During the Trump-Harris debate on 10th September, the question of abortion resulted in several accusing allegations. “Fake news”, approximations, exaggerations, apparently no holds were barred.
Focus on the American context
In the United States, abortion has become a major political issue. Since the decision on 24th June 2022, the United States Supreme Court repealed the Roe vs Wade judgement which established a constitutional federal protection for the “right to abortion”. The legal impact of this reversal means that it is up to each of the 50 American states to define its own legislation on abortion.
The American situation is different from that in France because up till 2022, certain States authorised abortion without specifying any time limit whereas most States permitted abortion until the threshold of viability of the foetus at around the 21st week of pregnancy and under certain conditions up to the term of pregnancy (compared with 14 weeks in France and with no time limit subject to the condition of handicap or danger for the mother). From 2022, some States have restricted the conditions for access to abortion, whereas others have relaxed them.
Whether or not to prohibit abortion
The positions opposing abortion are widely supported by the Republicans. However, the party has reconsidered its position: it considers that an excessively radical position could prevent its accession to power. This inflexion is evident on its new programmatic platform put on line in July 2024. It reflects Donald Trump’s position when confronted by the accusations of his rival Kamela Harris; he claims he does not seek to prohibit abortion but claims to have contributed to the transfer of the decision on the procedure for its legalisation to the States.
During the debate he stated that he personally favours abortion in certain cases (incest, rape, vital danger for the mother).
Late abortions and infanticide
Donald Trump accuses the Democrats of seeking to promote late abortions up to the 9th month and some of being in favour of infanticide after birth.
As proof, he quoted the statement by Ralph Northam, a previous Governor for Virginia, when he was interviewed in 2019 on abortions during the last three months of pregnancy. He was questioned on a proposed bill by the State of Virginia aimed at modifying the law on abortion and facilitating abortions during the last three months of pregnancy. He indicated that at that stage the requests for abortion concerned malformations of the foetus.
He used the following example: “If a mother gives birth, I can tell you exactly what would happen. The infant would be born, and cared for, the infant would be revived if that is the wish of the mother and the family. Then a discussion would follow between the mother and the doctors“. His adversaries interpreted this statement as an approval of infanticide, an interpretation picked up by Mr. Trump.
The Republican candidate also pointed out the positions held by Tim Walz, the vice-president chosen by Kamela Harris, the current governor of Minnesota, who from 2023 reinforced the law on abortion in that State, in particular on the possibility of abortion up to the term of pregnancy.
11 States allow abortion without restriction up to the term of pregnancy — Oregon, Colorado, Maryland, Michigan, Minnesota, New Mexico, New Jersey, Vermont, Maine, Washington DC and Alaska. 17 States have adopted laws to reinforce the “right to abortion” since the decision by the Supreme Court.
Kamela Harris on the other hand claims that in over 20 States, there are prohibitions. On closer inspection, the restrictions vary according to the State in particular concerning time limits or on the reasons for resorting to abortion. The New York Times has just released a status report dated September 2024. It shows that 14 States have adopted laws to restrict abortion to rare cases (mother’s health, rape, incest etc.), 4 States prohibit it after 6 weeks and 4 States have introduced a time limit of 6 weeks, 4 others at 12, 16 or 18 weeks.
Restrictions on access to ART?
Harris accused Trump of wanting to restrict access to artificial procreation. The Democrats fear the introduction of restrictions of access to ART following the court case in Alabama on the status of frozen embryos which were considered as children by the judges.
As a result, the Republicans have indeed introduced a bill aimed at protecting the doctors and clinics who practice IVF from lawsuits if embryos are destroyed, a bill which is supported by Donald Trump. He declared himself as a leader on access to ART, denouncing the attacks by Kamela Harris.
The economical and social aspects
Although not mentioned during the debate, this question would be worth considering. The links between financial problems and resorting to abortion were highlighted in November 2021 in a report[1] by Caitlin Knowles Myers, an economist : “In the absence of federal level policies on maternity leave and on the access to affordable childcare organisations, the United States lack the necessary infrastructures to ensure adequate support for working mothers making the prospect of motherhood financially impossible for some”. Thus, according to the Centers for Disease Control and Prevention (CDC), black women are five times more likely to abort than white women, and Hispanic women twice as likely.
The recent decision by a judge in North Carolina which states that a right to abortion after the adoption of a law in 2023 restricting the conditions of access confirms that the debate is now centred at the State level and no longer at the Federal level. Referendums on the right to abortion are due to be held in several States next November.
