for president in 2024 as a ‘moderate’ on the issue. In recent weeks, according to two people familiar with the matter, Donald Trump has privately remarked that several anti-abortion leaders — people who spent the past year pushing him to commit to enacting a draconian national ban — now have no ‘leverage’ to force him to do anything. Despite their very public pressure campaign for that abortion ban, the former president insists that they will all fall in line and back him soon enough — with or without specific policy promises — in large part because they have nowhere else to turn. Trump has also mocked certain ‘disloyal’ and ‘out of touch’ leaders in the movement for tacitly supporting Florida governor and GOP presidential candidate Ron DeSantis, who has failed to loosen Trump’s grip on the party, one of the sources adds.” [Rolling Stone, 11/26/23]
Trump Planned To Present Himself In A Way That Would Make “Both Republicans And Democrats Very Happy.” According to Rolling Stone, “According to the two sources and other Trump allies and aides familiar with the situation, Trump and his team are looking past the primary towards a general-election fight against President Joe Biden — and they think they can somehow run the former president as a supposed “moderate” (as three sources put it) on abortion, at least compared to the majority of the 2024 Republican field. For months, the sources tell Rolling Stone, Trump and some of his closest aides — such as top campaign adviser Susie Wiles — have planned for the ex-president to position himself in a way that ‘makes both Republicans and Democrats very happy,’ as Trump is fond of saying.” [Rolling Stone, 11/26/23]
¶ January 2024: Trump Called For Unspecified “Little Bit Of A Concession” On Abortion, But Lacked Specifics
Trump Said There Needed To Be “A Little Bit Of A Concession” On Abortion, But Did Not Clarify What That Actually Meant. According to ABC News, “Donald Trump on Wednesday weighed in again on abortion access when asked to clarify his stance on the issue, saying he was for exceptions to bans and that it was important in order to win elections. ‘We're living in a time when there has to be a little bit of a concession one way or the other,’ the former president and 2024 candidate said during a Fox News town hall, which he participated in instead of the latest GOP primary debate. ‘You have to win elections,’ Trump also said. ‘Otherwise, you're going to be back where you were, and you can't let that ever happen again. You got to win elections.’ Trump has sought to both tout his anti-abortion record while sounding more ambivalent about sweeping bans. He's boasted of his role in the Supreme Court's decision in reversing Roe, which was a key goal of conservatives for decades, given that he named three of the justices who joined that decision.” [ABC News, 1/10/24]
¶ January 2024: Trump Told Conservative Leaders His Criticisms Of Harsh Abortion Bans Was Just A Means To Attack DeSantis
Trump’s Campaign Told Conservative Leaders That His Attacks On Strict State Abortion Laws Were Only A Means Of Attacking Ron DeSantis. According to the Washington Post, “Trump’s campaign has assured some conservative leaders in private meetings that the former president only criticized strict state abortion laws as a means of attacking Florida Gov. Ron DeSantis, one of his opponents in the Republican primary who signed a six-week ban, according to a Trump adviser who spoke on the condition of anonymity to discuss private conversations.” [Washington Post, 1/5/24]
¶ Anti-Abortion Extremists Sought Continued Favor With Trump And Influence In A Second Trump Term
¶ Trump Was Endorsed By National Right To Life
Trump Received The Endorsement Of National Right To Life. According to a press release from National Right to Life, “National Right to Life, the federation of right-to-life affiliates in all 50 states and the District of Columbia, over 3,000 local chapters, and millions of grassroots supporters, announced its endorsement of President Donald J. Trump in the 2024 presidential race. ‘National Right to Life is pleased to endorse Donald J. Trump for President. In his first term, President Trump demonstrated extraordinary leadership and delivered historic results on behalf of vulnerable unborn children and their mothers,’ said Carol Tobias, president of National Right to Life. ‘Thanks to President Trump, the American people and their elected representatives on the state and federal levels now have greater authority to determine abortion policy and pass meaningful protections for unborn children and their mothers.’” [Press release – National Right to Life, 1/30/24]
¶ Trump Maintained Ties With Anti-Abortion Leader Marjorie Dannenfelser Of SBA Pro-Life America
¶ Trump Consulted SBA List President Marjorie Dannenfelser On Supreme Court Picks Such As Barrett
Trump Consulted With SBA List President Marjorie Dannenfelser Before The Barrett Nomination. According to Politico, “Trump did both this week. For the more moderate crowd, senior White House officials were insisting the president wouldn’t press Supreme Court candidates for their thoughts on Roe. But at the same time, Trump was catering to the anti-abortion crowd, speaking about potential nominees with Marjorie Dannenfelser, president of Susan B. Anthony List, a top anti-abortion group. He also appeared virtually at the National Catholic Prayer Breakfast, promising to sign an executive order requiring medical care be given to infants who are born alive after failed abortion attempts.” [Politico, 9/25/20]
¶ May 2022: Trump Reportedly Talked Through National Anti-Abortion Strategy With Dannenfelser
Trump Talked Through National Anti-Abortion Strategy With SBA List President Marjorie Dannenfelser. According to the Washington Post, “One top advocate, Marjorie Dannenfelser, president of the antiabortion group Susan B. Anthony List, has spoken privately with 10 possible Republican presidential contenders, including former president Donald Trump, to talk through national antiabortion strategy. Most of them, she said in an interview, assured her they would be supportive of a national ban and would be eager to make that policy a centerpiece of a presidential campaign.” [Washington Post, 5/2/22]
¶ In The 2024 Campaign, Dannenfelser Embraced Trump Despite Some Previous Criticisms And Noted Trump Had “Enormous Amount Of Trust” With Anti-Abortion Voters
Leaders In The Anti-Abortion Movement Have Set Aside Their Past Criticisms Of Trump. According to the Washington Post, “When Donald Trump did not back a national abortion ban, the leader of one of the country’s largest antiabortion groups, Susan B. Anthony Pro-Life America, blasted his position as ‘morally indefensible.’ The president of another leading antiabortion organization, Students for Life, took a stand months later after Trump called strict state bans ‘terrible’ — deploying volunteers to a Trump rally in Miami with signs that read, ‘Make Trump Pro-Life Again.’ That was last year. Now, with voting set to begin in a Republican presidential race that many expect will soon coronate Trump as the presumptive nominee, those two prominent activists and other leading antiabortion figures have largely put their criticisms aside — focusing instead on what a second Trump presidency could mean for the antiabortion movement.” [Washington Post, 1/5/24]
Dannenfelser Said Trump “Built An Enormous Amount Of Trust With Pro-Life Voters.” According to the Washington Post, “Marjorie Dannenfelser of Susan B. Anthony Pro-Life America, who had issued the searing critique of Trump’s abortion ban skepticism last spring, told The Washington Post in recent days that Trump has ‘built an enormous amount of trust with pro-life voters, as his presidency was the most consequential in American history for the pro-life cause.’” [Washington Post, 1/5/24]
¶ Anti-Abortion Groups Laid Out Their Plans To Restrict Abortion Access In A Second Trump Term
¶ Anti-Abortion Groups Planned Administrative Actions That Did Not Need Congressional Approval To Restrict Access To Abortion
Anti-Abortion Groups Formed Plans To Restrict Abortion Access That Did Not Need Congressional Approval If Trump Became President. According to Politico, “In emerging plans that involve everything from the EPA to the Federal Trade Commission to the Postal Service, nearly 100 anti-abortion and conservative groups are mapping out ways the next president can use the sprawling federal bureaucracy to curb abortion access. Many of the policies they advocate are ones Trump implemented in his first term and President Joe Biden rescinded — rules that would have a far greater impact in a post-Roe landscape. Other items on the wish list are new, ranging from efforts to undo state and federal programs promoting access to abortion to a de facto national ban. But all have one thing in common: They don’t require congressional approval. ‘The conversations we’re having with the presidential candidates and their campaigns have been very clear: We expect them to act swiftly,’ Kristan Hawkins, the president of Students for Life, told POLITICO. ‘Due to not having 60 votes in the Senate and not having a firm pro-life majority in the House, I think administrative action is where we’re going to see the most action after 2024 if President Trump or another pro-life president is elected.’” [Politico, 1/29/24]
The Presidential Transition Project Drafted Executive Orders To Roll Back Biden Policies That Expanded Abortion Access. According to Politico, “The Heritage Foundation’s 2025 Presidential Transition Project — a coalition that includes Students for Life, Susan B. Anthony Pro-Life America and other anti-abortion organizations — is drafting executive orders to roll back Biden-era policies that have expanded abortion access, such as making abortions available in some circumstances at VA hospitals. They are also collecting resumes from conservative activists interested in becoming political appointees or career civil servants and training them to use overlooked levers of agency power to curb abortion access. ‘We’re trying to do as much, now, of the future president’s work that we can,’ Spencer Chretien, a former special assistant to Trump who now runs Project 2025, recently told a packed room at Students for Life’s annual DC conference. ‘We need our people, our pro-life conservative people across America, to get fired up and to know that help is on the way and that they have something to look forward to.’” [Politico, 1/29/24]
