Chethana Janith, Jadetimes Staff
C. Janith is a Jadetimes news reporter covering science and geopolitics.
Former President Donald Trump outlined his stance on abortion for the 2024 campaign, stating his support for leaving the issue to individual states to decide. This approach reflects the legal framework established after the Supreme Court overturned nationwide abortion rights in 2022.
“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,” Trump said in a video shared on Truth Social, his social media platform. “And whatever they decide must be the law of the land, in this case, the law of the state.”
President Joe Biden's campaign quickly responded, arguing that Trump’s position might not align with his actions if he were to return to office. The Biden campaign accused Trump of supporting a potential national ban on abortion and released an ad featuring a Texas woman who was denied an abortion during a medical emergency.
“Donald Trump did this,” the ad declares.
Biden also issued a statement criticizing Trump’s role in creating what he described as dangerous conditions for women. “Because of Donald Trump, 1 in 3 women in America already live under extreme and dangerous bans that put their lives at risk and threaten doctors with prosecution for doing their jobs,” he said. “And that is only going to get worse.”
While Trump’s announcement clarified his position on this contentious issue, it also reignited the ongoing debate over how states have handled abortion laws since the landmark Roe v. Wade decision was overturned. The approach Trump proposes may appear straightforward but is deeply intertwined with the challenges and inconsistencies faced by states in legislating abortion access.
‘Leave it to states’ may not be so simple
The Supreme Court’s 2022 decision in the Dobbs case ended the federal precedent for abortion access, returning the power to regulate the issue to individual states. Since then, states have taken varied approaches, with some imposing strict bans and others implementing protections. The debate over abortion remains unresolved in many areas.
In several states, trigger laws banning abortion came into effect immediately after the Dobbs ruling. Abortion is now largely illegal in states such as Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, South Dakota, Oklahoma, Tennessee, Texas, and West Virginia. Meanwhile, states like Florida, Georgia, Iowa, Kansas, Nebraska, North Carolina, Ohio, South Carolina, Utah, and Wyoming have introduced measures to restrict access in different ways.
Trump acknowledged the patchwork of laws that has emerged following the Supreme Court’s decision.
“Many states will be different, many will have a different number of weeks, or some will be more conservative than others, and that’s what they will be,” he said in his announcement. “At the end of the day, this is all about the will of the people. You must follow your heart, or in many cases, your religion or your faith.”
However, the consequences of these varying laws extend beyond state borders, said Jodi Hicks, president and chief executive of Planned Parenthood of California.
“A healthcare delivery system divided state by state impacts everyone,” Hicks explained. “This is why it’s critical for policymakers to protect fundamental rights and reproductive freedom. There is no way to say it’s just one state or another because we’re all connected when it comes to healthcare.”
The varied approaches states are taking toward abortion laws continue to shape the national landscape. In Arizona, the Supreme Court recently ruled that the state can enforce its 1864 law criminalizing most abortions except when the woman’s life is in danger. However, Arizona for Abortion Access, a reproductive rights advocacy group, claims to have gathered enough signatures to bring the issue to voters in November.
In contrast, California responded to the Dobbs decision by overwhelmingly passing a proposition to enshrine abortion rights in the state Constitution. This measure, approved by nearly 67% of voters, guarantees Californians the fundamental right to choose abortion or contraception.
Kansas also played a key role in shaping post-Dobbs abortion policy. In the first election addressing abortion after the Supreme Court’s decision, voters chose to retain constitutional language protecting reproductive rights. Despite this, state Republicans have continued to challenge these protections. Recently, the state Legislature passed a bill requiring healthcare providers to document patients' reasons for seeking an abortion in a state database, sparking ongoing tensions with Democratic Governor Laura Kelly.
Even in states with strong protections, efforts to codify abortion rights continue. Maryland, for instance, has placed a "reproductive freedom" amendment on the ballot, seeking to add constitutional guarantees for abortion access.
In November, Ohio voters approved a constitutional amendment safeguarding a range of reproductive rights, including access to contraception, fertility treatments, and abortion. The amendment allows for abortion restrictions after fetal viability, determined on a case-by-case basis by the attending physician.
Florida, where Trump resides, is set to vote on a ballot initiative in November to add abortion rights to the state Constitution. The measure, narrowly approved for the ballot by the state Supreme Court in a 4-3 decision, will require 60% voter approval to pass.
These state-level efforts illustrate the complexities of navigating abortion policy after the Dobbs decision, as voters and lawmakers continue to grapple with the issue in diverse ways.
What it might mean for Republicans
The 2022 midterm elections, the first major vote after the Dobbs decision, were widely seen as a referendum on abortion access. Surveys indicated that abortion was a key issue motivating many voters to cast their ballots. While Republicans gained control of the House of Representatives, their overall performance fell short of expectations, with many viewing it as a sign that most Americans support abortion rights.
Since the Supreme Court’s decision to overturn Roe v. Wade, Republican leaders have struggled to unify their messaging on abortion policy.
“The problem is, you have a pro-life movement that has spent 50 years focused on a unilateral goal,” said Jon Fleischman, a GOP political strategist. “It’s become very clear that there isn’t a consensus within the pro-life movement about the next steps. This has led to widespread disagreement on the direction to take.”
Following Trump’s recent comments, several prominent Republicans entered the national debate, advocating for stricter abortion measures.
Senator Lindsey Graham of South Carolina posted on X, disagreeing with Trump’s position and calling for a national minimum standard to limit abortion at 15 weeks, with exceptions for rape, incest, and cases where the mother’s life is at risk. Trump responded on Truth Social, criticizing Graham for what he described as detrimental actions toward the Republican Party.
“Many good Republicans lost elections because of this issue, and people like Lindsey Graham, who are unrelenting, are helping Democrats achieve their dream of controlling the House, Senate, and perhaps even the Presidency,” Trump wrote.
Brian Burch, president of CatholicVote, also weighed in, stating that the federal government has a role to play in abortion policy.
“The federal government cannot abandon women and children exploited by abortion. Leaving abortion policy to the states is not sufficient,” Burch said. He added that a future Trump administration could promote pro-life policies, such as protecting conscience rights, limiting taxpayer funding for abortion, and supporting pro-life states.
Meanwhile, a recent poll by the Kaiser Family Foundation highlighted the divide between political leaders and public opinion. The survey found that 80% of Americans — including 94% of Democrats, 81% of independents, and 70% of Republicans — believe that decisions about abortion should be made by women in consultation with their doctors, not by lawmakers.
These conflicting perspectives reflect the ongoing challenges Republicans face as they navigate the highly charged issue of abortion in an evolving political landscape.
