Gavin Howe
Kamala Harris has made abortion a central issue in her bid for the White House, pledging that if elected, she will expand and protect women's ability to terminate a pregnancy. Harris has committed to ending abortion coverage restrictions and has indicated her support for abortion access and other forms of reproductive healthcare. However, it is uncertain how much a potential Harris administration could do to restore a national right to abortion. Harris has promised that if she is elected president and pro-reproductive freedom majorities are elected to Congress, she will work with Congress to enact federal protections for abortion.
| Characteristics | Values |
|---|---|
| Harris's stance on abortion | Harris has been vocal about her support for abortion rights and has made it a central issue in her bid for the White House. |
| Harris's plans if elected | Harris has promised to work with Congress to pass a federal bill to codify abortion rights and sign it into law within the first 100 days of her presidency. She also plans to end the Hyde Amendment and eliminate the threat of misusing the Comstock Act as a national abortion ban. |
| Potential challenges | Harris's administration might find it difficult to restore a national right to abortion, but it can take other steps to protect access. One challenge is the filibuster in the Senate, which requires a supermajority to pass legislation. |
| Impact on voters | Harris's frank talk about abortion and its impact on women's health might energize voters, especially female voters in the Democratic Party who wish to terminate their pregnancies. |
| Impact on national conversation | Harris's willingness to speak freely about abortion could mark a turning point in the national conversation about women's health and reproductive freedom. |
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What You'll Learn
- Harris' commitment to ending abortion coverage restrictions
- The potential misuse of the Comstock Act as a national abortion ban
- Harris' rejection of religious exemptions for abortion
- The role of the Hyde Amendment in restricting Medicaid coverage for abortion
- The impact of a Harris administration on abortion access
Harris' commitment to ending abortion coverage restrictions
Kamala Harris has made abortion a central issue in her bid for the White House, pledging that if elected, she will expand and protect women's ability to terminate a pregnancy. Harris has committed to ending abortion coverage restrictions and, if elected, has promised to restore reproductive freedom by taking bold action to ensure that everyone can get an abortion if they need one, no matter who they are, where they live, or how much money they have.
Harris has promised to end the Hyde Amendment, which places restrictions on Medicaid coverage for abortion and has forced one in four low-income women seeking abortions to carry an unwanted pregnancy to term. The Biden-Harris administration took steps to remove this harmful restriction and, if elected, Harris is expected to build on this progress and fulfill her campaign commitments. Harris has also committed to working with Congress to pass a federal bill to codify abortion rights. She has promised to introduce a "clean" presidential budget with no policy riders containing abortion coverage restrictions and to work with Congress to keep coverage bans out of final appropriation bills.
Harris has also indicated her support for eliminating the filibuster in the Senate, which would allow bills to pass with a simple majority instead of the 60 votes currently required to end debate over legislation. This would enable her to overcome opposition from anti-abortion lawmakers in the Senate and enact federal protections for abortion rights.
The ACLU has outlined a roadmap for protecting abortion access and advocating for improved reproductive health care protections under a potential Harris presidency. They plan to use multiple tactics to demand urgent action from Congress, including lobbying key lawmakers and mobilizing their members and supporters. The ACLU will also continue to challenge efforts by politicians to erect medically unnecessary barriers to abortion care, such as bans on the use of telemedicine for abortion care and mandatory delay laws. They will also work to protect access to abortion and contraception for immigrants, including making emergency contraception available to immigrants detained at the border.
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The potential misuse of the Comstock Act as a national abortion ban
The potential misuse of the Comstock Act of 1873 as a national abortion ban is a serious threat that must be eliminated. The Act is a series of provisions in federal law that criminalize the involvement of the United States Postal Service and common carriers in conveying obscene matter, crime-inciting matter, or certain abortion-related matter. While the Act has been amended multiple times and its scope of enforcement has narrowed, anti-abortion advocates are pushing for a broader and more literal interpretation of the Act's text.
This interpretation, if successful, would ban the mailing of anything that can be used to produce an abortion in all circumstances and states, including those where abortion is permitted. It would cut off access to abortion pills, medical instruments, and materials used by healthcare providers, effectively constituting a nationwide abortion ban. This strategy has already gained traction in courts, with anti-abortion organizations asking federal courts to interpret the Act as prohibiting the mailing and distribution of mifepristone, a medication abortion pill.
The threat of misusing the Comstock Act is particularly concerning given the current political landscape. In the aftermath of the Supreme Court's decision to overturn Roe v. Wade, extreme politicians have increased their attacks on reproductive freedom, with 14 states completely banning abortion and others severely limiting access. A Harris administration would face challenges in restoring a national right to abortion but could take several steps to protect access. Harris has committed to ending abortion coverage restrictions and working with Congress to pass a federal bill to codify abortion rights.