When The Trump Administration Restricted Clinics That Received Title X Funds From Counseling Patients About Abortion, A Quarter Of Providers Quit The Network And Six States Were Left Without A Title X Provider. According to Politico, “The Title X family planning program provides free and subsidized contraception, STD screenings, prenatal care and other services to millions of low-income people around the country. The Trump administration, in 2019, barred clinics that receive Title X funds from counseling patients about abortion or providing a referral for one, and required clinics that provided both abortion and family planning to construct physically separate facilities and maintain separate staff and finances. Approximately one-quarter of Title X providers quit the network in protest of the rules, leaving the program with 1,000 fewer sites and 22 percent fewer patients served, according to HHS. Six states lost all Title X providers, while another six lost the vast majority, which the agency estimated led to as many as 181,477 unintended pregnancies.” [Politico, 1/29/24]
¶ Anti-Abortion Groups Wanted Government Agencies To Rescind Policies That Expanded Access To Abortion
Anti-Abortion Groups Planned To Rescind Policies That Expanded Access To Abortion Pills And Surgical Abortions. According to Politico, “Anti-abortion activists are also preparing for a future Trump administration to rescind all the policies Biden enacted that expanded access to both abortion pills and surgical abortions — including funding for military members who must travel across state lines for an abortion, the provision of abortions at VA clinics, the expansion of HIPAA privacy rules to cover abortions, and the availability of abortion pills by mail and at retail pharmacies. ‘We need to undo all of those,’ said Roger Severino, the Heritage Foundation’s vice president of domestic policy who drafted part of the Project 2025 playbook. Speaking at the Students for Life conference, he added the group is ‘working on those sorts of executive orders and regulations’ that will roll back Biden policies and ‘institutionalize the post-Dobbs environment.’” [Politico, 1/29/24]
Anti-Abortion Groups Wanted Either The FDA To Impose A Requirement That Abortion Pills Could Only Be Dispensed By A Doctor In-Person, Or Strip Approval For Abortion Pills Altogether. According to Politico, “Susan B. Anthony, an anti-abortion group spending tens of millions of dollars to elect conservative candidates this fall, wants the FDA to reimpose the requirement — lifted by the Biden administration — that abortion pills only be dispensed in-person by a doctor, and investigate non-fatal complications reported by patients who take the drugs. Others want the agency to go further and strip the two-decade-old approval of the pill, banning its sale nationwide.” [Politico, 1/29/24]
¶ Anti-Abortion Groups Wanted Criminal Prosecutions For Abortion Providers
Anti-Abortion Groups Wanted The Federal Trade Commission To Prosecute Virtual Clinics That Prescribed Abortion Pills In States Where They Were Banned. According to Politico, “They also want the Federal Trade Commission to penalize and prosecute virtual clinics that prescribe abortion pills to people in states where they are banned.” [Politico, 1/29/24]
Anti-Abortion Groups Prepared For A Second Trump Administration To Interpret The Comstock Act To Ban Mail Delivery Of Abortion Pills And Allow For Criminal Prosecution. A second Trump administration could make swifter and more sweeping changes by issuing guidance and interpretations of existing laws. The Comstock Act, passed in the 1870s and named for an official who campaigned against everything from masturbation to women’s suffrage, bans mail delivery of any ‘lewd or lascivious material,’ including any ‘instrument, substance, drug, medicine, or thing’ that could be used for an abortion. The law remains on the books, though its scope has been narrowed by Congress and the courts — for example, it no longer can be used to stop mail delivery of contraception. Project 2025 is preparing for Trump to bring it back into force, cutting off access not only to the pills used in the majority of abortions but also to medical equipment used for abortions and other procedures, and allowing criminal prosecutions of both providers sending the drugs and patients receiving them. ‘We believe the Comstock Act should be followed and abortion pills should not be sent through the mail — certainly that should be enforced,’ Carol Tobias, the president of the National Right to Life Committee told POLITICO.” [Politico, 1/29/24]
¶ Kansans For Life Endorsed Trump In The 2024 Campaign
Trump Was Endorsed By Kansans For Life. According to LifeNews, “The statewide pro-life group in Kansas has issued an endorsement for Donald Trump as he takes on ardent abortion activist Joe Biden. In an email to LifeNews, Kansans for Life explained that Trump compiled a pro-life record as president, while Biden has been a radical abortion supporter pushing abortions at every turn. ‘Kansans for Life Political Action Committee (KFL PAC) is pleased to announce its endorsement of former President Donald J. Trump for President of the United States,’ KFL PAC told LifeNews.” [LifeNews, 3/18/24]
¶ Trump Previously Supported Abortion Rights, But Flipped When He Ran For President
¶ Prior To Running For President, Trump Was Pro-Abortion Rights
October 24, 1999: Trump Claimed He Was Pro-Abortion Rights But Hated “The Concept Of Abortion.” According to ABC News, “October 24, 1999: Pro-Choice But ‘Hates It’ During an interview with Tim Russert on ‘Meet the Press,’ Trump shared his thoughts on a number of social issues, including abortion. He declared that he was ‘very pro-choice,’ but went on to decry the idea of the procedure. ‘I hate the concept of abortion. I hate it. I hate everything it stands for, I cringe when I listen to people debating the subject, but still I just believe in choice,’ he said in the televised interview.” [ABC News, 3/31/16]
¶ When Trump Toyed With The Idea Of Running For President, He Flipped From Supporting Abortion Rights To Embracing Anti-Abortion Beliefs
¶ When He Considered Running For President, Trump Declared That He Was Against Abortion Rights
May 3, 2011: When Trump First Toyed With Idea Of Running For President, He Claimed That He Was “Pro-Life.” According to ABC News, “When Trump was toying with the idea of running for president in 2011, he told The Times that he was pro-life. ‘There are certain things that I don't think can ever be negotiated. Let me put it this way: I am pro life, and pro-life people will find out that I will be very loyal to them, just as I am loyal to other people. I would be appointing judges that feel the way I feel,’ he told the paper in May 2011.” [ABC News, 3/31/16]
¶ During The 2016 Presidential Campaign, Trump Restated That He Was Against Abortion Rights
August 6, 2015: Trump: “I Am Very, Very Proud To Say That I Am Pro-Life.” According to ABC News, “When he finally decided to take the plunge and run for the presidency this upcoming term, Trump explained that he had had a change of heart, coming out strongly as pro-life and giving a specific explanation. During the first debate, Trump was asked about his comments from 1999 and said that ‘since then, I’ve very much evolved’ […] ‘I am very, very proud to say that I am pro-life,’ he added. Trump has repeated this personal story and reiterated his pro-life stance many times over the course of his campaign.” [ABC News, 3/31/16]
¶ Trump Struggled To Say He Was Against Abortion Rights
Trump Said He Was “Pro-Choice,” Then When Asked For Clarity Said, “I’m Pro-Life. I’m Sorry.” According to a CNN Transcript of remarks by Donald Trump, “TAPPER: Let me ask you about a few social issues because they haven’t been issues you have been talking about for several years. I know you’re opposed to abortion. TRUMP: Right. I’m Pro-Choice. TAPPER: You’re pro-choice or pro-life? TRUMP: I’m pro-life. I’m sorry.” [CNN – Trump Remarks, 6/28/15]
¶ On The Campaign Trail, Trump Claimed That People Who Seek Abortions Should Be Subject To “Some Form Of Punishment”
¶ 2016: Trump Said People Who Sought Abortions Should Be Punished
March 30, 2016: As A Republican Candidate For President, Trump Claimed That People Who Seek Abortions Should Be Subject To “Some Sort Of Punishment.” According to the New York Times, “Donald J. Trump said on Wednesday that women who seek abortions should be subject to ‘some form of punishment’ if the procedure is banned in the United States, further elevating Republican concerns that his explosive remarks about women could doom the party in the fall. […] The statement came as Mr. Trump appeared at a town-hall-style forum with Chris Matthews of MSNBC, recorded for broadcast on Wednesday night. Mr. Matthews pressed Mr. Trump, who once supported abortion rights, on his calls to ban the procedure, asking how he might enforce such a restriction. ‘You go back to a position like they had where they would perhaps go to illegal places,’ Mr. Trump said, after initially deflecting questions. ‘But you have to ban it.’ He added, after a bit more prodding, ‘There has to be some form of punishment.’” [New York Times, 3/31/16]
¶ 2016: Fellow Republican Candidates Criticized Trump
Republican Governor John Kasich: “Of Course Women Shouldn’t Be Punished.” According to the New York Times, “Mr. Trump’s Republican rivals moved quickly to distance themselves from his initial comments as well. Gov. John Kasich of Ohio said, ‘Of course women shouldn’t be punished.’ ‘I don’t think that’s an appropriate response,’ he told MSNBC. ‘It’s a difficult enough situation.’” [New York Times, 3/31/16]
Republican Senator Ted Cruz: “Of Course We Shouldn’t Be Talking About Punishing Women.” According to the New York Times, “The campaign of Senator Ted Cruz of Texas said attention should be focused on providers of abortion, not the women who receive them. ‘Once again, Donald Trump has demonstrated that he hasn’t seriously thought through the issues, and he’ll say anything just to get attention,’ Mr. Cruz said in a statement, adding, ‘Of course we shouldn’t be talking about punishing women; we should affirm their dignity and the incredible gift they have to bring life into the world.’” [New York Times, 3/31/16]
