{"id":37498,"date":"2025-01-21T04:10:31","date_gmt":"2025-01-21T10:10:31","guid":{"rendered":"https:\/\/ustower.net\/?p=37498"},"modified":"2025-01-21T04:11:20","modified_gmt":"2025-01-21T10:11:20","slug":"trumps-hands-off-abortion-stance-faces-political-reality","status":"publish","type":"post","link":"https:\/\/ustower.net\/?p=37498","title":{"rendered":"Trump\u2019s hands-off abortion stance faces political reality"},"content":{"rendered":"\n<p class=\"has-medium-font-size wp-block-paragraph\">Anti-abortion groups want Trump to quickly take executive action to re-impose federal restrictions from his first term; Republicans in Congress are poised to send him new abortion legislation;&nbsp;and his Justice Department will need to decide whether to continue defending Biden-era abortion policies across several ongoing federal cases or drop them completely.&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Some of these actions could empower states trying to restrict abortion, making it even more difficult for women to access abortion care, but others could impose new federal roadblocks on states seeking to expand reproductive rights.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">\u201cYou could have versions of the story where the Trump administration doesn\u2019t really take aggressive action on abortion and does things that look more like reversing Biden-era policies and restoring Trump-era policies,\u201d said Mary Ziegler, an abortion law expert and professor at the University of California Davis.&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">\u201cAnd there\u2019s a scenario where a second Trump administration goes much, much further on abortion, in court and outside of it. And we don\u2019t really know which of those realities is going to be the one we see, in part because as much as Trump has been telegraphing his plans for returning to office, he hasn\u2019t really been particularly eager to talk about reproductive issues,\u201d Ziegler added.&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Advocates on either side of the issue don\u2019t expect the Trump administration to stay out of the fight.&nbsp;&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">\u201cUntil taxpayers no longer pay for abortion and programs no longer mandate it, abortion is federal,\u201d said Kristan Hawkins, president Students for Life Action, an anti-abortion group.&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">\u201cThe Dobbs decision makes it easier for the states to engage, and we welcome that, but that didn\u2019t shift the responsibility away from the federal government.\u201d&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Nancy Northup, president and CEO at the Center for Reproductive Rights, said in a statement her organization was anticipating \u201ceven more extreme actions\u201d from the Trump administration than his first term, including attempts to make it much harder to access medication abortion, or to completely rescind approval for the drugs.&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">\u201cWe will be in court every day for the next four years, if that\u2019s what it takes,\u201d Northup said.&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">In Congress, the Republican-controlled House and Senate have big plans for passing anti-abortion legislation and sending it to Trump\u2019s desk.&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">First on the list is a measure that would mandate health care providers try to preserve the life of an infant in the rare case that a baby is born after a failed abortion.&nbsp;&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">The bill was panned by reproductive medical experts and Democrats for interfering with complex medical decisions between patients and their physicians.&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Republicans passed it in the House last year, but it was blocked in the Democrat-controlled Senate. With a three-seat GOP advantage this time, it\u2019s possible the bill could move forward, with the expectation that Trump would sign it.&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Similarly, House and Senate Republicans may find an easier path to including abortion restrictions in government spending and must-pass policy bills.&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">It was a strategy House Republicans<a href=\"https:\/\/thehill.com\/policy\/healthcare\/4094425-house-republicans-use-spending-bills-to-push-for-abortion-restrictions\/\"><u>\u2002<\/u><\/a><a href=\"https:\/\/thehill.com\/policy\/healthcare\/4094425-house-republicans-use-spending-bills-to-push-for-abortion-restrictions\/\"><u>tried last year,<\/u><\/a>&nbsp;as they attempted to restrict the military\u2019s reimbursement for abortion-related travel, reverse the ability of Department of Veterans Affairs hospitals to provide abortions, and change how the abortion drug mifepristone was dispensed.&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">The anti-abortion provisions and amendments never made it past the Democratic Senate, but this year could be different.&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">On the legal front, Trump will inherit lawsuits that could help determine access to abortion for millions of women, with voters having little say.&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">In many instances the cases are being argued in front of judges appointed by Trump in his first term.