(BIRTH) CONTROL FREAKS
- Former President Donald Trump has flipped his position on abortion so often, you’d think it was a cell phone from 1999. In fact, that was the year he declared himself “very pro choice,” two decades before trashing abortion protections in America by appointing Supreme Court justices who repealed Roe v. Wade. Lately, he’s saying he’ll leave the decision to the states, while absurdly referring to himself as “father of IVF” (a claim that hardly passes the laugh test). His inconsistency, to the point of incoherence, shows that nothing he says on this issue can be trusted. Pro-choice advocates widely believe that he’d fall in line with the far-right Project 2025 agenda, which outlines ways to aggressively restrict abortion. But, here’s the thing: Even if he kept his word about not signing a national abortion ban, he and his MAGA crew would have plenty of other options for rolling back reproductive rights even further.
- High on the list: A dusty, old, horse-and-buggy-era relic called the Comstock Act. The anti-obscenity law from 1873 theoretically prohibits mailing or receiving of stuff like pornography and abortion medication, although it’s been largely dormant for decades. (We can all agree that going back to 19th century standards of obscenity sounds like a super fun idea, I’m sure. What’s next, will right-wingers demand we all start riding around on those old-timey bicycles with one huge wheel?) Implementing this law could restrict access to abortion pills, which are now involved in a majority of abortions in the U.S. Earlier this year, the Supreme Court dismissed a case in which anti-abortion advocates argued that mifepristone, a widely used abortion pill, should be outlawed under the Comstock Act — but the conservative majority has signaled that they’d be willing to hear similar cases again. Trump angered anti-abortion advocates this summer when he said the federal government “should have nothing to do with this issue.” But the Comstock Act is a key part of Project 2025, which includes scores of people who would likely staff his administration and want the law implemented.
- The Trump administration could, in theory, deploy top health officials to target scientists at the Food and Drug Administration and override their views on abortion pills, Mary Ziegler, a professor at UC Davis Law, told What A Day. Mifepristone, the most common abortion pill, is safer than Viagra and penicillin. But that might not matter if Trump’s MAGA minions get to decide what’s safe and what isn’t. While barring access to mifepristone over spurious safety concerns or other pretexts wouldn’t equal an abortion ban, “it would still have a pretty significant national impact, because well over half of all abortions in blue and purple, as well as red states, take place involving this drug,” Ziegler said. This is especially bone-chilling, considering Trump has floated naming roadkill enthusiast Robert F. Kennedy Jr. as secretary of health and human services if elected.
- Then, there’s the long game: The concept of “fetal personhood.” The idea that a fetus, embryo, or fertilized egg should have the same rights as a human has shifted from the fringe far-right to mainstream politics in recent years. It’s anti-abortion advocates’ “new North Star, meaning the thing you use to guide you, but something that’s going to take you a while to actually reach,” Ziegler said. Seventeen states currently have fetal personhood on the books, according to Pregnancy Justice, a non-profit that defends abortion rights. With a Republican president and GOP control in Congress, it would be easier to appoint federal judges who could consider fetal personhood down the line. The Supreme Court likely wouldn’t consider the measure within the next few years, Ziegler added, but Trump could start laying the groundwork for a legal challenge — like he did with Roe v. Wade, which was overturned during the Biden administration.
Donald Trump has options to attack reproductive rights if he wins, and each of them would harm everyday Americans.
FLORIDA’S VLAD BOY
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