¶ 2016: Trump Refused To Say Whether He Had Ever Been Involved With Anyone Who Had An Abortion
When Asked If Trump Was “Ever Involved With Anyone Who Had An Abortion?” Trump Said, “Such An Interesting Question. […] So What’s Your Next Question?” According to the New York Times, “In an MSNBC interview with Chris Matthews, the formerly pro-choice Trump somehow managed to end up to the right of the National Right to Life Committee when he said that for women, but not men, “there has to be some form of punishment” if a President Trump makes abortion illegal. Trump quickly recanted and even told CBS’s John Dickerson that “the laws are set. And I think we have to leave it that way.” “This was not real life,” he told me. “This was a hypothetical, so I thought of it in terms of a hypothetical. So that’s where that answer came from, hypothetically.” Given his draconian comment, sending women back to back alleys, I had to ask: When he was a swinging bachelor in Manhattan, was he ever involved with anyone who had an abortion? “Such an interesting question,” he said. “So what’s your next question?” [New York Times, 4/3/16]
¶ Trump Nominated Hyper-Partisan Judges That Were Responsible For Legal Decisions That Could Limit Abortion Access
¶ Trump Reshaped The Federal Judiciary With Anti-Abortion Extremists
¶ The Senate Confirmed 234 Judges Nominated By Trump, Making Up Over 25% Of The Federal Judiciary
Trump Administration And Senate Confirmed 234 Judges Including Three Supreme Court Justices, 54 Circuit Court Judges. According to the American Constitution Society, “January 14, 2021 With less than a week until Inauguration Day, the current president’s second impeachment for the Senate to address, and news reports that the Senate is not going to come back in session until January 19, it’s highly unlikely this administration will be able to confirm any more judicial nominees. In total, this outgoing administration and the Republican-led Senate confirmed 234 Article III judges, including three new Supreme Court justices and 54 circuit court judges.” [American Constitution Society, 1/14/21]
- Trump Appointed Over A Quarter Of The Federal Judiciary. According to a column by Max Boot for the Washington Post, “President Trump does not have many achievements to boast of — at least not honestly. One of the few is the number of federal judges he has appointed. The Senate has confirmed 227 judges chosen by Trump, including three Supreme Court justices. That’s more than a quarter of the entire federal judiciary, and because of their relative youth, Trump’s appointees will be shaping the law for decades to come.” [Washington Post Column, 12/2/20]
¶ Trump’s Judicial Nominees Were Overwhelmingly White And Male
Trump Confirmed Judges Were 76% Men And 84% White. According to the American Constitution Society, “One constant among these new judges is a stunning lack of diversity. Of the 234 new judges, 178 (76%) are men and 197 (84%) are white. This is a reversal from the Obama administration, which emphasized nominating diverse candidate to the federal bench. As a result, the federal courts have gotten whiter and more male over the past four years. [American Constitution Society, 1/14/21]
¶ Many Of Trump’s Federal Court Appointees Opposed Abortion Rights
Trump Nominated Judges That Were Hostile To Abortion Rights. According to BuzzFeed News, “But the Supreme Court’s refusal to intervene was the last in a series of legal dominos that had to fall for the Texas law, SB 8, to go into effect. How the fight unfolded before it reached the justices showed the lasting reverberations of a successful push by Trump, Senate Republicans, and the conservative legal movement to reshape the federal judiciary. Federal appeals judges confirmed to lifetime appointments since 2016 — including two members of the three-judge panel that teed up the SB 8 legal fight for the Supreme Court — have staked out anti-abortion stances and sided with states trying to restrict access to the procedure.” [BuzzFeed News, 9/12/21]
¶ Trump Appointees Shifted Courts To The Right, Posing Threats To Rulings Regarding Access To Abortion
¶ Four Trump Appointees On The 5th Circuit Pushed The Court To The Right
¶ The Fifth Circuit Decided In Favor Of Texas’ Six-Week Abortion Ban
Trump Nominated Six Of 17 Active Judges On The 5th Circuit With A Total Of 12 Judges Confirmed Under Republican Presidents. According to Buzzfeed News, “The 5th Circuit, which covers Texas, Louisiana, and Mississippi, had a conservative reputation before Trump took office. Trump bolstered the bench, nominating six of the 17 active judges; the court has 12 judges confirmed under Republican presidents. Those new members included Judges Stuart Kyle Duncan and Kurt Engelhardt, who were part of the three-judge panel that entered the order that allowed SB 8 to take effect.” [Buzzfeed News, 9/12/21]
September 2021: The Supreme Court Allowed Texas’ Six-Week Abortion Ban To Stand By Refusing To Intervene. According to BuzzFeed News, “When the Supreme Court allowed Texas’s 6-week abortion ban to take effect on Sept. 1 — with three of Trump’s nominees in the five-justice majority — it was widely seen as the latest example of that bargain paying off for anti-abortion advocates. But the Supreme Court’s refusal to intervene was the last in a series of legal dominos that had to fall for the Texas law, SB 8, to go into effect. How the fight unfolded before it reached the justices showed the lasting reverberations of a successful push by Trump, Senate Republicans, and the conservative legal movement to reshape the federal judiciary. Federal appeals judges confirmed to lifetime appointments since 2016 — including two members of the three-judge panel that teed up the SB 8 legal fight for the Supreme Court — have staked out anti-abortion stances and sided with states trying to restrict access to the procedure.” [BuzzFeed News, 9/12/21]
April 2022: Fifth Circuit Court Of Appeals Ended Challenge To Texas’ Six-Week Abortion Ban, SB8. According to the Dallas Morning News, “As expected, the 5th U.S. Circuit Court of Appeals on Tuesday formally ended a legal challenge against Senate Bill 8, Texas’ six-week abortion ban enacted on Sept. 1, which is considered the most restrictive abortion law since Roe vs. Wade was decided in 1973. The federal challenge is remanded to the district court with instructions to dismiss all challenges to the law’s private enforcement provisions.” [Dallas Morning News, 4/26/22]
¶ Four Trump Appointees Voted To Deny Consideration Of A Law Restricting Abortion In Louisiana; SCOTUS Later Struck Down The Law
2019: Four Trump Appointees Joined A Majority In A Case In The 5th Circuit That Declined To Consider A Ruling That Upheld A Louisiana Law That Restricted Doctors Who Perform Abortions. According to Reuters, “On abortion, four Trump-appointed judges were in the majority in 2019 when the New Orleans-based 5th Circuit declined to reconsider a ruling that upheld a Republican-backed Louisiana law that placed restrictions on doctors who perform abortions.” [Reuters, 1/15/21]
2020: The Supreme Court Struck Down The Law. According to Reuters, “On abortion, four Trump-appointed judges were in the majority in 2019 when the New Orleans-based 5th Circuit declined to reconsider a ruling that upheld a Republican-backed Louisiana law that placed restrictions on doctors who perform abortions. The Supreme Court in a 5-4 ruling last June struck down the law.” [Reuters, 1/15/21]
¶ The 9th Circuit Court Of Appeals Received More Conservative Appointees Shifting The Court Further To The Right
The Senate Confirmed Conservatives Lawrence VanDyke To The 9th U.S. Circuit Court Of Appeals. According to Politico, “A bastion of liberalism in the federal judiciary is slowly turning rightward, threatening Democratic court challenges on everything from abortion to who gets a green card. The Senate confirmation of Lawrence VanDyke and Patrick Bumatay to the 9th U.S. Circuit Court of Appeals this month brought to nine the number of appointments President Donald Trump has made to the 29-member bench that serves as the last stop for nearly all legal complaints lodged in nine Western states. Democratic-appointed judges now hold a three-seat majority, compared with 11 at the start of Trump's presidency.” [Politico, 12/19/19]
As Montana’s Solicitor General, VanDyke Supported An Unconstitutional Abortion Ban And Sought To Place Substantial Obstacles In The Way Of Access To Abortion. According to NARAL, “As Montana solicitor general, VanDyke co-wrote an amicus brief in support of Arizona’s unconstitutional abortion ban. The brief argued that Roe v. Wade and subsequent cases affirming the constitutional right to abortion should be ‘revisited.’ Despite the fact that the law banned abortion after 20-weeks, the brief argued that the law ‘has neither the purpose nor the effect of imposing a substantial obstacle on the abortion right established by [the U.S. Supreme Court’s] cases, and so cannot be considered an ‘undue burden.’’ As Montana solicitor general, VanDyke defended a law that sought to place substantial obstacles in the way of young women’s access to abortion. In the briefs, VanDyke was dismissive of a federal district court’s finding that young people who do not involve their parents in their decision to have an abortion ‘often have a legitimate reason for not doing so.’ VanDyke’s arguments also relied on misleading and discredited studies about the psychological risks of abortion.” [NARAL, 11/04/19]
¶ The 9th Circuit Court Of Appeals Had Ruled In Favor Of Trump Administration Rules Involving Abortions
