Biotech
Friday, November 8th, 2024 4:08 pm EDT
Key Points
- State-level abortion protections vs. federal risks: Despite voters in seven states approving measures to protect abortion rights, President-elect Trump’s administration could pose new federal threats to abortion access through executive actions and agency policies, creating uncertainty for women’s reproductive health nationwide.
- Medication abortion restrictions and the Comstock Act: The Trump administration might restrict access to medication abortion by enforcing the Comstock Act, a dormant law that could ban abortion pills by mail and limit telehealth services, disproportionately affecting low-income and minority women.
- Potential revival of restrictive policies: Trump could reimplement previous policies, like the 2019 “domestic gag rule” on Title X family planning clinics, reversing Biden-era protections and reducing access to reproductive health services for lower-income individuals.
The recent election saw voters in seven out of ten states approving measures to protect abortion rights, but health policy experts express concern over the potential impacts of Donald Trump’s presidential victory on abortion access. Trump’s stance on abortion has fluctuated, currently favoring a state-level approach. However, his administration could restrict abortion federally, bypassing Congress through regulatory means. Since the Supreme Court’s overturning of Roe v. Wade in 2022—a decision Trump attributes to his influence on the court—the U.S. has seen varied access to abortion, with significant limitations in many states affecting over 25 million women of reproductive age. Experts warn that further restrictions from a Trump administration could disproportionately harm lower-income and minority women.
One significant target may be medication abortion, which accounts for 63% of all U.S. abortions. Trump could limit its access by restricting telehealth and mail distribution under the Comstock Act, a century-old law that bans mailing abortion-related materials. To enforce these restrictions, Trump would likely need a Senate-confirmed anti-abortion attorney general and supportive appointments within key agencies like the Department of Health and Human Services, the Food and Drug Administration (FDA), and the Department of Justice. His FDA appointees could restrict or even rescind the approval of mifepristone, a widely-used abortion medication, potentially reversing expanded telehealth access to it. This could cause more women to travel long distances or face delays for in-person abortions, heightening barriers to care.
Further, Trump could revive the 2019 “domestic gag rule,” which barred Title X-funded family planning clinics from providing abortion referrals or counseling, and which Biden reversed in 2021. Experts note that Trump’s initial implementation of this rule heavily impacted low-income clinics, and a reintroduction could again disrupt family planning services. Trump’s administration may also rescind Biden’s executive actions aimed at broadening reproductive health access. While public support for federal abortion bans remains low, policy experts caution that indirect federal restrictions could severely limit abortion access nationwide, sparking complex legal battles likely to end up before the Supreme Court, where the Comstock Act’s validity may be revisited.
For the full original article on CNBC, please click here: https://www.cnbc.com/2024/11/07/how-trumps-victory-could-change-abortion-rights-in-america.html
