Trump’s Power to Limit Abortion Access Without Congressional Action

President-elect Donald Trump has promised not to sign a national abortion ban into legislation. Once back at the White House, he could act to drastically curtail abortion rights without waiting for Congress to enact fresh legislation.

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The potential reintroduction of the Comstock Act, a 19th-century anti-vice legislation, is among the most all-encompassing actions Trump may take. Many legal experts believe this legislation might be applied nationally, therefore rendering abortion illegal everywhere. It forbids the distribution of abortion-related items, including pills and other supplies.

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Apart from the Comstock Act, Trump might revive many measures from his first administration meant to restrict access to abortion. He might, for instance, restore the "Mexico City Policy," which forbids U.S. assistance to overseas organizations endorsing abortion rights, and enforce the Title X limits limiting financing for clinics like Planned Parenthood.

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Trump also mandated in 2019 a rule requiring health insurance plans to segregate abortion coverage and reinstating a ban on the use of human fetal tissue in government-funded research. These acts might break through legislative deadlock and fundamentally change the scene of abortion rights in the United States.

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