Republicans Need to Take a Stand on Abortion

By: The Editors, originally published August 27, 2024, National Review

Republicans, led by Donald Trump, are in a headlong retreat on abortion. The latest evidence came this weekend, when Senator J. D. Vance said that Trump would veto a national ban on abortion were Congress to enact one, and implied that he would veto even a ban on abortions late in pregnancy. Before that, Trump said his presidency would be “great for women and their reproductive rights”: the latter phrase being generally used to describe an expansive right to abortion. And before that, Trump said he would not enforce existing federal law against the interstate shipment of abortion implements — and would thus connive at the federal government’s undermining pro-life state laws.

That’s a dereliction of the president’s constitutional duty to enforce the laws, and it’s a far cry from federal neutrality on abortion. It’s one thing for a Republican candidate for national office to say that a federal law against abortion is unattainable, or even undesirable. The first point is accurate at least in the short run, and some sincere pro-lifers believe the second on constitutional or prudential grounds. But the palpable panic among Republicans has reached the point that pro-lifers have to wonder if there’s any difference left between the parties on abortion. Pro-life activists and voters, who have been far too indulgent of Trump, ought to ask him to give them reasons to vote for him.

So far, Trump has not even produced a list of potential Supreme Court nominees for his next term, as he did in his last two presidential runs. He has continued to promise such a list, and he should deliver. But pro-lifers ought to ask for more than a list of conservative justices with backbone. If he wants their support, Trump should also commit to vetoing any federal legislation to enact a national right to abortion or to expand taxpayer funding for abortion.

Both positions are consistent with his rhetoric about abortion so far, and would differentiate him from Kamala Harris — in the latter case, in a way that should appeal to a large majority of voters. If Democrats succeed in repealing the Hyde amendment’s prohibition on funding of elective abortion and imposing a policy of abortion-on-demand in all 50 states, these policies would directly result in tens of thousands of additional abortions each year. Harris and her running mate have both abandoned the field of moderation to any candidate who is less than fully committed to government promotion of abortion at every stage in every situation.

Absent explicit pledges from Trump, it cannot be assumed that he would firmly resist these policies. Not when panic about abortion politics so obviously unites Trump and Trump-skeptical party leaders.

Trump has signaled indifference to states’ decisions about abortion, but this is unsustainable, especially given that his state of residence, Florida, is holding a referendum on abortion. Besides, he has already given his opinion on one aspect of state abortion laws, repeatedly insisting that states should allow abortions in cases of rape and incest. He also attacked six-week abortion bans during the primary, although it was difficult to tell how much this was simply part and parcel of his allergy to anything done by Ron DeSantis. He should announce that he will vote against the Florida referendum, which would mean legal and taxpayer-funded abortion throughout pregnancy in Florida. And he should say more in favor of life: both noting that he is glad that states are protecting unborn life and adding that states should do more to make clear that physicians have full authority to treat complications of pregnancy that threaten women’s physical health. For the Republican ticket to outline that ideal would be doing a favor to pro-lifers — and to itself.

That’s because the Republican fear of abortion politics is overdone even though it is not baseless. Even in the immediate aftermath of Roe’s overturning, no pro-life Republican governor or senator lost an election. That includes several governors who won by large margins even after signing restrictions on abortion into law.

The pro-choice side, which obviously includes much of the media, is energized and confident. Trump and the Republicans cannot mollify it unless prepared to capitulate completely and forfeit any claim to pro-life support. They ought to give pro-lifers hope and political purpose too — which means that they need to find a place where they can take a stable stand.

The Editors comprise the senior editorial staff of the NATIONAL REVIEW magazine and website.