&nbsp;&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">The stakes were made clear on Thursday, when a Trump-appointed federal judge in Texas allowed a trio of red states to sue the Food and Drug Administration over its actions to expand access to mifepristone, one of two pills used in medication abortion.&nbsp;&nbsp;&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">U.S. District Judge Matthew Kacsmaryk said Idaho, Missouri and Kansas have legal standing to bring a case to Amarillo, Texas.&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Last year, the Supreme Court dismissed an earlier version of the lawsuit, saying that private parties had no legal basis to challenge access to mifepristone. But Kacsmaryk kept the case alive by allowing the red states to intervene.&nbsp;&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Trump\u2019s attorney general nominee&nbsp;<a href=\"https:\/\/thehill.com\/people\/pam-bondi\/\"><u>Pam Bondi\u2002<\/u><\/a>did not directly answer when asked by Sen. Cory Booker (D-N.J.) at her confirmation hearing whether she would commit to defending the FDA\u2019s actions in the case, saying she needed to do more research. Bondi vowed not to let her personal anti-abortion views influence her actions.&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">The FDA has repeatedly found that mifepristone is safe and that a medication abortion regimen that includes mifepristone and a second drug, misoprostol, is a safe and effective alternative to surgical abortions.&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Advocates expect the administration to stop defending the case and make regulatory changes, but it could be politically unpopular.&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">\u201cI think that lawsuit will potentially be uncomfortable for the Trump administration, because Trump has been sidestepping questions about exactly what he wants HHS and FDA to do about mifepristone what exactly he wants DOJ to do about mifepristone. And the lawsuit before Judge Kacsmaryk raises a lot of those questions,\u201d Ziegler said.&nbsp;&nbsp;&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">But Eric Kniffin, a fellow at the Ethics and Public Policy Center and expert on religious liberty, said the Trump administration can be light-handed and still get credit from conservatives.&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">\u201cThey could advance a lot of pro-life policies. They don\u2019t have to advance a pro-life federal law. They just have to stop the overreaches that this administration has been taking,\u201d Kniffin said.&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">\u201cJust the Trump administration taking its foot off the gas would be a huge step forward in giving states that want to the opportunity to enact pro-life policies.\u201d&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">One of the first instances where that could happen involves a Biden administration lawsuit against Idaho.&nbsp;&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">The Biden Justice Department argued Idaho\u2019s near-total abortion ban during medical emergencies violates federal emergency medical statute. The 9th Circuit Court of Appeals heard arguments last year, but hasn\u2019t rendered a decision.&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Most observers expect the Trump administration to drop the case, and revoke the Biden administration\u2019s guidance telling hospitals they need to provide such care to qualify for federal funding.&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Amy Williams Navarro, director of government relations at Reproductive Freedom for All, said in an email that Trump is stacking his Cabinet with \u201canti-abortion zealots\u201d tied to the Heritage Foundation\u2019s Project 2025, which calls for ending the lawsuit.&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">\u201cFollowing Project 2025\u2019s mandate, we expect to see the DOJ swiftly withdraw all pending litigation against states that refuse to provide access to emergency abortion care in violation of federal law,\u201d Williams Navarro said in a statement.&nbsp;&nbsp;&nbsp;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\"><a href=\"https:\/\/thehill.com\/policy\/healthcare\/5096237-trump-abortion-actions\/\">Thehill<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Anti-abortion groups want Trump to quickly take executive action to re-impose federal restrictions from his first term; Republicans in Congress are poised to send him new abortion legislation;&nbsp;and his Justice Department will need to decide whether to continue defending Biden-era abortion policies across several ongoing federal cases or drop them completely.&nbsp;&nbsp; Some of these actions [&hellip;]<\/p>\n","protected":false},"author":5,"featured_media":37499,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[4395,32075,1230],"class_list":["post-37498","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics","tag-abortion-rights","tag-non-intervention","tag-trump"],"_links":{"self":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/37498","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=37498"}],"version-history":[{"count":1,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/37498\/revisions"}],"predecessor-version":[{"id":37500,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/37498\/revisions\/37500"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/media\/37499"}],"wp:attachment":[{"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37498"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37498"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37498"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}