The 9th Circuit Court Of Appeals Ruled In Favor Of Trump Administration Title X Gag Rule. According to ABC News, “In a victory for the Trump administration, a U.S. appeals court on Monday upheld rules that bar taxpayer-funded family-planning clinics from referring women for abortions. The 7-4 ruling by the 9th U.S. Circuit Court of Appeals overturned decisions issued by judges in Washington, Oregon and California. The court had already allowed the administration's changes to start taking effect while the government appealed those rulings. The changes ban taxpayer-funded clinics in the Title X program for low-income women from making abortion referrals, a restriction opponents characterize as a ‘gag rule.’ Beginning March 4, the rules will also prohibit clinics that receive federal money from sharing office space with abortion providers, which critics said would force many Title X providers to find new locations, undergo expensive remodels or shut down — further reducing access to the program.” [ABC News, 2/24/20]
Two Trump Appointed Judges Joined The Opinion In Favor Of The Trump Administration
Two Trump Appointed Judges Joined The Opinion In Favor Of The Trump Administration. According to Bloomberg Law, “The Trump Administration will be allowed to restrict what taxpayer-funded family planning clinics can tell clients about abortion, the Ninth Circuit said Monday. The appeals court vacated orders entered by federal courts in California, Oregon, and Washington blocking the rule’s enforcement, saying its challengers ‘will not succeed’ on the merits […] Judge Sandra S. Ikuta wrote the opinion, which was joined by Judges Edward Leavy, Jay S. Bybee, Consuelo M. Callahan, Milan D. Smith Jr., Eric D. Miller, and Kenneth K. Lee.” [Bloomberg Law, 2/24/20]
- Trump Appointed Eric Miller To Be United States Circuit Judge For The Ninth Circuit. According to the White House, “Today President Donald J. Trump announced his intent to nominate the following judicial nominees […] Eric D. Miller, of Washington, to be United States Circuit Judge for the Ninth Circuit.” [White House, 1/22/19]
- Trump Appointed Kenneth Lee To Be United States Circuit Judge For The Ninth Circuit. According to the White House, “Today, President Donald J. Trump announced his intent to nominate the following judicial nominees […] Kenneth Kiyul Lee of California, to serve as a Circuit Judge on the U.S. Court of Appeals for the Ninth Circuit. “ [White House, 1/30/19]
¶ Trump Appointee With History Of Anti-Choice Rhetoric Pushed New York’s 2nd Circuit Appeals Court To The Right
Trump Conservative Nominee Steven Menashi’s Confirmation Pushed New York’s 2nd Circuit Appeals Court To The Right. According to Bloomberg Law, “White House lawyer Steven Menashi was confirmed Nov. 14 to the New York-based U.S. Court of Appeals for the Second Circuit, giving that court a majority of judges appointed by Republican presidents […] Democrats sharply criticized his past writings on race, especially, although he said he rejects discrimination […] Menashi’s confirmation, coupled with that of William Nardini on Nov. 7, tips the Second Circuit to a majority of Republican-appointed judges. That court is centered in the nation’s financial capital and could wind up addressing more disputes around Trump controversies. On the same day Menashi was confirmed, Trump challenged a Second Circuit decision over access to his tax records at the U.S. Supreme Court. With Menashi, Republicans have now appointed seven of the court’s 13 members. Trump has seated five, while George W. Bush appointed two. Bill Clinton and Barack Obama each named three judges to the Second Circuit.” [Bloomberg Law, 11/14/19]
Menashi Had A Background Of Anti-Choice Rhetoric. According to NARAL, “Menashi submitted an amicus brief on behalf of former U.S. Department of Justice officials in Zubik v. Burwell arguing that the Affordable Care Act’s contraceptive coverage policy forced certain religious groups into ‘moral complicity’ with the use of contraception, despite an accommodation put in place for such groups by the Obama administration. Menashi compared such groups’ ‘moral complicity’ in the use of contraception to providing weapons to help someone commit a crime. As editor-in-chief of the Dartmouth Review, Menashi wrote several anti-choice articles and editorials. Menashi vocally opposed Dartmouth College’s decision to make emergency contraception, Plan B, available to students through campus health services. [NARAL, Accessed, 3/23/20]
¶ Trump Nominee With Anti-Choice Record Created A Conservative Majority On The 3rd Circuit
The Senate Confirmation Of Judge Peter Phipps Flipped The Makeup Of The 3rd Circuit Court Of Appeals, Creating A Conservative Majority. According to Court House News, “The Senate on Tuesday confirmed a Pennsylvania federal judge to a seat on the Third Circuit over opposition from the state’s Democratic senator, giving the Philadelphia-based appeals court a conservative majority […] Trump then tapped Phipps for a promotion in May, nominating him to a position on the Third Circuit. Phipps’ confirmation with a 56-40 vote on Tuesday afternoon flips the makeup of the Third Circuit, giving the appeals court that hears cases from Delaware, New Jersey and Pennsylvania eight judges appointed by Republicans and six appointed by Democrats.” [Court House News, 7/16/19]
Phipps Had A Record Of Being Hostile To Reproductive Freedoms. According to NARAL, “Phipps has repeatedly defended a government policy that allows organizations that receive federal money to care for undocumented young people and victims of human trafficking to refuse to provide them with reproductive healthcare including contraception and abortion […] Phipps received a Distinguished Service Award from the U.S. Attorney General for his ‘untiring effort’ in defending the so-called ‘Partial-Birth Abortion Act’ of 2003. He was specifically involved in the government’s attempts to subpoena private medical records from Planned Parenthood affiliates across the country in an effort to defend the law, which bans a safe abortion procedure.” [NARAL, Accessed, 3/23/20]
¶ Trump Pledged To Vote Against A Florida Amendment To Protect Voting Rights, Leaving The State’s Six-Week Abortion Ban In Place
¶ Trump Said He Would Vote Against A Florida Amendment To Protect Abortion Rights
Trump Said He Would Vote Against A Ballot Measure To Protect Voting Rights In Florida. According to MSNBC, “Donald Trump said on Friday he will vote against Florida's abortion rights ballot amendment after all, as he tries to stem the backlash from anti-abortion Republicans for having suggested earlier that he might support the measure in November. Trump said that he opposes Florida's Amendment 4, which, if passed, will enshrine abortion rights in the state constitution. His comments appear to be an attempt to manage the fallout from his interview with NBC News a day earlier, when he signaled an openness to supporting the ballot amendment.” [MSNBC, 9/2/24]
¶ By Voting Against THe Amendment, Trump Would Support Leaving The STate’s Six-Week Abortion Ban IN Place
The Amendment Would Have Overturned The State’s Six-Week Abortion Ban. According to CBS News, “Former President Donald Trump on Friday said he'll vote to uphold Florida's controversial six-week abortion ban a day after he angered abortion opponents by criticizing the law. […] Florida banned abortion after six weeks of pregnancy, with some exceptions, after the Supreme Court reversed Roe v. Wade. A proposed constitutional amendment on the ballot in the state, where Trump is a resident, would effectively undo the ban.” [CBS News, 8/30/24]
¶ Trump Appointed People Hostile To Reproductive Rights To High-Profile Administration Positions
¶ Pence Opposed Abortion Rights And Roe v. Wade
¶ Pence Called To Send Roe v. Wade “Into The Ash Heap Of History, Where It Belongs”
VIDEO: Pence Pledged To Send Roe v. Wade “Into The Ash Heap of History, Where It Belongs.” According to Pence’s speech to the Family Research Council Action Committee via YouTube, “PENCE: I want to live to see the day where we put the sanctity of life back at the center of American law, and we send Roe versus Wade into the ash heap of history, where it belongs.” [Pence’s speech via YouTube, 9/10/16]
¶ As Governor, Pence Signed Legislation That Restricted Abortion Rights
As Governor Of Indiana, Pence Signed A Law That Mandated Funerals For Fetuses. According to Vox, “But Pence signed one anti-abortion bill in March of this year that was so extreme, even some pro-life Republicans opposed it. And it was eventually blocked from going into effect by a federal judge for violating women’s right to choose. The law did something truly bizarre. It would have basically forced women to seek funerary services for a fetus — whether she’d had an abortion or a miscarriage, and no matter how far along the pregnancy was. The law Pence backed would have required all fetal tissue to be cremated or buried, an unprecedented measure in state law. The law also banned abortion if the fetus had a ‘disability’ — which would have denied women the right to end a pregnancy even in case of serious fetal anomalies.” [Vox, 7/14/16]
¶ Jared Kushner And Ivanka Trump Attempted To Bribe Planned Parenthood To Stop Abortion Care
January 2017: Jared And Ivanka Reached Met With Cecile Richards And Offered An Increase In Federal Funding In Exchange For Stopping Abortions, Which Richards Called A “Bribe.” According to CNBC, “Planned Parenthood President Cecile Richards wrote in her new memoir that Jared Kushner and Ivanka Trump offered her a deal that she said felt like a ‘bribe’ to stop providing abortions, according to People magazine. Richards, who is stepping down from her post this year, wrote in ‘Make Trouble: Standing Up, Speaking Out, and Finding the Courage to Lead’ that she met with President Donald Trump’s daughter and son-in-law in January 2017. She said the White House power couple, who are now senior administration aides, offered an increase in Planned Parenthood’s federal funding if the organization stopped providing abortions.” [CNBC, 4/4/18]
Days Before The 2020 Election, Ivanka Trump Said She Was Unapologetically Pro-Life. According to Real Clear Politics, “One area where Ivanka has undeniably changed: abortion, an issue that helped deliver the evangelical vote for the president in the last election. Social conservatives saw the New York feminist as a question mark. Did she share her father’s view? She had danced around the issue, declining to take a public position, and a secret meeting with then-Planned Parenthood President Cecile Richards in 2017 only heightened fears that Ivanka may have swayed the president away from a campaign promise. ‘I respect all sides of a very personal and sensitive discussion,’ Ivanka said when asked about the contentious issue, ‘but I am also a mother of three children, and parenthood affected me in a profound way in terms of how I think about these things.’ She continued, for the first time ever saying, ‘I am pro-life, and unapologetically so.’ [Real Clear Politics, 10/29/20]
