Trump allies plan sweeping restrictions on abortions

Allies of former President Donald Trump and officials who served in his administration are planning ways to restrict abortion rights if he returns to power that would go far beyond proposals for a national ban or the laws enacted in conservative states across the country.

Behind the scenes, specific anti-abortion plans being proposed by Trump’s allies are sweeping and legally sophisticated. Some of their proposals would rely on enforcing the Comstock Act, a long-dormant law from 1873, to criminalize the shipping of any materials used in an abortion — including abortion pills, which account for the majority of abortions in America.

“We don’t need a federal ban when we have Comstock on the books,” said Jonathan F. Mitchell, the legal force behind a 2021 Texas law that found a way to ban abortion in the state effectively before Roe vs. Wade was overturned. “There’s a smorgasbord of options.”

Mitchell, who represented Trump in arguments before the Supreme Court over whether the former president could appear on the ballot in Colorado, indicated that anti-abortion strategists had purposefully been quiet about their more advanced plans, given the political liability the issue has become for Republicans.

“I hope he doesn’t know about the existence of Comstock, because I just don’t want him to shoot off his mouth,” Mitchell said of Trump. “I think the pro-life groups should keep their mouths shut as much as possible until the election.”

The New York Times reported Friday that Trump had told advisers and allies that he likes the idea of a 16week national abortion ban but that he wanted to wait until the Republican primary contest was over to discuss his views publicly.

It’s unclear whether Trump will pursue turning that idea into a more concrete proposal. He has not embraced a national ban publicly, which would be unlikely to win sufficient support in Congress. Such legislation also would affect only a small fraction of abortions, given that nearly 94% happen in the first trimester, before 13 weeks of pregnancy, and would present obstacles for women who experience severe complications later in pregnancy.

Polling indicates that plans banning or severely restricting abortion most likely would be deeply unpopular.

Since Roe fell, support for legalized abortion has gained support. Only about 8% of American adults oppose abortion with no exceptions.