Does this new Trump administration mean a national abortion ban?
The results of the 2024 presidential election brought much stress and feelings of uncertainty. As immigrant communities fear deportation and the trans community fears infringing on their rights, many with uteri are wondering what’s next.
One UB Law Professor Lucinda Finley, says most likely no.
“My political instinct says they will not, at least right away, try for federal legislation banning abortion because of the awareness that that would be extraordinarily politically unpopular and would highly likely lead to [Republicans] losing the House of Representatives in 2026. And I don't think such a bill get through a filibuster-proof majority in the Senate,” Finley said.
She said that most of the restraints on reproductive care will come from a regulatory front. Under previous Republican administrations, there was an exemption for religious-based reasons, but Trump expanded that restraint to any moral objections.
Finley believes there will be rollbacks on the Affordable Care Act that requires employers to provide health insurance that covers contraception.
Victoria W. Wolcott, the Director of the Gender Institute and History professor at UB, does have concerns about a national ban.
“I am concerned about [a federal abortion ban] if the Republicans win the House. A federal ban would supersede any state constitutions that seek to protect abortion rights. Trump has not been clear about whether he would sign such a ban, but the pressure for him to do so would be immense,” she stated in an email.
Finley said that there would be immense pressure on the justice system to implement the Comstock Act of 1873, which would make it a crime to send abortion materials through the mail. This would include the abortion and miscarriage drug, mifepristone, which Finley said is the safest and most effective treatment for miscarriages. This would highly likely increase the health effects and death risk for women who bleed out due to miscarriages.
Both Wolcott and Finley predict that Trump will restrict federal funding to organizations that provide abortions. Wolcott said that the “Global Gag Rule” will be reinstated, which restricts US global health funding dollars for foreign non-governmental organizations that provide or promote abortion as a form of family planning.
“I expect a lot of rules out of the Trump administration that will make contraception harder to get and much more expensive,” Finley said.
Finley said the administration could place restrictions on the federal Title X family planning program that provides federal funds to no or low-cost contraception counseling and dispensation. The Trump administration barred providers within the Title X network from receiving funds if they mentioned abortion care.
Finley says that how you navigate your reproductive health is an individual choice. She suggests being mindful of the reproductive laws in states where one chooses to live and to see if potential employers cover contraception on their insurance plans.
When asked how one protects their reproductive health in times like this, Wolcott said in an email, “Stocking up on medications such as Plan B [emergency contraception] would make sense. And going forward advocating for reproductive care for everyone through activism and electoral activity will be crucial.”
Sarah Owusu is the senior features editor and can be reached at sarah.owusu@ubspectrum.com
Sarah Owusu is an assistant news editor at The Spectrum. In her free time she enjoys reading, baking, music and talking politics (yes, shockingly). She'll also be her own hairdresser when she needs a change.
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