Since his upset election victory two weeks ago, President-elect Donald Trump has suggested his actions as president on a number of fronts — from immigration to investigating Hillary Clinton — will not be nearly as radical as his rhetoric during the campaign indicated.
What Trump has said about abortion since the election, however, continues to alarm activists and delight anti-abortion forces.
In an interview on 60 Minutes last week, Trump reiterated his intention to appoint pro-life justices to the Supreme Court, articulating a litmus test for judges that prior anti-abortion presidents, such as George W. Bush, stopped short of endorsing.
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For those on both sides of the abortion issue, the Supreme Court is everything. While there have been numerous successful attempts by states and Congress in recent decades to restrict access to abortion — notably through regulations that make it harder for abortion clinics to open and operate, as well as bans on certain types of abortion — it will remain a woman's right to terminate a pregnancy unless the Supreme Court overturns Roe v. Wade, which recognized abortion as a constitutional right.
With a Republican in the White House, the potential for a Court that will overturn Roe v. Wade has become a distinct possibility.
The court will likely retain a majority in favor of upholding Roe even after Trump appoints a justice to fill the vacancy created by Antonin Scalia's death last February, but that majority could evaporate with one more retirement or death. Three justices who have ruled in favor of abortion rights throughout their tenures — Stephen Breyer, Anthony Kennedy and Ruth Bader Ginsburg — are 78, 80 and 83-years-old, respectively.
In anticipation of an anti-abortion court, pro-life forces throughout the country are gearing up for a fight to overturn Roe v. Wade. The first part of that process is passing anti-abortion legislation that will prompt a legal challenge. The goal for anti-abortion advocates is to get a legal challenge to the Supreme Court, which would overturn the law.
If Roe v. Wade is overturned, what used to be a federally-protected right would likely become an issue that differs by state. Abortion would likely be banned in many conservative states. In fact, many states still have anti-abortion laws on the books but have not been able to enforce them since the 1973 decision.
As a result, conservative legislators are preparing laws to go into effect in the event of a court decision that returns power to the states on the issue. An Indiana lawmaker has already drafted what he calls the "strongest pro-life bill ever," with the intent of provoking a legal battle over abortion.
Similarly, progressive forces are gearing up protect abortion in as many states as possible.
A statement to the LA Times from Sen. Hannah-Beth Jackson, a member of the California Legislature who chairs the legislative women's caucus, made clear "abortion rights will remain protected here in California due to the strength of our state laws and Constitution."
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