Article Summary –
The impact of Donald Trump’s potential second term on reproductive rights hinges on his cabinet appointments and executive actions, with the possibility of reversing Biden-era protections and influencing federal department policies. Abortion remains legal in Pennsylvania up to 24 weeks, and recent Supreme Court decisions have maintained access to mifepristone and the enforcement of EMTALA, but Trump’s administration could still reshape federal abortion policies through executive orders and enforcement of laws like the Comstock Act. In the 2024 election, voters in 10 states considered ballot measures to enshrine abortion rights, with mixed results, and the future of these protections may depend on national policies or legal rulings that could conflict with state-level decisions.
A legal expert recently informed the Pennsylvania Independent about the potential impact of President-elect Donald Trump’s second term on reproductive rights. The influence hinges on his Cabinet appointments and executive power use.
Rachel Rebouché, Dean of Temple University Beasley School of Law, highlighted Trump’s ability to reverse Biden-era protections and possibly instruct the attorney general to prosecute those seeking abortions.
Abortion remains legal in Pennsylvania up to 24 weeks of pregnancy, likely continuing under Democratic Gov. Josh Shapiro’s leadership, whose term spans another three years.
Biden’s policies, such as enforcing the Emergency Medical Treatment and Labor Act for necessary abortions, could be overturned. Also, privacy laws interpretation and FDA approval of mifepristone could change.
Trump can issue executive orders altering federal department approaches to reproductive rights without Congress. His appointees would execute his directives.
“The Trump administration doesn’t have to contest FDA restrictions or that EMTALA doesn’t override state bans like Texas and Idaho,” Rebouché noted. “Even without reversing course, expect a different focus.”
On June 27, the U.S. Supreme Court dismissed a case involving Idaho’s abortion ban and EMTALA enforcement, leaving lower courts to decide.
After the dismissal, Xavier Becerra, Health and Human Services Secretary, and Chiquita Brooks-LaSure, Centers for Medicare & Medicaid Services Administrator, reaffirmed EMTALA’s ongoing protections.
In June, the Supreme Court unanimously ruled that challengers lacked standing in a case on mifepristone, preserving its legal accessibility following a controversial Texas court decision that suspended FDA approval.
Mifepristone features in over half of U.S. abortions.
Rebouché discussed whether Trump might enforce the Comstock Act, a 1873 law criminalizing mailing abortion-related items.
The Act’s enforcement depends on Trump’s Justice Department strategy. “Mandate for Leadership” suggests using Comstock to federally ban abortion.
Trump denies knowledge of Project 2025, despite appointing co-author Tom Homan as “border czar.” In October, he posted against a federal abortion ban, advocating for state decisions.
Rebouché remarked on Trump’s nuanced language regarding abortion bans, referencing his October post criticizing Democrats’ alleged late-term abortion stance.
In 2024, voters in 10 states decided on constitutional abortion rights measures. Approvals came from Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York, while Florida, Nebraska, and South Dakota rejected them.
Rebouché emphasized these measures’ protective strength depends on the absence of a national ban or conflicting fetal rights case. She expressed uncertainty about Trump’s administration priorities, noting potential appointments known for opposing abortion access.
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