Trump’s abortion policies scrutinized, Biden administration responds

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President Joe Biden requires hospitals to provide emergency abortions when necessary to save a woman’s life or health, and it eased restrictions on abortion pills, which can now be ordered online. The Susan B. Anthony List, a leading anti-abortion group, said, “Now the work begins to dismantle the pro-abortion policies of the Biden-Harris administration,” adding that Trump’s first-term pro-life achievements serve as a baseline for his second term.

NEW YORK, NEW YORK – SEPTEMBER 11: Democratic presidential nominee, U.S. Vice President Kamala Harris, and U.S. President Joe Biden attend the annual 9/11 Commemoration Ceremony at the National 9/11 Memorial and Museum on September 11, 2024 in New York City. U.S. President Joe Biden, Democratic presidential nominee, U.S. Vice President Kamala Harris, Republican presidential nominee, former U.S. President Donald Trump and Republican vice presidential nominee, U.S. Sen. J.D. Vance (R-OH) joined family and friends at Ground Zero honoring the lives of their loved ones on the 23rd anniversary of the terror attacks of September 11, 2001, at the World Trade Center. Biden and Harris will also attend ceremonies at the Flight 93 National Memorial in Shanksville, Pa, and the Pentagon in Arlington, Va., making visits to all three sites of the terror attacks that killed nearly 3,000 people. (Photo by Michael M. Santiago/Getty Images)

Abortion rights advocates are bracing for more restrictions, especially after reports of women being denied treatment or sent home in dangerous situations, following the Supreme Court’s 2022 decision to overturn Roe v. Wade. Fatima Goss Graves, president of the National Women’s Law Center, said, “We’re seeing the lives of pregnant people be put in jeopardy,” citing cases of infertility, sepsis, and even death.

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The Biden administration’s directive, which extends the federal law requiring hospitals to stabilize patients, including through emergency abortions, is under scrutiny. The Trump administration is expected to reverse this guidance, likely impacting hospitals in states with restrictive abortion laws like Idaho and Texas. Despite this, advocacy groups will continue to fight for the Biden administration’s interpretation of the law in the courts.

Trump has expressed support for exceptions to abortion bans in cases of rape, incest, or when a woman’s life is at risk, but he has not clarified whether he supports exceptions for a woman’s health. In some states, the legal ambiguity surrounding these issues has led to actions like hospitals airlifting women out of state for care.

The Trump administration will likely maintain a patchwork of state abortion laws, with several states like Florida, Nebraska, and South Dakota keeping strict bans, while states like Missouri, Arizona, and Colorado approved abortion rights amendments.

Abortion pill access could also face renewed challenges under Trump. The FDA eased access to mifepristone, the primary medication used in medical abortions, during the COVID-19 pandemic, allowing its distribution via telehealth. Despite its proven safety—adverse effects occur in just 0.32% of cases—anti-abortion advocates argue that the pills are unsafe and should be subject to more stringent controls. The Supreme Court upheld access to the drug earlier this year, but challenges are ongoing in lower courts.

Meanwhile, the ease of obtaining abortion pills has caused concern among some women. Following the 2024 election, telehealth company Wisp saw a 600% increase in abortion pill orders. In states where the medication is restricted, orders for “morning-after” pills spiked by nearly 1,000%. Wisp CEO Monica Cepak said the company would continue to monitor changes under a Trump administration and may shift to a misoprostol-only regimen if restrictions on mifepristone are implemented.

Although Trump has generally supported anti-abortion measures, his stance remains somewhat unpredictable. Mary Ziegler, a reproductive health law expert, noted, “I don’t think we have a clear sense from him about what he would do,” especially after he distanced himself from a national abortion ban during the campaign. Despite strong backing from anti-abortion groups, Trump has shown a willingness to diverge from his allies when it suits his political strategy.

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