¶ Attorney General Bill Barr Opposed Abortion Rights
¶ Barr Said Abortion Was A Sign Of Moral Collapse
Barr: Legalized Abortion Was Among The Most Obvious Signs Of Pervasive Moral Collapse. According to the Associated Press, “For example, Barr said legalized abortion and the deterioration of the traditional family are among the most obvious signs of pervasive moral collapse. "Let's look at the fruits" of what he called at least 25 years of "fanatic secularism." ‘Soaring juvenile crime, widespread drug addiction, skyrocketing rates of venereal disease, 1.5 million children aborted each year,’ he said.” [Associated Press, 10/6/92]
¶ Barr Said He Disagreed With Roe v. Wade
Barr Said Roe v. Wade Was Not Based On The Constitution. According to a transcript of an interview Barr conducted with CNN, “NOVAK: On this program in 1989, your predecessor as attorney general, Dick Thornburgh, did something that kind of surprised us. He made a flat prediction that the Supreme Court would overturn Roe v. Wade sooner or later. Can you make a prediction now that it's very unlikely in the foreseeable future that that's going to happen? Atty. Gen. BARR: On the contrary, I think that Roe v. Wade will ultimately be overturned. I think it'll fall of its own weight. It does not have any constitutional underpinnings. And I think it's significant that the three so-called moderate justices who were responsible for keeping it intact for now-NOVAK: Justice Kennedy, Justice Souter, and Justice O'Connor? Atty. Gen. BARR: Right. They did not so much defend the earlier opinion, Roe v. Wade, on the merits, on its constitutionality, but on the doctrine of stare decisis, and that is a reluctance to overturn prior precedent. They're-NOVAK: And you think that's a bogus way to decide a case? Atty. Gen. BARR: Well, I think they were wrong to do it. Yes, I think they should have stuck with the Constitution. But only two justices on the Supreme Court are willing to defend the logic of Roe v. Wade.” [Evans & Novak – CNN, 7/4/92]
¶ Barr Opposed Legislation To Protect Abortion Rights As Attorney General Under Then-President George H.W. Bush
As Attorney General, Barr Criticized The “Freedom Of Choice Act,” A Bill In Congress That Would Have Forbidden States From Placing Restrictions On Most Abortions. According to the Washington Post, “Attorney General William P. Barr said a bill that would forbid states to impose restrictions on most abortions goes far beyond the standard set in Roe v. Wade and he questioned Congress's authority to enact such a change. Barr's attack on the Freedom of Choice Act in a letter released yesterday reflects the increased attention to the bill this year from both foes and supporters. President Bush, who has repeatedly promised to veto any measure that expands access to abortion, yesterday told a religious group in Chicago that the bill ‘is not right’ and ‘will not become law as long as I am president.’ […] In a letter to Rep. Henry J. Hyde (R-Ill.), a staunch opponent of abortion, Barr said, ‘This legislation would impose on all 50 states an unprecedented regime of abortion on demand going well beyond the requirements of Roe v. Wade.’ The exact scope of the bill is a matter of debate. Both Barr and the American Civil Liberties Union, which opposes abortion restrictions, agree that the Freedom of Choice Act would probably prohibit state laws requiring parental notification or consent before minors obtain abortions. A number of states have adopted such restrictions.” [Washington Post, 3/4/92]
¶ Secretary Of State Mike Pompeo Opposed Abortion Rights
¶ As Secretary Of State, Pompeo Enforced The Expanded Global Gag Rule
Pompeo Moved Forward With Actions To Refuse To Provide Assistance To Foreign NGO Who Give Financial Support To Other Groups In The Global Abortion Industry. According to New York Magazine, “The Trump administration’s opposition to legal abortion just became more aggressive. Reuters reported on Tuesday that the U.S. will expand its ‘global gag rule,’ which prevents the aid groups it funds from performing abortions and even advertising the abortion services of other organizations. ‘We will refuse to provide assistance to foreign NGOs that give financial support to other foreign groups in the global abortion industry,’ Secretary of State Mike Pompeo said. Pompeo also said he would ‘enforce federal law forbidding the use of U.S. funding, including foreign assistance, to lobby for or against abortion,’ Reuters added.” [New York Magazine, 3/26/19]
¶ As A U.S. Representative, Pompeo Was Vehemently Anti-Abortion
October 2012: U.S. Rep. Pompeo Stated That Even In Cases Of Rape Or Incest, Abortions Should Not Be Permitted. According to the Topeka Capital-Journal, “U.S. Rep. Mike Pompeo said he believes abortions should be allowed only when necessary to save the life of the mother, while his Democratic challenger Robert Tillman vows to back abortion rights. Pompeo, who was swept into office in the November 2010 conservative tide that took the House, told The Associated Press that he wouldn’t support any other exception that would permit abortions, even in cases where the mother had been raped. ‘I believe that that child — however conceived — is a life and I want very much for that life to continue to exist,’ Pompeo said. The conservative Republican said that he voted while in Congress to defund Planned Parenthood, which he called the ‘largest commercial provider of abortions in the United States.’ Even though no federal money goes to fund abortions, Pompeo contended that the clinics use those federal resources to help pay for their facilities.” [Topeka Capital-Journal, 10/24/12]
¶ HHS Secretary Alex Azar Opposed Abortion Rights
¶ Azar Defended The HHS’ Stated Mission That Endorsed Fetal Personhood
During His Confirmation, Health And Human Services Secretary Azar Endorsed A Controversial Change In HHS’ Stated Mission That Endorsed Fetal Personhood. According to Talking Points Memo, “As a former general counsel for HHS and an executive of the pharmaceutical behemoth Eli Lily, Azar has little on his record concerning reproductive rights and women’s health policy. But his written responses to questions from senators ahead of his confirmation, obtained by TPM, shed some light on his conservative views. Sen. Patty Murray (D-WA) asked Azar to comment on the strategic plan HHS released in October that endorsed so-called fetal personhood, asserting that it was an ‘unconstitutional definition of persons as beginning at conception, which has no basis in science.’ Azar responded by endorsing the controversial change in HHS’ stated mission. ‘The mission of HHS is to enhance the health and well-being of all Americans, and this includes the unborn,’ he wrote.” [Talking Points Memo, 1/24/18]
¶ Azar Supported A Trump-Era Rule Allowing Companies To Refuse To Include Contraception In Their Employee Insurance Plans
Azar Supported An Administration Rule Allowing For-Profit, Non-Religious Companies And Organizations To Refuse To Include Contraception In Their Employee Insurance Plans. According to Talking Points Memo, “Murray, the top Democrat on the Senate Health, Labor, Education and Pensions committee, then asked Azar for his thoughts on the Trump administration’s recent rule—blocked for now by a federal court—that would allow for-profit, non-religious companies and organizations to refuse to include contraception in their employees’ health insurance plans. Again, Azar gave a brief answer indicating his support for the department’s move. ‘It is critical that we balance individuals’ access to healthcare with the protection of conscience of those with contrary moral or religious beliefs,’ he said.” [Talking Points Memo, 1/24/18]
¶ Under Trump, HHS Was Run By Numerous Anti-Choice Political Appointees
Scott Lloyd, Director Of The Office Of Refugee Resettlement, Sought To Deny Abortions To Unaccompanied Migrant Minors In ORR’s Custody. According to the New York Times, “Scott Lloyd’s unadorned job title betrays little hint of the power he has over the pregnant teenagers in his custody. As director of the Office of Refugee Resettlement, he oversees the assistance program for the tens of thousands of refugees who still seek shelter in the United States, even with the Trump administration’s crackdown. But as the government official who is also responsible for the care of young, undocumented immigrants who enter the United States without their parents, he spends much of his time trying to stop those who want an abortion. He has instructed his staff to give him a spreadsheet each week that tells him about any unaccompanied minors who have asked for one and how far along they are in their pregnancy. In at least one case he directed staff to read to one girl a description of what happens during an abortion. And when there’s a need for counseling, Mr. Lloyd’s office calls on someone from its list of preferred “life affirming” pregnancy resource centers.” [New York Times, 4/5/18]
- Lloyd Was An Appointee of Trump’s Who Led The Office Within HHS. According to the New York Times, “How Mr. Lloyd, an appointee of President Trump, turned a small office in the Department of Health and Human Services that provides social services to refugees into a battleground over abortion rights is part of the larger story of the Trump administration’s push to enact rules that favor socially conservative positions on issues like abortion, contraception and gay, lesbian and transgender rights.” [New York Times, 4/5/18]
