How Trump could execute Project 2025 policy on key issue — without Congress

25 October 2024

Realizing how much of a political liability abortion has become for Republicans, Donald Trump recently claimed that as president, he would veto a national abortion ban if it were passed by Congress.

Similarly, Sen. Ted Cruz (R-Texas) — who is facing a surprisingly close race against Rep. Colin Allred (R-Texas) — was evasive about the possibility of a national abortion ban when interviewed by NBC News' Ryan Nobles. And Cruz argued that abortion is a states' rights issue, insisting that Trump would not sign into law a national abortion ban if he wins the 2024 election.

But in her October 25 column, the Washington Post's Catherine Rampell explains how Trump could limit abortion access by executive order.

"Would Donald Trump try to ban abortion nationwide if he returns to the White House?" Rampell writes. "His allies have dodged the question by saying it's irrelevant, because the policy is unlikely to get enough votes to pass Congress. Trump himself has said he would refuse to sign any such legislation. Thing is, he wouldn't need to: The next president could sharply limit access to reproductive care nationwide unilaterally, through administrative action alone."

The Post columnist adds, "As incoherent as Trump's many abortion stances have been, there are plenty of signs he would choose this path."

Rampell references the "ongoing legal fight over whether hospitals must provide abortion care when necessary to prevent serious harm to the mother's health."

"There's already a federal law requiring hospitals to provide 'stabilizing treatment' to patients experiencing emergencies," Rampell explains. "The Biden Administration has instructed states and hospitals that this legally-required stabilizing treatment includes abortion care. This guidance has been the subject of multiple federal lawsuits, with states such as Texas arguing that their abortion bans can't be preempted by federal law."

Rampell adds, "If Trump returns to office, he could easily stop defending the Biden interpretation in federal court — or more simply, just withdraw the Biden guidance entirely. This is precisely what Project 2025, the policy playbook written by scores of Trump aides, recommends he do."

Catherine Rampell's full Washington Post column at this link (subscription required).

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