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Imminent Threat: Trump and His Team Aim to Ramp Up Abortion Restrictions

An extended line-up of nominees for the Trump Administration’s seats in the Cabinet and other administrative roles are currently under scrutiny for confirmation. These imminent leadership changes are bound to heavily influence every sector from healthcare to economic policy. Furthermore, fixtures within the Trump Administration will likely have the power to influence the accessibility to abortion services, sometimes from unexpected quarters. According to leading health and legal practitioners, there is much speculation that the Trump Administration might intensify restrictions around abortion access. Elizabeth Sepper, a prominent authority on the matter, perceives the Project 2025 as a potential blueprint for Trump’s Administration’s actions to make abortion access more challenging, even in states where it is generally straightforward to access now.

However, predicting the exact nature of actions the Trump team might take remains elusive. Indeed, Trump certainly displayed his resolve for action by taking bold steps in areas like immigration and gender identity on his very first day in office. Yet he was tight-lipped about any policy decisions relating to abortion.

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In the event of their confirmation, Trump’s nominees could shape abortion policy in significant ways. Public health experts have shown concern over Robert F. Kennedy Jr.’s nomination as head of the Department of Health and Human Services (HHS) due to his skeptical position on vaccines. Notably, RHK’s stand on abortion, like Trump’s, has encountered both sides of the debate: he had earlier shown support for a federal ban on abortion after the first trimester, only to later opine that abortion ‘should be legal up until a certain number of weeks, and restricted thereafter.’

With HHS governing major health agencies such as the FDA and CDC, RFK would have sway over these organizations if his nomination is confirmed. There’s room for speculation that RFK might take significant action regarding mifepristone, even without the FDA’s approval.

Dr. Marty Makary, a surgical oncologist at Johns Hopkins University, stands to become a key figure in regulating the abortion medication mifepristone, if confirmed to lead the FDA. The FDA originally approved mifepristone for abortion in 2000. It appears most plausible that, if Makary intervenes with mifepristone protocol, he would more likely retract the telehealth changes and reinstate mandatory in-person dispensation of mifepristone, rather than outright banning the drug.

The consequences of such an action could be severe in terms of abortion access; medication-induced abortion accounted for more than 60% of all abortions within the U.S. healthcare system in 2023, which many individuals obtained via telehealth services.

Pam Bondi, serving previously as Florida’s attorney general, supported abortion restrictions including mandatory waiting periods. She echoed this sentiment in her Senate confirmation hearing, stating she has ‘always been pro-life.’ If confirmed to lead the Department of Justice (DOJ), Bondi could use the Comstock Act, a Victorian era anti-obscenity law, to restrict abortion access further.

The DOJ’s Office of Legal Counsel clarified that the law does not prohibit the mailing, delivery, or receipt of legal medication abortion. Yet, it’s conceivable that under Bondi’s leadership, the Trump Administration’s DOJ could release a fresh memo suggesting that the Comstock Act can be applied to prohibit the mailing of abortion pills.

Prominent detractors of abortion like Doug Collins, a former Republican congressman from Georgia, and Pete Hegseth, co-host of Fox News Channel, are expected to roll back protections, instituted during the Biden period, for veterans and active service members if their confirmations are successful.

Marco Rubio, Trump’s Secretary of State, who was confirmed recently, has publically stated his opposition to abortion. Assuming his office, he has the authority to enforce the Global Gag Rule if President Trump decides to reinstate it. The rule prevents U.S. federal funding from being made available to foreign non-governmental organizations providing abortion counseling, services, or referrals.

Trump had brought back this policy during his first term, a regulation often initiated by Republican Administrations and later repealed by Democratic ones.

Dr. Dave Weldon was nominated to oversee the CDC. With the CDC responsible for amassing health data nationwide, it’s plausible that under Weldon’s direction, it might impose additional reporting requirements related to abortion upon states.