Under Trump, HHS Was Run By Numerous Anti-Choice Political Appointees. According to Talking Points Memo, “Still, some lawmakers and progressive advocates say Azar would join a cadre of political appointees already at HHS whose backgrounds in the anti-abortion movement are already having a major impact on administrative policy. Abstinence education activist Valerie Huber, for instance, was recently put in charge of Title X family planning programs. Charmaine Yoest, the former head of the anti-abortion organization Americans United for Life, is one of HHS’ top spokespeople. Craig Bowman, who worked for several years suing the Obama administration over the contraception mandate on behalf of the conservative Alliance Defending Freedom, is now HHS’ general counsel. His resume also lists as a qualification three years as a ‘full-time pro-life volunteer.’ Roger Severino, an anti-abortion attorney and alumnus of the conservative Heritage Foundation, runs the department’s Office of Civil Rights. Under these officials, HHS has moved aggressively to not only roll back the Obama administration’s policies on everything from insurance coverage of contraception to equal access to health care for transgender patients, but also to bring a conservative religious bent to the department’s work across the board.” [Talking Points Memo, 1/24/18]
¶ UN Ambassador Nikki Haley Opposed Abortion Rights
2016: As Governor, Haley Signed A Law Banning Abortions At 20 Weeks With No Exceptions For Rape Or Incest. According to CNN, “South Carolina Gov. Nikki Haley signed a bill into law on Wednesday that makes it illegal for a woman to obtain an abortion after her pregnancy reaches 20 weeks, press secretary Chaney Adams said. The law takes effect immediately. Abortions may be performed after 20 weeks only if the mother's life is in jeopardy, Adams said. The bill does not provide exceptions for rape or incest.” [CNN, 5/26/16]
¶ Trump Appointed Federal Judges WHo WEre ANti-IVF
Trump Appointed Amy Coney Barret, Who Publicly Supported An Anti-Abortion Group That Wanted To Criminalize IVF, To The Supreme Court. According to the Huffington Post, “Trump put Pitlyk on a shortlist of Supreme Court justice picks. The job went to Amy Coney Barrett, who publicly supported an anti-abortion group that believes IVF should be criminalized.” [Huffington Post, 3/15/24]
Trump Appointed Sarah Pitlyk, Who Spent Much Of Her Career Attacking Assisted Reproductive Technologies, To A Lifetime Federal Judicial Seat. According to the Huffington Post, “He also appointed a woman who spent much of her career attacking assisted reproductive technologies, such as IVF and surrogacy, to a lifetime federal judicial appointment. Sarah Pitlyk, who was deemed ‘not qualified’ by the American Bar Association, wrote in multiple rulings that states should treat embryos as humans. Trump put Pitlyk on a shortlist of Supreme Court justice picks. The job went to Amy Coney Barrett, who publicly supported an anti-abortion group that believes IVF should be criminalized.” [Huffington Post, 3/15/24]
¶ Trump Appointed Anti-IVF Advocates To His Faith Advisory Council
Trump Appointed Tim Wildmon, The President Of The American Family Association And Extreme Anti-IVF Advocate, To His Faith Advisory Council. According to the Huffington Post, “During his time as president, Trump appointed several extreme anti-IVF advocates to positions of power, including Tim Wildmon, who served on the Trump administration’s faith advisory council. Wildmon is the president of the American Family Association, an extreme anti-abortion organization that just last week opposed a Mississippi bill aimed at protecting IVF because it would open the door to ‘procedures like human cloning, designer babies, three-parent babies and even human-animal hybrids.’” [Huffington Post, 3/15/24]
¶ Trump Implemented The Title X Gag Rule, Forcing Federally Funded Family Planning Programs To Reject Government Money Or Stop Providing Information On Abortion
¶ The Trump Administration Implemented A Title X Gag Rule
July 16, 2019: The Trump Administration Began Enforcing Abortion “Gag Rule.” According to Politico, “The Trump administration's decision to immediately bar family planning funds to groups, like Planned Parenthood, that perform or refer women for abortion could force some states and organizations to abandon the federal program that pays for contraception for low-income women. The administration said it will move forward with its new family planning overhaul, which critics deride as an abortion ‘gag rule,’ as it faces ongoing legal challenges from nearly two dozen states and organizations, including Planned Parenthood, the largest single recipient of funding in the program, known as Title X.” [Politico, 7/16/19]
¶ Title X Was The Nation’s Public Family Planning Program
Title X Was The Nation’s Public Family Planning Program That Provided Birth Control Services, STI Testing, And Treatment. According to the Guttmacher Institute, “Title X is the nation’s public family planning program, serving millions of patients who seek birth control services, STI testing and treatment, and related preventive care. The program was established as part of the Public Health Service Act in 1970 with the express intent of addressing inequities in access to contraceptives and related services, helping patients advance their right to exercise power over their own reproductive decisions. For half a century, Title X has funded a long-standing and trusted network of providers throughout the country, providing these critical services to patients who are low income, uninsured, young or otherwise underserved.” [Guttmacher, 2/5/20]
¶ The Gag Rule Stated That Title X Grant Funding Cannot Go To Clinicians That Discuss Abortion With Patients-Even If Those Patients Ask
The Rule Stated That Title X Grant Funding Cannot Go To Clinicians That Discuss Abortion With Patients. According to Planned Parenthood Action, “The gag rule says Title X grants can’t go to clinicians who tell their patients how they can safely and legally access abortion (even if patients ask and even if a pregnancy threatens their health). The gag rule also takes grants away from health centers that separately provide abortion — like Planned Parenthood.” [Planned Parenthood Action, Accessed 3/19/20]
Clinics Were Barred From Referring Patients To An Abortion Provider But Required To Refer Them For Prenatal Care, Regardless Of A Patient’s Wishes. According to Politico, “Clinics will now be barred from referring patients to an abortion provider but required to refer them for prenatal care, regardless of a patient's wishes. Clinics have always been banned from using Title X money for abortions, but the Trump administration argued greater separation was needed to prevent the intermingling of funds. Now, numerous state health agencies administering Title X funds, including some that are their state's lone recipient of program dollars, must decide whether to go forward with previous suggestions that they'd withdraw from Title X if the Trump rules took effect. Millions of dollars are on the line.” [Politico, 7/16/19]
¶ Under The New Rules, Faith-Based Groups Were Eligible For Federal Funding
However, Under The Rules Faith-Based Groups That Oppose Abortion And Hormonal Birth Control Were Eligible For Federal Funding. According to Politico, “Faith-based groups that oppose abortion and hormonal birth control are also now eligible for funding under the rules. Earlier this year, the religiously affiliated clinic network Obria was awarded a three-year, $5.1 million grant in California. Although the group will only offer ‘natural’ family planning counseling such as abstinence and the rhythm method, it still must subcontract with clinics that provide other forms of contraception.” [Politico, 7/16/19]
¶ Trump’s Title X Gag Rule Left Communities With A Massive Federally Funded Family Planning Provider Gap
Planned Parenthood, Which Served More Than 40% Of U.S. Title X Patients Chose To Reject Funding Due To Restrictions, Leaving Large Parts Of The Country Without A Federally Funded Family Planning Provider. According to Politico, “Planned Parenthood, which serves more than 40 percent of the nation's Title X patients, confirmed Monday night it won't comply with the new rules. The group said Its clinics will start using their own emergency funds while it continues to fight the administration in court. Planned Parenthood, which still gets significant funding from Medicaid, has long been the only Title X funding recipient in Utah, and it covers a large portion of the population in several other states. Its exit from the program could leave parts of the country without a federally funded family planning provider.” [Politico, 7/16/19]
¶ Without Planned Parenthood Clinics Supported By Title X, Other Title X Supported Sites Would Need To Increase Capabilities
Without Planned Parenthood Clinics Supported By Title X, Other Types Of Title X-Supported Sites Would Have Had to Increase Their Contraceptive Client Caseloads By 70%. According to Guttmacher, “Without Planned Parenthood clinics supported by Title X, other types of Title X–supported sites would need to increase their contraceptive client caseloads by an average of 70%. This poses massive challenges for the rest of the safety-net family planning provider network.” [Guttmacher, 8/29/19]
Other Title X Sites Were Not Readily Able To Replace Title X – Funded Planned Parenthood Health Centers.
[Guttmacher, 8/29/19]
¶ The Trump Administration’s Domestic Gag Rule Slashed The Title X Network’s Capacity By Half
Guttmacher Institute: Trump’s Domestic “Gag Rule” Slashed The Title X National Family Planning Network’s Patient Capacity In Half, Impacting 1.6 Million Female Patients Nationwide. According to Guttmacher, “New data from the Guttmacher Institute show that the Trump administration’s domestic “gag rule” has slashed the Title X national family planning network’s patient capacity in half, jeopardizing care for 1.6 million female patients nationwide […] Based on data available for 910 of those 981 sites, we estimate that these changes reduced the network’s capacity to provide women with contraceptive services by at least 46%, translating to roughly 1.6 million patients. In other words, the impact of the gag rule on the network’s capacity is much greater than it might appear when looking at clinic numbers alone, because the gag rule intentionally targeted clinics specializing in reproductive health care services, sites that also serve the highest volume of contraceptive patients.” [Guttmacher, 2/5/20]
Trump’s Domestic Gag Rule Reduced The Title X Network’s Capacity By Nearly Half Nationwide And By Much More In Many States.
