The political landscape of the United States has been fraught with contentious issues throughout its history. However, few topics have generated as much controversy and polarization as abortion. During his time in office, former President Donald Trump took a stance on the issue by expressing his support for ‘states’ rights’ concerning abortion. This article delves into how and why Trump decided to back this position.
To understand Trump’s decision, it’s helpful to provide a brief context of the status of abortion rights in the United States. For decades, the landmark Supreme Court case of Roe v. Wade in 1973 has been the foundation of choice, ruling in favor of a woman’s constitutional right to an abortion. However, the opposition to this ruling has been relentless, and many conservatives have long demanded that the decision is overturned. Siding with the notion of ‘states’ rights’, they argue that the authority to regulate abortion should be returned to the states.
As a candidate in the 2016 Presidential Elections, Donald Trump, despite his past support for pro-choice, embraced a pro-life stance, aligning with the essential pillars of the Republican Party. He argued that Roe v. Wade “went too far” in establishing a constitutional right to abortion, and if overturned, the issue should “go back to the states.”
Post his election, Trump echoed a similar sentiment on numerous occasions, solidifying his position. One of the critical moments came during his interview with the CBS show ’60 Minutes’ in 2016, wherein he stated, I would’ve preferred states’ rights. I think it would’ve been better if it were up to the states. But right now, the laws are set… But at some point, we will see. Things will happen.
In 2018, the narrative of ‘states’ rights’ on abortion gained substantial momentum following the retirement of Supreme Court Justice Anthony Kennedy, who was often the swing vote on abortion-related cases. Trump swiftly appointed Brett Kavanaugh, whose pro-life leaning sparked widespread debates about the potential overturn of Roe v. Wade and the consequent fall of decision-making power into the hands of individual states.
The Trump administration’s strategic moves also involved appointing numerous conservative judges to the lower courts, all of whom could potentially vote in favor of curtailing abortion rights, thereby indirectly supporting the ‘states’ rights’ ideology. The eventual stage was thus set for a dramatic shift in the balance of power concerning abortion rights.
Trump’s decision to stand by ‘states’ rights’ on abortion can be viewed as a balance of political pragmatism, shaping the judicial landscape, and harnessing electoral benefits. Aligning with the conservative base, his stance was also likely influenced by an effort to conform to traditional Republican positions and gain support from the party’s conservative base, crucial for his election and then re-election bids.
However, critics of Trump’s ‘states’ rights’ position argue that it threatens to erode women’s reproductive rights nationwide, as many conservative states could enact stringent abortion restrictions or outright bans, creating a postcode lottery for women’s health services.
In essence, Trump’s decision to back ‘states’ rights’ on abortion demonstrated his ability to seize a hot-button issue and use it to his political advantage. Although no longer in office, the influence of his stance on ‘states’ rights’ over abortion continues to reverberate in the ongoing debates related to abortion rights in the United States.
