If Republicans win control of Congress in this year’s midterm races, it’s not a matter of if they’ll pursue a national ban on abortion, but rather, how far such a ban would go.
There are currently no federal laws prohibiting abortions. The Supreme Court decided last month to repeal the abortion rights protections that had been in place. Roe v. Wade, however, several state laws restricting abortion that were on the books from before that ruling was made went into effect, as well as “trigger laws” that could only be enforced if Roe The decision was reversed.
Now, GOP lawmakers are discussing ways to implement a federal banThey should control both houses of Congress next. There are a variety of proposals in the works, from bans based upon how many weeks a woman is pregnant to bans that ban abortion at any stage.
For example, Rep. Chris Smith (Republican from New Jersey) has introduced legislation in 2015 & 2017 that would prohibit the procedure at 20 weeks. He has now changed his proposal to a ban of 15 weeks, which House Minority Leader Kevin McCarthy (R.California), who is the presumed next Speaker if Republicans win this year, said he would support.
Another proposal would go even further. Rep. Alex Mooney (R-West Virginia) is sponsoring “The Life at Conception Act,” which is cosponsored by 163 other GOP members of Congress. The bill would effectively ban all abortions from the moment an egg is fertilized — a definition that is inconsistent with what medical experts sayThis is when a woman’s pregnancy begins. Only half a page long the bill does not make any explicit exceptionsFor rape, incest, or the health and well-being of a pregnant person.
Some Republicans have stated they are against bans at the federal level. Rep. Kevin Hern (R-Oklahoma), for example, believes that his party should be consistent with what they’ve previously pushed for, maintaining that the matter should be decided “at the state level.”
Hern is likely to be in the minority, as GOP stalwarts indicate that they too would be open for a national ban.
Former Vice President Mike Pence is considering a run for the presidency in 2024 immediately after the Supreme Court reaffirmed abortion rights in its recent decision. expressed hope for a ban “in every state of the land.” And in May, after a leaked document suggested that the Court was set to overturn Roe, Senator Minority Leader Mitch McConnell (R.Kentucky), said that he could see a future where Republicans would push for an federal ban.
“If the leaked opinion became the final opinion, legislative bodies — not only at the state level but at the federal level — certainly could legislate in that area,” McConnell said.
It would be difficult for any bans to pass during the next congressional term. The Senate filibuster would still be in place, and it’s likely that President Joe Biden would veto any proposal, even if it was able to pass in both houses of Congress.
Many observers believe that Republicans could still enact abortion bans. ending the filibuster if they win Congress, in spite of the party’s repeated defenses of the rule. Even if Republicans win the presidency, there will be no way to stop a national abortion law from being passed.
