Important Voter Issues, 2024: Abortion

Introduction of the Issue

Definition and Context

Abortion is the medical or surgical termination of a pregnancy. The central debate over abortion concerns whether and how the government should regulate access to this procedure. Advocates for abortion rights emphasize personal freedom and bodily autonomy, while opponents often focus on the moral implications and the rights of the unborn. The outcome of this debate has far-reaching consequences for women’s health, privacy rights, and broader social and political dynamics.

Explanation of the Issue

Abortion is one of the most polarizing issues in American politics, particularly as the 2024 U.S. presidential election between Kamala Harris and Donald Trump approaches. Both candidates, along with their running mates, JD Vance and Tim Walz, represent differing views on abortion that reflect the broader national debate. This discussion touches on individual rights, government intervention, morality, and public health, making it a critical issue for voters to consider.

Historical Background

The legal landscape of abortion in the United States has evolved significantly over the past several decades. The 1973 Supreme Court decision in Roe v. Wade established a constitutional right to abortion, framing it as part of the right to privacy under the 14th Amendment and making it a fundamental right. This decision allowed women to obtain abortions with limited government interference during the first trimester and permitted more state regulation as pregnancy progressed.

Despite this ruling, Roe v. Wade faced persistent opposition, particularly from conservative and religious groups. Over time, numerous state-level restrictions and legal challenges sought to undermine the decision. In 1992, the Supreme Court’s decision in Planned Parenthood v. Casey reaffirmed the right to abortion but introduced the "undue burden" standard, which allowed states to impose regulations on abortion as long as they did not create substantial obstacles for women seeking the procedure.

A major shift occurred in 2022 with the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization. This decision overturned Roe v. Wade and returned the authority to regulate abortion to individual states. As a result, some states implemented near-total bans on abortion, while others moved to protect and expand access, leading to a deeply divided national landscape.

Scope of the Issue

The Dobbs decision has created significant disparities in abortion access across the United States. In states with restrictive laws, women face considerable challenges, including long travel distances to clinics, financial barriers, and legal risks. These challenges are particularly acute for low-income women, women of color, and those living in rural areas, further exacerbating existing healthcare inequalities.

Conversely, states that have chosen to protect abortion rights have implemented measures to expand access, such as providing state funding for abortion services and protecting healthcare providers from legal repercussions. This division has resulted in a patchwork of laws, where access to abortion depends largely on geographic location.

Ideological Viewpoints and Candidates' Stances

Kamala Harris

Kamala Harris, the Democratic presidential candidate, is a strong advocate for protecting abortion rights. Throughout her political career, she has worked to ensure that access to reproductive healthcare, including abortion, remains available to women across the country. As a U.S. Senator, Harris co-sponsored the Women’s Health Protection Act (WHPA), which sought to integrate the protections of Roe v. Wade into federal law and prevent states from enacting restrictive abortion regulations. Although the WHPA passed the House of Representatives, it did not succeed in the Senate.

Harris has also supported efforts to repeal the Hyde Amendment, which restricts the use of federal funds for abortion services except in cases of rape, incest, or when the woman’s life is in danger. As Vice President, Harris has continued to advocate for federal funding for organizations like Planned Parenthood, which provide a wide range of reproductive health services, including abortion. Her platform emphasizes the need to protect abortion access at the federal level, especially in light of the Dobbs decision.

Tim Walz

Tim Walz, the Democratic vice-presidential candidate, shares Harris’s commitment to protecting reproductive rights. As Governor of Minnesota, Walz has taken several actions to ensure that abortion access remains available in his state. He signed an executive order that protects individuals who seek or provide abortions in Minnesota from legal repercussions from other states. Additionally, Walz has supported state funding for reproductive health services and opposed efforts to restrict access to abortion.

Walz has also focused on expanding access to reproductive healthcare in Minnesota, ensuring that women, regardless of income or location, have access to necessary services. His efforts reflect the broader Democratic platform’s commitment to safeguarding reproductive rights in the wake of the Dobbs decision.

Donald Trump

Donald Trump, the Republican presidential candidate, holds a firm stance against abortion. During his presidency, Trump took significant actions to restrict abortion access both domestically and internationally. One of his early actions was reinstating and expanding the Mexico City Policy, which prohibits U.S. federal funding to international organizations that provide or promote abortion services. Trump also supported efforts to defund Planned Parenthood and endorsed the Pain-Capable Unborn Child Protection Act, which aimed to ban abortions after 20 weeks of pregnancy. Although this bill did not pass, it highlighted Trump's commitment to advancing anti-abortion legislation.

