When Donald Trump announced his position on abortion, pledging to leave the issue to the states, some anti-abortion groups were disappointed, as they had hoped he would support a nationwide ban on abortion. However, experts say that if Trump were to return to the Oval Office, his administration could significantly restrict abortion without implementing a federal ban. A “presidential transition handbook” titled Project 2025 outlines directives that a conservative president could enforce across multiple government agencies, focusing on existing laws to alter access to abortion, particularly through medication abortion.
Medication abortions, which account for over half of all abortions in the U.S., are seen as a key target for anti-abortion groups. Project 2025 calls abortion pills the “single greatest threat to unborn children” and suggests reversing the FDA’s approval of these drugs. By utilizing existing laws like the Comstock Act, anti-abortion groups hope to restrict abortion access without needing new legislation. The Comstock Act, which dates back to 1873, could be used to place restrictions on abortion providers and distributors, potentially leading to a de facto nationwide abortion ban.
The concept of fetal personhood, granting legal rights to fetuses, has been a long-term goal for anti-abortion groups. Recent legal arguments have touched on whether fetuses should be considered people under the law, potentially leading to a prohibition on abortion without the need for a standard ban. The Alabama Supreme Court’s ruling that embryos should have the same rights as children has sparked debate on personhood laws in various states. The intersection of IVF treatments and personhood laws further complicates the debate over abortion access.
While President Trump has stated he will not sign a federal abortion ban and will leave decisions on abortion up to the states, some experts believe his administration could still take significant actions to restrict abortion access by leveraging existing laws. The ongoing battle over abortion rights is expected to continue at both the state and federal levels, with the concept of fetal personhood playing a key role in shaping future policies. The outcome of these debates will likely have far-reaching implications for reproductive rights and access to abortion in the United States.