[Guttmacher, 2/5/20]
¶ Trump Reinstated And Dramatically Expanded The Global Gag Rule, Forcing Foreign NGOs To Either Reject Government Funding Or Stop Performing And Providing Information Regarding Abortion
¶ 3 Days After His Inauguration Trump Reinstated and expanded the Global Gag Rule
January 23, 2017: President Trump Reinstated And Expanded The Global Gag Rule, Renaming It “Protecting Life In Global Health Assistance.” According to the Kaiser Family Foundation, “On January 23, 2017, President Donald Trump reinstated and expanded the Mexico City Policy via presidential memorandum, renaming it ‘Protecting Life in Global Health Assistance.’ This explainer provides an overview of the policy, including its history, changes over time, and current application.” [Kaiser Family Foundation, 8/15/19]
¶ The Global Gag Rule required Foreign NGOs To certify they would not perform or promote abortion in order to receive Funding From The U.S. government
The Global Gag Rule Required Foreign NGOs To Certify They Will Not “Perform Or Actively Promote Abortion As A Method Of Family Planning” In Order To Receive U.S. Government Global Family Planning Assistance. According to the Kaiser Family Foundation, “First announced in 1984 by the Reagan administration, the policy has been rescinded and reinstated by subsequent administrations along party lines and has now been in effect for 19 of the past 34 years. The policy requires foreign non-governmental organizations (NGOs) to certify that they will not ‘perform or actively promote abortion as a method of family planning’ using funds with any source (including non-U.S. funds) as a condition for receiving U.S. government global family planning assistance and, as of Jan. 23, 2017, most other U.S. global health assistance.” [Kaiser Family Foundation, viewed 8/15/19]
¶ The Global Gag Rule Included A Majority Of U.S. Bilateral Global Health Assistance
The Global Gag Rule Included A Majority Of U.S. Bilateral Global Health Assistance, Marking A Significant Expansion Of Its Scope. According to the Kaiser Family Foundation, “The Trump administration’s application of the policy to the vast majority of U.S. bilateral global health assistance, including funding for HIV under the U.S. President’s Emergency Plan for AIDS Relief (PEPFAR), maternal and child health, malaria, nutrition, and other programs, marks a significant expansion of its scope, potentially encompassing $7.4 billion in FY 2019, to the extent that such funding is ultimately provided to foreign NGOs, directly or indirectly (family planning assistance accounted for approximately $600 million of that total).” [Kaiser Family Foundation, viewed 8/15/19]
¶ Trump Expanded The Global Gag Rule
Trump Implemented A Plan To Expand The Global Gag Rule On Abortion. According to the Kaiser Family Foundation. According to the Kaiser Family Foundation, “The Administration’s more recent extension of the policy to include any financial support (health or otherwise) provided by foreign NGOs for any purpose to other foreign NGOs that perform or actively promote abortion as a method of family planning4 is likely to encompass significant additional funding.” [Kaiser Family Foundation, viewed 8/15/19]
¶ The Rule Expanded To Ban Aid To Foreign Groups That Support Other Foreign Groups That Promote Or Provide Abortions
The Global Gag Rule Expanded To Ban Aid To Foreign Groups That Support Other Foreign Groups That Promote Or Provide Abortions. According to NBC News, “The Trump administration is expanding a ban on U.S. aid to foreign groups that promote or provide abortions to include those who support others who do, Secretary of State Mike Pompeo announced Tuesday. ‘We will enforce a strict prohibition on back-door funding schemes and end runs around our policy,’ Pompeo said. ‘American taxpayer dollars will not be used to underwrite abortions’ […] Pompeo said the ban will now extend to those foreign NGOs that provide financial support to other groups who provide abortion services or counseling.” [NBC News, 3/26/19]
The New Terms Of The Global Gag Rule Applied To $8.8. Billion In Foreign Aid. According to the Guardian, “The Trump administration on Monday significantly expanded a Reagan-era policy banning foreign aid to international healthcare providers who discuss abortion or advocate for abortion rights, in a move critics fear will jeopardize efforts to fight diseases such as malaria, HIV/Aids, and the Zika virus. The new terms of the ban will apply to $8.8bn in existing foreign aid provided by the state department, USAid, and the Department of Defense – dwarfing the $600m in programming that fell under the ban during previous administrations.” [The Guardian, 5/15/17]
¶ Critics Argued That The Broader Policy Would Significantly Cut Aid To Groups Combating Public Health Crises
Critics Argued That The Expanded Global Gag Rule Would Significantly Cut Aid To Groups Combating Public Health Crises. According to the Guardian, “Critics feared the broader policy could significantly cut aid to groups combating the types of infectious diseases that have plagued poorer countries. ‘There is no indication that the Trump administration has conducted any assessment of the impact of the expanded global gag rule,’ said Serra Sippel, the president of the Center for Health and Gender Equity. ‘For example, how will this expansion impact prevention of the spread of HIV or Zika, especially given the role of contraceptives in prevention efforts?’” [The Guardian, 5/15/17]
Human Rights Watch: The Expanded 2017 Gag Rule Triggered Reductions In Sexual And Reproductive Health Services From Well-Established Organizations. According to Human Rights Watch, “Human Rights Watch found the policy has triggered reductions in key sexual and reproductive health services from well-established organizations that cannot easily be replaced. For example, Family Health Options Kenya (FHOK) runs 16 healthcare facilities in the country. FHOK representatives told us the organization will not comply with the restrictions and therefore will lose US funds, which make up roughly 60 percent of its budget, and that it may have to cut as many as half of its services. By July 2017, the organization had already closed one clinic and canceled 100 planned outreach events, including for cervical cancer screening, HIV testing, and family planning counseling, that typically reach 100 people each time. Another organization, Reproductive Healthcare Network Kenya has lost about two-thirds of its funding and has canceled many activities, including trainings on safe abortion care for doctors and other healthcare providers. Reproductive Health Uganda, which serves 1.2 million people a year, is ending large health programs previously paid for by the US government. [Human Rights Watch, 2/14/18]
¶ Trump Cracked Down On Medication Abortions Amid The COVID-19 Pandemic, And Was Open To Further Actions In A Second Term
¶ At Trump Admin Urging, The Supreme Court Reinstated A Burdensome Rule Requiring Abortion seekers To Have An In-Person Visit To Acquire Medicine For Medication Abortions Despite COVID-19
January 2021: SCOTUS Reinstated Trump Administration Rule Requiring People Seeking Medication Abortions To Receive Drugs In Person. According to the Washington Post, “The Supreme Court on Tuesday agreed with the Trump administration and reinstated requirements that women seeking medication abortions receive the drugs in person at a clinic, setting aside a judge’s ruling that protocol was dangerous during the coronavirus pandemic. The administration sought to reinstate rules by the Food and Drug Administration that women pick up the abortion pills at a medical facility — rather than receive them by mail or delivery — even though there is no requirement they take the medication in such a setting. Most take the pills that end a pregnancy in its early stages at home.” [Washington Post, 1/12/21]
¶ Trump Administration Asked The Supreme Court To Reinstate Rule
The Trump Administration Asked The Supreme Court To Reinstate A Rule Mandating Abortion Seekers To Visit Health Care Providers In Person To Acquire One Of The Pills For Medication Abortions, After Lower Courts Blocked The Rule During The Coronavirus Pandemic. According to CNN, “The Trump administration is asking the Supreme Court to reinstate a rule requiring abortion seekers to visit health care providers in person to acquire one of the pills for medication abortions, after lower courts blocked the rule during the ongoing coronavirus pandemic. The escalated fight surrounding the pills -- which the Food and Drug Administration does not require to be taken while with the health care provider -- is the latest development in a pandemic-era clash over abortion access that has increasingly manifested as a battle of regulations.” [CNN, 8/26/20]
- The FDA Did Not Specify Where The Drug, Mifepristone, Had To Be Taken. According to CNN, “Medication abortion, a nonsurgical procedure effective until about 10 weeks into a pregnancy, typically entails taking two drugs several days apart. The contested regulation concerns mifepristone, the first drug, which works to block the hormone progesterone necessary for a pregnancy to continue. The FDA information page on mifepristone states that the drug ‘may only be dispensed in clinics, medical offices, and hospitals by or under the supervision of a certified healthcare provider,’ but does not specify where the patient must take it. The second drug taken in a medication abortion, misoprostol, causes cramps and heavy bleeding as the uterus expels its contents. It can be taken ‘at a location appropriate for the patient,’ according to the FDA.” [CNN, 8/26/20]
¶ Trump’s Challenge Came After Reproductive Health Groups Sued The FDA Over The Rule, Stating That It Was Unconstitutional For The Agency To Maintain The Rule For The Abortion Drug While Waiving It For Other Drugs In Light Of The Pandemic
The Trump Administration’s Challenge Came After Several Reproductive Health Groups Sued The FDA In May Over The Rule, Stating That It Was Unconstitutional For The Agency To Maintain The Rule For The Abortion Drug While Waiving It For Other Drugs In Light Of The Pandemic. According to CNN, “The Trump administration's challenge comes after several reproductive health groups, represented by the American Civil Liberties Union, sued the FDA in May over the long-standing requirement, arguing that it was unconstitutional for the agency to maintain the rule for the abortion drug while lifting it for other drugs in light of the pandemic. ‘By making life-threatening viral exposure risks a condition of treatment for medication abortion and miscarriage care, the FDA's continued maintenance of the Mifepristone In-Person Dispensing Requirement jeopardizes the safety of patients, clinicians, and the public at large, with no countervailing benefit—and with particularly severe implications for low-income people and people of color, who comprise a disproportionate share of impacted patients and who are already suffering and dying from COVID-19 at substantially higher rates,’ the ACLU wrote at the time. A lower court sided with the groups and temporarily blocked the requirement in July, and a federal appeals court denied the administration's efforts to overturn the ruling earlier this month.” [CNN, 8/26/20]
¶ Anti-Abortion Leaders Focused On Pushing For Executive Action Against Medication Abortions In A Second Trump Term
Anti-Abortion Advocates Concentrated On Recommendations For The Justice And Health And Human Services Departments In A Second Trump Administration To Limit Access To Abortion Pills. But in recent interviews and statements, leading antiabortion advocates are looking past what they characterize as purely political rhetoric — and plotting actions that they believe a Trump administration would take as early as next year to crack down on abortion. Leading advocates are concentrating on refining recommendations for two agencies with enormous power over abortion-related policies nationwide — the Justice and Health and Human Services departments — such as revisiting the 2000 approval of a key abortion drug and halting the mailing of abortion pills, according to a document published by the conservative Heritage Foundation. The Food and Drug Administration, which approves drugs and has the power to take them off the market, operates under HHS. Roger Severino, who led several antiabortion efforts at HHS under Trump, said the movement is more focused on potential agency actions than passing a national abortion ban, which leaders privately acknowledge is extremely unlikely to make it through a divided Congress.” [Washington Post, 1/5/24]
