Abortion is a vital issue for many voters—especially women, as recent polls indicate—especially as we move closer to the U.S. presidential election in November.
Since becoming the Democratic presidential nominee in August 2024, Vice President Kamala Harris has strongly advocated for reproductive rights. She is particularly keen on Congress passing a federal law to safeguard abortion rights following the 2022 overturning of the historic Roe v. Wade decision, which previously established a constitutional right to abortion.
On the other side, Republican presidential nominee Donald Trump takes pride in appointing three Supreme Court justices who were part of the majority that voted in 2022 to eliminate the constitutional right to abortion. However, in September 2024, Trump stated that he would not endorse a federal abortion ban, marking a shift from his earlier positions. He also refrained from responding during a debate when pressed on whether he would veto legislation aimed at restricting abortion.
The records of Harris and Trump on abortion could not be more different. As a scholar focused on reproductive health law, healthcare legislation, and family law, I will outline each candidate’s prior actions and opinions regarding abortion as we approach the election.
Kamala Harris’ Abortion Advocacy
During her time as California’s attorney general, Harris co-sponsored the Reproductive FACT Act. This law required crisis pregnancy centers to disclose that they are not licensed medical facilities and that abortion services are offered elsewhere, targeting nonprofit organizations that sometimes use misleading tactics to dissuade women from seeking abortions.
Following the law’s implementation, it faced challenges from anti-abortion organizations that sought to block it. Ultimately, in 2018, the U.S. Supreme Court annulled the law on First Amendment grounds.
In 2017, Harris probed into the actions of undercover videographers targeting Planned Parenthood clinics, who attempted to ensnare healthcare providers into making controversial statements under misleading circumstances, which may have violated state laws regarding secret recordings.
As a U.S. senator, Harris voted against anti-abortion initiatives that sought to grant personhood rights to fetuses, none of which were eventually passed.
On the other hand, she actively supported multiple bills aimed at safeguarding and enhancing reproductive rights. Notably, in 2019, she co-sponsored the Women’s Health Protection Act, which aimed to establish a federal right to abortion but ultimately did not pass.
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As vice president, Harris has played a significant role in the Biden administration’s efforts to improve access to abortion services, largely utilizing executive powers. For instance, the Food and Drug Administration eliminated a 2021 rule that restricted mailing abortion medication.
The Department of Health and Human Services clarified that federal regulations mandate that emergency departments perform necessary abortions to stabilize patients requiring immediate care.
The administration has also backed federal legislation accommodating abortion, such as the Pregnant Workers Fairness Act, passed in 2023, which obligates employers to provide leave for workers experiencing miscarriage, stillbirth, or abortion.
While the administration’s abortion policies extend beyond just Harris, since the reversal of Roe, she has led the campaign’s “Fight for Reproductive Freedoms,” delivering speeches nationwide advocating for abortion rights. Harris has also spotlighted the negative impacts on 14 states where abortions are either entirely banned or restricted after six weeks of pregnancy.
Donald Trump’s Abortion Agenda
During his presidency, Trump implemented a variety of measures—judicial appointments, federal funding modifications, and actions taken by anti-abortion policymakers—aiming to limit access to abortion services.
Trump’s initial commitment as president in 2016 was to nominate Supreme Court justices who would overturn Roe v. Wade. He appointed three justices—Brett Kavanaugh, Amy Coney Barrett, and Neil Gorsuch—who supported the majority ruling in Dobbs v. Jackson Women’s Health Organization, which nullified Roe in June 2022.
The Senate confirmed 226 judges that Trump nominated for lower federal court positions, a fulfillment of his 2016 campaign promise to appoint “pro-life judges.” Some of these nominees were publicly known for their anti-abortion views, and some even advocated for the idea that embryos should receive comparable treatment to children.
From early in his administration, Trump sought to withdraw federal funding from Planned Parenthood clinics, which provide various reproductive health services, including abortions, through the Title X government program. In 2017, Trump signed a bill allowing states to cut state funding for Planned Parenthood and any organizations that provide abortions, even though Title X funding is not designated for abortion services.
Trump’s administration also attempted to dismantle the Affordable Care Act, particularly targeting its contraceptive coverage and neutral policies on abortion insurance. He supported various measures, including the ever-failed American Health Care Act, aimed at curbing abortion coverage in private health insurance plans.
Additionally, numerous individuals with strong anti-abortion beliefs were appointed to Trump’s administration. One notable appointee was Charmaine Yoest, former CEO of Americans United for Life, who was appointed as a key official at the Department of Health and Human Services.
The Trump administration launched multiple other anti-abortion initiatives. For example, the 2017 strategic plan from the Department of Health and Human Services defined life as beginning at conception, bolstering funding for crisis pregnancy centers and abstinence-only education.
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On the international front, Trump reinforced an anti-abortion stance in U.S. foreign policy. He reinstated and broadened the Mexico City Policy, known as the Global Gag Rule, which forbids foreign NGOs receiving U.S. funding from performing or referring patients for abortions. Under this policy, Trump cut US$8.8 billion in foreign aid aimed at supporting programs that provide or refer for abortion services.
In 2017, Trump also halted U.S. funding to the United Nations Population Fund, which focuses on family planning for low-income individuals and does not promote abortion, but rather supports the right to post-abortion care. This funding was restored by Biden in 2021.
As we draw closer to the election, both candidates are likely to share more about their stances on abortion, potentially fine-tuning their positions on various aspects of abortion law. Voters might reflect on the candidates’ past actions to gauge how they will approach abortion during their respective administrations.