Politics
Kamala Harris and Donald Trump's records on abortion policy could not be more different. Here are the actions they both took while in office.
Abortion is a crucial, if not the most important, issue for many voters, particularly women, according to polls conducted ahead of November's U.S. presidential election.
Since Vice President Kamala Harris became the Democratic presidential nominee in August 2024, she has expressed support for abortion rights. Specifically, she supports Congress passing federal legislation that would protect the right to abortion following the Supreme Court's 2022 overturning of the landmark Roe v. Wade decision, which recognized a constitutional right to abortion .
Republican presidential candidate Donald Trump, meanwhile, bragged about appointing three Supreme Court justices who were part of the judicial majority that voted in 2022 to abandon the constitutional right to abortion. However, in September 2024, Trump said he would not sign a federal ban on abortion, reversing his previous statements. He also did not respond to a question posed during the September presidential debate about whether he would veto a law banning abortion.
Harris and Trump have very different backgrounds on abortion. As a scholar, my scholarship focuses on reproductive health law, health care law, and family law. In this article, and in anticipation of the election, I briefly consider the broad outlines of each candidate's past positions and actions on abortion.
Harris' abortion record
As attorney general of California, Harris co-sponsored the Reproductive FACT Act, which, among other requirements, required emergency pregnancy centers to inform patients that they are not licensed medical facilities and that services abortion services are available elsewhere. These centers are nonprofit organizations that advise pregnant women not to have abortions, sometimes using deceptive tactics.
Anti-abortion groups sued to block the law once it took effect. And, in 2018, the U.S. Supreme Court struck down the law on First Amendment grounds.
In 2017, Harris investigated the tactics of undercover videographers at Planned Parenthood clinics who, through deception and fraud, sought to entrap clinicians into making controversial, although legal, statements that may have violated state law on secret recordings.
As a U.S. senator, Harris opposed anti-abortion bills that would have conferred human rights on fetuses. None of them were ultimately adopted.
Conversely, Harris championed various bills that would have protected and advanced reproductive rights. In 2019, for example, Harris was a co-sponsor of the Women's Health Protection Act, which would have enacted a federal statutory right to abortion. This was not adopted either.
Vice President Kamala Harris speaks about Florida's new six-week abortion ban in Jacksonville on May 1, 2024. Joe Raedle/Getty Images
Finally, during Harris' tenure as vice president, the Biden administration used its executive authority to reduce barriers to abortion access, primarily through actions by federal agencies. The Food and Drug Administration, for example, in 2021 removed a rule banning medication abortion by mail.
The Department of Health and Human Services issued guidance affirming that federal law requires emergency departments to perform an abortion when it is medically necessary to stabilize a patient in need of urgent care.
The Biden-Harris administration has also supported federal legislation providing accommodations for abortion. The Pregnant Workers Fairness Act, signed into law in 2023, requires employers to provide leave in cases of miscarriage, stillbirth or abortion.
Although the Biden-Harris administration's abortion policy is not necessarily based solely on the vice president, Harris, since Roes' overthrow, has been at the helm of the administration's fight tour for reproductive freedoms, speaking out nationally in favor of the right to abortion. Harris also highlighted the damage caused in particular in 14 states where abortion is prohibited throughout pregnancy or after six weeks of gestation.
Outweighs the record on abortion
During Trump's tenure as president, he has supported various changes in the form of judicial appointments, federal funding, and agency actions, some led by anti-abortion federal employees in an effort to make it more difficult people's access to abortion care.
Trump began his presidency in 2016 by promising to nominate Supreme Court justices who would overturn Roe v. Wade. He named three justices Brett Kavanaugh, Amy Coney Barrett and Neil Gorsuch who joined the majority opinion in Dobbs v. Jackson Women's Health Organization, overturning Roe in June 2022.
The Senate confirmed 226 Trump-appointed judges to lower levels of the federal courts. Trump's appointments followed a 2016 campaign promise that he would appoint pro-life judges. Some were openly opposed to abortion, while others believed embryos should be treated like children.
From the beginning, the Trump administration prioritized defunding Planned Parenthood clinics, which provide abortion care and receive federal funding under the federal Title X program for other family planning services. Trump signed a bill in 2017 allowing states to defund Planned Parenthood clinics and other abortion-providing organizations, even if abortion care was not covered by state funding. title
The Trump administration unsuccessfully attempted to override the Affordable Care Act and undermine its coverage for contraceptives as well as its neutral stance on insurance coverage for abortion. Trump has supported bills such as the never-passed American Health Care Act aimed at limiting abortion coverage in private health insurance plans.
Trump has also appointed several anti-abortion appointees to his administration, including Charmaine Yoest, former CEO of the anti-abortion group Americans United for Life, who served as a top communications official at the Department of Health and Human Services.
The Trump administration has pushed many other anti-abortion policies. For example, the Department of Health and Human Services' 2017 strategic plan defined life as beginning at conception, a decision that supported funding for emergency pregnancy centers and abstinence-only education programs.
People watch Donald Trump on a screen as he speaks at the 47th annual March for Life in Washington in January 2020. Olivier Douliery/AFP via Getty Images
Finally, the Trump administration has taken an anti-abortion approach to foreign policy. Trump reinstated and expanded the Mexico City Policy, also known as the Global Gag Rule, which prohibits foreign nongovernmental organizations that receive U.S. funds from performing abortions or referring patients for abortion care elsewhere. As part of the Mexico City Policy, Trump in 2017 cut $8.8 billion in U.S. foreign aid for foreign programs that provide or recommend abortions.
In 2017, Trump also suspended U.S. funding for the United Nations Population Fund, an agency focused on, among other things, family planning for low-income people around the world, which does not promote abortion but supports the right of all women to obtain post-abortion treatment. abortion care. Biden restored funding for the UN agency in 2021.
In the coming weeks, both candidates will have a lot to say on abortion, possibly refining or changing their positions on certain aspects of abortion law. In evaluating what both candidates have to say about how their administration will approach abortion, voters might consider what we know about their past actions.
Sources 2/ https://theconversation.com/kamala-harris-and-donald-trumps-records-on-abortion-policy-couldnt-be-more-different-heres-what-actions-they-both-have-taken-while-in-office-238172 The mention sources can contact us to remove/changing this article |
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