One of Trump's most significant impact on abortion policy was through his appointments to the Supreme Court. He appointed three conservative justices—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—who were instrumental in the Dobbs decision that overturned Roe v.Wade. His platform for the 2024 election includes continued efforts to restrict abortion access, including support for a national 15-week abortion ban.

JD Vance

JD Vance, the Republican vice-presidential candidate, aligns closely with Trump’s anti-abortion stance. As a U.S. Senator from Ohio, Vance has supported several legislative efforts to restrict abortion access. He has voiced strong support for a national 15-week abortion ban and has praised the Supreme Court's decision to overturn Roe v. Wade.

Vance co-sponsored the Life at Conception Act, which seeks to grant legal personhood to fetuses from the moment of conception, effectively banning abortion nationwide. He has also supported efforts to defund Planned Parenthood and other organizations that provide abortion services. Vance’s legislative record and public statements reflect his commitment to advancing anti-abortion policies in line with the broader Republican platform.

Case Law

Roe v. Wade (1973): Established the constitutional right to abortion, framing it within the right to privacy under the 14th Amendment. The decision allowed for abortion with minimal government interference during the first trimester and permitted states to regulate it more heavily in later stages of pregnancy.

Planned Parenthood v. Casey (1992): Reaffirmed the right to abortion established in Roe v. Wade but replaced the trimester framework with the "undue burden" standard, allowing states to impose regulations as long as they did not create substantial obstacles for women seeking the procedure.

Dobbs v. Jackson Women’s Health Organization (2022): Overturned Roe v. Wade and returned the power to regulate abortion to individual states. The decision has led to significant variations in abortion access across the United States, with some states enacting restrictive laws and others protecting abortion rights.

Areas of Debate

- Federal vs. State Authority: The Dobbs decision has reignited the debate over whether abortion rights should be determined at the federal level or by individual states. Supporters of federal protections argue that access to abortion should not depend on a woman's geographic location, while opponents argue that states should have the authority to regulate abortion based on the values and beliefs of their populations. Kamala Harris is in support of legislation that protects abortion rights nationally whereas Donald Trump wishes to keep abortion rights in the hands of individual states. 

- Impact on Marginalized Communities: Restrictive abortion laws disproportionately affect low-income women, women of color, and women living in rural areas. These communities often face greater challenges in accessing reproductive healthcare, raising concerns about healthcare equity and social justice.

- Moral and Ethical Considerations: The moral and ethical implications of abortion, including differing views on when life begins and the rights of the unborn, remain central to the debate. These considerations influence public opinion, the positions of political candidates, and the direction of legislative and judicial actions.

Bibliography

1. Roe v. Wade, 410 U.S. 113 (1973).

2. Dobbs v. Jackson, 597 U.S. 215 (2022).

3. Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992)

4. Beard, McKenzie, et al. “Kamala Harris’s Abortion Policies, Explained.” The Washington Post, 10 Sept. 2024, www.washingtonpost.com/politics/interactive/2023/presidential-candidates-2024-policies-issues/kamala-harris-abortion.

5. Blakemore, Erin. “How U.S. Abortion Laws Went From Nonexistent to Acrimonious.” History, 11 Apr. 2023, www.nationalgeographic.com/history/article/the-complex-early-history-of-abortion-in-the-united-states.

6. Kurtzleben, Danielle. “Where the Republican Presidential Candidates Stand on Abortion.” NPR, 16 Nov. 2023, www.npr.org/2023/11/16/1213006071/republican-candidates-abortion-rights.

7. World Health Organization: WHO. Abortion. 17 May 2024, www.who.int/news-room/fact-sheets/detail/abortion.

8. “Where JD Vance Stands on Abortion, Based on 6 of His Statements.” NBC News, 20 July 2024, www.nbcnews.com/health/womens-health/jd-vance-abortion-stance-rcna162086.

9. “With Harris and Walz, Democrats Put Abortion Rights at the Top of the Agenda.” NBC News, 20 Aug. 2024, www.nbcnews.com/health/womens-health/tim-walz-abortion-rights-ivf-strong-supporter-rcna165390.