Trump rejects national abortion ban, says states should decide but favours exceptions
- A call for a national ban could have hurt Trump’s chances in the six or seven US states likely to determine the outcome in November
- Former US president also said he is in favour of exceptions in cases of rape, incest and saving the life of the mother. He also supports IVF
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Republican presidential candidate Donald Trump said on Monday that abortion laws should be determined by US states, stopping short of proposing a national ban that could have damaged his chances in the November election.
In a video post on his social media platform Truth Social, the former US president said he supported exceptions for rape, incest and to protect the life of the mother. He also reiterated that he supports the availability of in vitro fertilisation (IVF).
He did not back a national ban to prohibit abortions beyond a number of weeks into a pregnancy, disappointing some religious and conservative backers who had hoped he would pursue national limits should he return to the White House.
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Trump previously signalled support for a ban beyond 15 weeks of pregnancy but said political considerations were paramount in the first presidential election since a Supreme Court ruling in 2022 ending a nearly 50-year federal right to the procedure.
“Always go by your heart. But we must win. We have to win,” Trump said in the video.
“My view is now that we have abortion where everybody wanted it from a legal standpoint, the states will determine by vote or legislation or perhaps both.
“And whatever they decide must be the law of the land. In this case, the law of the state.”
A call for a national ban could have hurt Trump’s chances in the six or seven US states likely to determine the outcome in November. Overall, 57 per cent of Americans think abortion should be legal in most or all cases, a March Reuters/Ipsos poll found.
While his statement aimed to carve out a political middle ground, it drew criticism from Democrats on the left who favour abortion rights and from anti-abortion groups on the right who want stricter limits, underscoring the divisions over the issue.
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Alluding to the three conservative justices he appointed to the Supreme Court, Trump took credit for the High Court’s overturning of the landmark 1973 Roe v Wade decision, which had protected a right to abortion at up to around 24 to 28 weeks.
The court’s decision triggered a voter backlash that was widely credited with curbing Republican gains in the 2022 congressional midterm election and propelling Democrats to victories in some state elections last year.
“This 50-year battle over Roe v Wade took it out of the federal hands and brought it into the hearts, minds and vote of the people in each state. It was really something. Now it’s up to the states to do the right thing,” Trump said.
US President Joe Biden, a Democrat, has made Trump’s opposition to abortion rights a tenet of his re-election campaign.
“Trump is scrambling. He’s worried that since he’s the one responsible for overturning Roe the voters will hold him accountable in 2024. Well, I have news for Donald. They will,” Biden said in a statement released by his campaign.
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While Americans tend to accept restrictions on abortion after the first trimester, polls also show that a sizeable majority prefer to have the decision made by the patient and her doctor, not the government.
Trump has criticised a six-week ban pursued by Florida Governor Ron DeSantis, a former rival for the Republican nomination, as too restrictive and politically toxic. But Trump is aligned with many Republicans in Congress and evangelical Christians urging strict curbs on the procedure.
With Roe v Wade overturned, leaving abortion to the states is his way of punting on the issue,” Jeanette Hoffman, a Republican political consultant, said of Trump’s position. “Now that the primary is over, there’s nothing to be gained from proposing a national abortion ban, as he’ll lose support from voters in many swing states.”
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The Supreme Court’s reversal of Roe v Wade allowed the matter to be decided state-by-state. In response, Republicans have enacted restrictive abortion laws in nearly two dozen states.
The Reuters/Ipsos poll in March found a sizeable majority of Democrats – 83 per cent – think abortion should be legal in most or all cases while most Republican poll respondents – some 57 per cent – think abortion should be outlawed in most or all cases.
Marjorie Dannenfelser, head of anti-abortion group Susan B Anthony Pro-Life America, said on Monday she was “deeply disappointed” in Trump’s position, arguing it would allow Democratic lawmakers to take steps to expand access to the procedure in some states.
“Unborn children and their mothers deserve national protections and national advocacy from the brutality of the abortion industry,” Dannenfelser said in a statement.
