Following the announcement of Donald Trump as the official president-elect there has been a wave of fear spreading across women regarding losing their reproductive rights, especially access to safe abortion. But is this fear justified, is the right to safe abortion in jeopardy? While the president-elect and vice president-elect have made statements about restricting abortion access, what legal authority do they possess to make such changes?
As scary as this time may seem for many, our government is built on a system of checks and balances meaning outlawing abortion federally is a little more complicated. One of the main obstacles to an abortion ban being passed in the Senate is a filibuster. Filibusters are when senators endlessly debate a piece of legislation to ensure it doesn’t get passed. A filibuster can only be ended by a 60-vote requirement. So even though the Republicans control the Senate by a majority of 53-47 they would need 7 Democrats to support them in moving forward to pass any anti-abortion legislation which would be highly unlikely. This makes highly partisan and divisive legislation like this difficult to pass. While President Trump is very openly against overturning the filibuster it is generally agreed upon by Republicans in the Senate that they support keeping the filibuster. Following the election Senate Minority Leader Mitch McConnell, (R-Ky) said “One of the most gratifying results of the Senate becoming Republican – the filibuster will stand,” So while a federal abortion ban legislation passing through Congress may not be that likely there are other avenues.
So what are the other avenues for Republicans to make access to abortions very limited? One of those is through enforcement of the Comstock Act of 1873. So what does this law from the 1800s do, and why does it suddenly matter? The Comstock Act of 1873 is an old law that banned mailing anything associated with abortion which includes abortion pills as well as all medical devices needed to carry out abortions. However the law was rendered void and forgotten about when abortion was legalized nationwide, but it was never formally appealed. Now that Roe V. Wade has been overturned Republicans see this as their key to limiting abortion rights. In interviews, Trump has claimed that he is not planning on enforcing this act but this is opposite to what his vice president-elect JD Vance’s has said. The conflicting statements made by different members of the Trump campaign have contributed to public apprehension regarding the direction of abortion policies under his leadership. This uncertainty will only be resolved over time when the direction of his policy commitments become more clear.
The potential enforcement of the Comstock Act is just one way Republicans might seek to limit abortion access, but it is far from the only strategy. Another avenue that we have seen be used in the past is through presidential appointments. One of the main powers of the presidents is who they appoint to certain positions. We saw how powerful that can be in Trump’s last term where he appointed the supreme court justices who ended up overturning Roe V. Wade. Appointments to agencies like the FDA could similarly shape abortion access by influencing the availability of drugs used in abortions such as mifepristone.
Aside from the effects this election will have on laws written about abortion, it has already had a substantial impact on the culture of our society. Within hours of the election results, there has been a strong influx of sexist rhetoric across various social media platforms. The phrase “Your body my choice” has taken over the internet to the extent that X saw a 4600% increase in the use of the phrase during election week. Hundreds of men also flooded the internet with posts that mentioned taking away women’s right to vote rose 663% on X. Whether or not Trump is able to put a lot of his far-right Project 2025 views into law is irrelevant; he has already emboldened men to increase sexist comments online. The lack of decorum in this presidential election, with candidates frequently making offensive remarks, has had a significant influence on our country’s culture. When young boys can see people in some of the country’s most powerful positions like JD Vance say that women without kids are “childless cat ladies who are miserable at their own lives,” it just inspires them further.
While the rise in these remarks is scary this election did have some positive effects as well, 7 different ballot measures protecting abortion passed in various states. Not only does this increase protections in those states it shows politicians nationwide how in favor the country is of women’s rights to choose. While obstacles remain, the success of these pro-choice ballot measures sends a clear message to lawmakers: the majority of Americans value and support women’s right to make their own healthcare decisions. This will cause congressmen to think twice when supporting anti-abortion legislation in fear of facing backlash and not winning reelection.In these uncertain times, it’s easy to feel overwhelmed by the news, especially when it comes to safeguarding reproductive rights. The best thing you can do is to fuel this fear into action to help advocate for women’s right to choose across the nation. One of the ways you can be a part of this is by sending emails to your representatives through this link. As well as making sure to educate yourself on the issue so you can advocate for your views in conversations with others. While the future is still uncertain, the collective power of informed, engaged citizens will be crucial in defending reproductive rights and ensuring that the future reflects the values of choice, respect, and equality.