¶ Trump Was Reported To Have Not Made A Decision On Whether To Restrict Abortion Pills If He Were To Return To The White House
Trump Had Not Made A Decision On Whether To Restrict Abortion Pills. According to the Washington Post, “A person close to Trump said the former president had been briefed on abortion pills but hadn’t decided whether he would take action to further restrict their use if he returns to the White House. The person, speaking on the condition of anonymity to discuss private conversations, said Trump was interested in ‘Washington’s role’ in limiting abortions and noted top officials in the first Trump administration had met during his term to discuss ways government agencies could reduce the procedure.” [Washington Post, 1/5/24]
¶ Trump Used The Federal Government To Restrict Abortion
¶ trump allies eyed restricting private employer insurance from covering abortions
Trump Allies Wanted To Restrict Private Employer Insurance From Covering Abortions
Trump Allies Wanted To Use Federal Labor Law To Restrict Private Employer Insurance From Covering Abortions. According to the Washington Post, “Conservative policymakers influential with former president Donald Trump are discussing how to use a little-known labor law to impose sweeping restrictions on private-employer-covered abortions, according to a public statement and two people with direct knowledge of labor policy discussions among Trump advisers. Although Trump has not formally committed to anything and talks are ongoing, the Heritage Foundation, a conservative think tank, has publicly called for using federal labor law to limit the ability of private employers to provide coverage that includes abortions in states with abortion restrictions. Trump insiders have also discussed these ideas, according to one person with direct knowledge of the talks.” [Washington Post, 6/6/24]
The Proposed Change Would Make It Much More Difficult For Residents Of States With Abortion Bans To Get An Abortion Out Of State. According to the Washington Post, “The proposed change could make it vastly more difficult for residents of states with abortion bans to obtain abortions by traveling out-of-state, legal experts say. This comes as out-of-state travel for abortions doubled between the first half of 2020 and the first half of 2023, according to data from the Guttmacher Institute, which supports abortion rights. More than 170,000 patients traveled across state lines in 2023 to seek abortions, the institute’s data shows. The Heritage Foundation, which has been heavily involved in policy proposals for a Trump second term, has recommended that the Labor Department and Congress ‘should clarify’ that federal labor regulations for employer-sponsored health-care plans ‘should not be allowed to trump states’ ability to protect innocent human life in the womb.’” [Washington Post, 6/6/24]
Another Proposed Change Would Rescind The “Reasonable Accommodations” Rule Relating To Pregnancy And Childbirth. According to the Washington Post, “A separate proposal being considered by Trump labor advisers would rescind a new federal rule that takes effect this month requiring most U.S. employers to offer ‘reasonable accommodations’ for their workers related to pregnancy and childbirth, including time off for abortions, according to one of the people with direct knowledge of labor policy discussions among Trump advisers.” [Washington Post, 6/6/24]
¶ HHS Withheld Medicaid Funding For California Over Its Private Insurance Abortion Mandate
December 2020: Trump Administration HHS Announced It Would Withhold $200 Million In Medicaid Funding To California For Q1 2021 Over California Requirement That All Insurance Plans Cover Abortion. According to CBS News, “The Trump administration will withhold $200 million in Medicaid funding from California in the first quarter of 2021 over the state's mandate that health insurance providers include coverage for elective abortion, Health and Human Services Secretary Alex Azar announced on Wednesday. An additional $200 million in funding will be withheld for each quarter in which the state continues with that policy, said Azar, failing to recognize that the Trump administration ends on January 20. HHS' Office for Civil Rights had previously issued a violation notice to California over its requirement that all insurance plans cover elective abortions, and threatened to cut funding. The Trump administration maintains that California does not have the constitutional right to make such a requirement.” [CBS News, 12/17/20]
¶ Trump’s HHS Had Previously Threatened To Withhold Funding
January 2020: HHS Threatened To Withhold Funding To California Over Its Mandate That Private Insurers Cover Abortion. According to Politico, “Since his January 2017 inauguration, Trump has worked to regulate and restrict abortion access using a series of rule changes that restrict the way taxpayer funds flow to foreign and domestic organizations that perform or promote abortions. Hours before his speech on Friday, officials at the Department of Health and Human Services threatened to withhold federal funding to California unless the state drops its mandate requiring private health insurers to cover abortion procedures.” [Politico, 1/24/20]
¶ December 2019: HHS Announced A Rule To Force Private Insurers On ACA Markets To Send Customers A Separate Monthly Bill For The Portion Of Their Premium For Abortion
December 2019: HHS Announced A Rule To Force Private Insurers On ACA Markets To Send Patients A Separate Monthly Bill For The Portion Of Their Premium That Goes Toward Abortion. According to Politico, “While public insurance programs like Medicaid have long been barred from covering abortion services, Friday’s announcement also marks an escalation of the administration’s efforts to extend the prohibition to private coverage. In December, HHS unveiled a rule requiring private insurers on Obamacare markets to send patients separate monthly bills to separate the portion of the premium that goes toward abortion coverage. The added administrative burden could prompt some insurers to drop abortion care altogether.” [Politico, 1/24/20]
July 2020: Federal Judge Stuck Down The Rule Thereby Permitting Insurers To Continue To Include Abortion Coverage As A Line Item On Monthly Bills. According to the Associated Press, “A federal judge in Baltimore on Friday struck down a Trump administration rule that abortion rights advocates called a maneuver to restrict access but officials defended as merely following the law. The decision by U.S. District Judge Catherine C. Blake affects women covered under the Obama-era Affordable Care Act, not the majority with workplace insurance. The ruling hinged on the arcane question of whether a congressional requirement that insurers collect a “separate payment” for abortion coverage meant the companies also have to send their policyholders an additional, different bill, as the Trump administration wanted to require. The judge’s ruling means insurers can continue to make the charge for abortion coverage a line item on their monthly bill, or just give policyholders notice that it’s included.” [Associated Press, 7/10/20]
¶ Trump Administration Weakened ACA Contraceptive Mandate By Allowing Employers To Deny Birth Control Coverage Over Religious Objection
In Trump’s First Year, The Government Weakened The ACA Contraceptive Mandate By Allowing Employers To Deny Birth Control Via Religious Objection. According to the Center for Public Integrity, “In Trump’s first year in office, federal agencies weakened the ACA’s contraceptive mandate, allowing employers to deny birth control coverage if they had a religious or moral objection. Though the rollback was quickly tied up in the courts, dozens of employers signed separate settlements with the administration allowing them to refuse to cover birth control.” [Center for Public, Integrity, 9/24/20]
- Over 70 Religious Employers Settled With The Trump Administration Allowing Them To Stop Covering Birth Control. According to the Center for Public Integrity, “But more than 70 religious employers signed a separate settlement agreement with the Trump administration allowing them to stop offering birth control coverage even before those suits were resolved. The University of Notre Dame, for example, ceased covering copper IUDs and emergency contraception for some 17,000 students, employees and their families beginning in July 2018 and began charging copays for other forms of contraception.” [Center for Public, Integrity, 9/24/20]
July 2020: The Supreme Court Held In Little Sisters v. Pennsylvania That The Trump Administration Could Grant Religious Exemptions To Birth Control Coverage Mandate. According to Vox, “The US Supreme Court issued its ruling in Little Sisters v. Pennsylvania Wednesday, holding the Affordable Care Act gives the Trump administration broad authority to grant exceptions to a federal regulation requiring employers to provide birth control coverage to their employees. On the surface, Justice Clarence Thomas’s majority opinion appears to be focused exclusively on birth control, and it also endorses a policy that could cease to exist in less than a year. The immediate upshot of Little Sisters is to let stand Trump administration rules allowing employers opposed to birth control to refuse to provide contraceptive coverage to their employees. If presumptive Democratic nominee Joe Biden becomes president next year, however, his administration could repeal the Trump administration’s policy and implement a new policy more favorable to contraception coverage.” [Vox, 7/8/20]
¶ Trump Administration Attempted To Exempt Health Care Providers With Religious Exemption
2019: The Trump Administration Finalized A “Refusal Of Care” Rule For Health Care Providers That Allowed Them To Refuse Care For Contraception Over Moral Or Religious Grounds. According to the Center for Public Integrity, “And the Title X rule was only one of many actions by the Trump administration that affected Americans’ contraceptive access. In May 2019, for example, the administration finalized a ‘refusal of care’ rule, allowing health care providers such as doctors or pharmacists to refuse to provide contraception to patients if they have a religious or moral objection. Such rules, also in place in some states, can mean patients have to travel to multiple pharmacies to find someone willing to fill a birth control prescription, making it less likely they will actually be able to obtain the medication.” [Center for Public, Integrity, 9/24/20]
The Rule Was Blocked By A Federal Court In 2019. According to Reuters, “The U.S. Department of Health and Human Services (HHS) in 2018 unveiled what it called the ‘conscience rule,’ but it never took effect due to litigation. States including California and New York and abortion providers filed suit to challenge it, leading a federal court to block the measure in 2019. The rule enabled the federal government to punish hospitals, clinics, universities and other healthcare providers that stopped healthcare workers from doing what their "conscience" dictated and refusing to carry out certain procedures. Trump's HHS said the rule fulfilled his "promise to promote and protect the fundamental and unalienable rights of conscience and religious liberty." Religious conservatives were a key constituency for Trump.” [Reuters, 4/19/22]
¶ Trump Administration Sued Vermont Hospital That Required A Catholic Nurse To Assist An Abortion
HHS Secretary Azar Announced The Department Of Justice Was Suing A Vermont Hospital That Allegedly Required A Catholic Nurse To Assist In An Abortion. According to CBS News, “Azar also announced the Justice Department is suing a Vermont hospital that the Trump administration says required a Catholic nurse to assist in an abortion procedure even though she had previously declared her objections to the procedure and other nurses were available.” [CBS News, 12/17/20]