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No National Abortion Ban, Speaker Johnson Says— Even Under Trump

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Updated May 10, 2024, 12:42pm EDT

Topline

House Speaker Mike Johnson, R-La., told Politico he doesn’t expect a national abortion ban if former President Donald Trump is elected, despite co-sponsoring previous proposals—becoming the highest ranking Republican to reverse course on the issue and follow suit with Trump’s stance that abortion should be decided at the state level.

Key Facts

Johnson said, “no, I don’t,” when Politico asked if he anticipated a national abortion ban if Republicans take control of both chambers of Congress and the White House in November.

He also said he doesn’t foresee Congress passing any abortion legislation before the election.

Describing himself as a “lifelong pro-lifer,” Johnson attributed his shifting stance directly to the former president, telling Politico, “President Trump said this in the states’ purview now.”

Johnson also acknowledged the challenges in convincing both the public and Congress to approve a national abortion ban, telling Politico “we have a long way to go to build the political consensus here to do anything in that regard.”

Trump, after months of uncertainty surrounding his stance on a federal abortion ban, endorsed a state-by-state approach to abortion policy in April.

Key Background

Republicans have largely coalesced behind Trump’s abortion-policy stance, with many abandoning their previous endorsements of national abortion bans. The policy shift comes after the GOP has failed to craft a cohesive messaging strategy surrounding abortion in the wake of Roe v. Wade’s reversal. Party leadership has acknowledged Republicans’ abortion rhetoric was a misstep that contributed to high-profile losses in the 2022 midterm election, effectively preventing the GOP from taking control of Congress and leaving Republicans with a slim majority in the House.

Tangent

Trump suggested he would allow states to prosecute women who receive abortions in violation of state law, or even monitor women’s pregnancies, in an interview with Time magazine last month. “I don’t have to be comfortable or uncomfortable,” he said when asked by a Time reporter if states with abortion bans should punish women who seek access to the procedure, adding, “the states are going to make that decision.”

Contra

While Trump has said he supports a statewide approach to abortion policy, he has also denounced abortion restrictions in Arizona and Florida. Trump urged the Arizona state legislature to “act immediately” to reverse a state Supreme Court decision that reinstated a Civil War-era abortion ban (which the legislature ultimately did do) and he has called Florida’s six-week abortion ban “too harsh” and a “terrible mistake.”

What To Watch For

Democrats and abortion-rights proponents have successfully passed a string of state-level ballot measures to protect reproductive health care and rejected others that would have imposed limitations on the procedure, including in red states such as Kentucky and Ohio. Democrats are hoping similar abortion-rights amendments in the upcoming election will help drive voter turnout, including in Arizona and Florida.

Further Reading

Trump Wants To Leave Abortion Up To States—Ending Months Of Uncertainty On Position (Forbes)

Here Are The Republicans Now Following Trump—And Backing Off A Federal Abortion Ban (Forbes)

Trump Says Prosecuting Women For Abortion Is Up To Individual States (Forbes)

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