Reproductive Rights in the Trump Administration: What to Expect

The inauguration is less than 2 weeks away. Here’s what to expect for reproductive rights under the new administration.

Donald Trump’s first administration as US president attacked women’s rights and reproductive rights across a broad range of issues:

undermining access to birth control
eroding efforts to end the pay gap between genders
weakening Title IX—the law banning sex discrimination in public education
appointing judges to the Supreme Court that resulted in ending federal protection of abortion rights

Trump’s position on reproductive rights has varied widely.

March 2024: Signaled support for a nationwide ban on abortions after 15 weeks’ gestation.
As president: Supported a House bill that would have banned abortion nationwide after 20 weeks.
During his 2016 campaign: Pledged to appoint Supreme Court justices who could help overturn Roe v. Wade. He accomplished that goal and has at times boasted about it.
Vice President-elect JD Vance: Suggested that he would support a national law limiting abortion. More recently, he adopted Trump’s stance of letting states decide.

Because of these inconsistencies, policy experts say there’s no clear road map for the future of abortion in a second Trump administration — though they offer some theories.

A national abortion ban is unlikely.

A national abortion ban, if approved by Congress, would override state-level protections. Even with Republicans controlling the House, that kind of federal restriction is unlikely. Trump has said he wouldn’t sign such a ban. (He has declined to say, however, whether he would veto one if it landed on his desk.)

Restriction of abortion pills is more likely.

Experts suggest that threats to medication abortion is what to watch most closely, especially in the first months and year of this administration. Medication abortions accounted for 63% of all abortions in the country last year.

The majority of Americans support abortion rights.

Currently, 64% of Americans say abortion should be legal in all or most cases. Just 9% of Americans believe that abortion should be illegal in all cases. Abortion is protected by state law in 21 states and the District of Columbia. During the November 2024 election, 7 states voted to enshrine a right to abortion.

What would abortion pill restrictions look like?

The Comstock Act

This (dormant) 1873 law prohibits mailing “obscene” materials. A broad interpretation of the Comstock Act might allow the Justice Department to hold people criminally liable for administering surgical and medication abortions, since it could be argued that the law doesn’t allow distribution of abortion pills or medical equipment used in abortion procedures.

Note: “Any attempts to misuse that law to ban abortion nationwide, whether that’s banning medication abortion or all abortions nationwide, would be met with really fierce opposition, both politically and legally” -Katie O’Connor, senior director of federal abortion policy at the National Women’s Law Center.

FDA Restrictions

FDA leaders could roll back access to abortion medication, reinstituting a requirement that abortion pills be dispensed in person. They could also try to rescind the licensing of the drug altogether.

What can you do?

Learn about abortion laws in your state. Find out where all your lawmakers stand on abortion rights.
Speak up and activate your network. Find out about your local advocacy organizations and state coalitions supporting abortion rights and access.
Donate to abortion funds or directly to independent abortion clinics.

Around the world, reproductive rights activists are more organized and coordinated than ever, using every space possible not only to change legislation but also to make communities understand the dangers that come with restricting access to crucial health care.