To address the potential misuse of the Comstock Act, the ACLU has asked lawmakers to introduce the Stop Comstock Act and urged any legislation codifying abortion rights to also repeal the Act. Additionally, they have called on a potential Harris administration to robustly defend pregnant people's rights and ensure hospitals satisfy their obligations under the Emergency Medical Treatment and Labor Act (EMTALA). These efforts are crucial to preventing the misuse of the Comstock Act as a tool to restrict abortion access and to protecting reproductive freedom.
The possibility of misusing the Comstock Act to ban abortion nationwide should not be underestimated. While it is not part of the federal constitution, it is a statute that can be more easily amended or repealed. Therefore, it is essential for Congress to take proactive steps to repeal the Act and for voters to elect members of Congress who support this repeal.
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Harris' rejection of religious exemptions for abortion
Kamala Harris, the Democratic nominee for president, has made abortion a central issue in her bid for the White House. She has pledged to expand and protect women's ability to terminate a pregnancy. Harris has committed to ending abortion coverage restrictions and has promised to work with Congress to pass a federal bill to codify abortion rights. She has also promised to end the Hyde Amendment, which places restrictions on Medicaid coverage for abortion.
Harris has rejected the idea of religious exemptions for abortion, saying that it is a fundamental freedom to make decisions about one's own body. In an interview with NBC News, Harris was asked if she would consider "making concessions" on abortion if she were to win the White House, to which she replied:
> I don't think we should be making concessions when we're talking about a fundamental freedom to make decisions about your own body.
Harris's rejection of religious exemptions for abortion is consistent with her record as a senator. In 2019, she introduced the Do No Harm Act, which would have scaled back religious liberty exemptions to government mandates that exist in the Religious Freedom Restoration Act. The proposed law would have eliminated religious exemptions to any coverage related to abortion, contraception, transgender surgeries, or any other health care issue. However, it failed to make it out of the Senate Judiciary Committee.
Harris's comments have sparked criticism from religious groups, who argue that her agenda threatens religious liberty and the First Amendment. The Biden-Harris administration has also faced opposition for its policies on abortion, including a rule promulgated by the Department of Health and Human Services in 2022 that sought to force all hospitals, including Catholic hospitals, to provide abortions if it constituted stabilizing treatment under the Emergency Medical Treatment and Labor Act (EMTALA).
While Harris has expressed support for eliminating the filibuster in the Senate, which would allow abortion-related legislation to pass with a simple majority, it is uncertain whether Democrats will secure a majority in the Senate in the upcoming election. As a result, it may be difficult for a potential Harris administration to restore a national right to abortion, and it would likely have to focus on protecting access rather than enacting new protections.
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The role of the Hyde Amendment in restricting Medicaid coverage for abortion
The Hyde Amendment has been in place since 1976/1977, banning the use of federal funds for abortion services. This means that Medicaid cannot be used to cover abortions, even when a patient's health is at risk. It has been attached as a temporary "rider" to the annual Congressional appropriations bill for the Department of Health and Human Services (HHS) and has been renewed annually by Congress. The amendment has been criticised for interfering with the private health decisions of patients and their doctors and for disproportionately affecting people of colour, who are more likely to be enrolled in Medicaid.
The Hyde Amendment has been extended to other federal health insurance programs, including coverage for federal employees and their families, military personnel and their families, Native Americans, Alaskan Natives, and inmates in federal prisons. This has resulted in people seeking abortions being penalised and forced to pay out-of-pocket, even if they cannot afford to do so.
The Biden-Harris administration took steps to remove the Hyde Amendment, and if elected, Harris has committed to ending abortion coverage restrictions. The ACLU has urged Harris to aggressively demand that Congress pass legislation that meaningfully protects abortion rights and access.
However, removing the Hyde Amendment from the appropriations bill would not automatically grant abortion coverage to women covered under other programs with similar restrictions. Additional congressional action would be required to change the authorizing laws for certain groups, such as those covered by Indian Health Services, TRICARE, or Veteran Affairs.
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The impact of a Harris administration on abortion access
The election of a Harris administration would have a significant impact on abortion access in the United States. Harris has made abortion a central issue in her bid for the White House, and her candid stance on abortion has the potential to shift the national conversation about women's health. She has pledged to expand and protect women's ability to terminate a pregnancy, and her commitment to this issue could energize voters, particularly those who support abortion access.
Harris has promised that, if elected, she will work with Congress to pass a federal bill to codify abortion rights and sign it into law within the first 100 days of her presidency. She has also committed to ending abortion coverage restrictions, such as the Hyde Amendment, which places restrictions on Medicaid coverage for abortion. This would improve access for low-income women, as the Hyde Amendment has forced one in four low-income women seeking abortions to carry an unwanted pregnancy to term. Harris has also rejected the idea of religious exemptions for abortion, stating that it is a fundamental freedom for women to make decisions about their own bodies.
A Harris administration would likely face challenges in restoring a national right to abortion, but there are several steps it could take to protect and improve access. This includes opposing efforts to invalidate the FDA's approval of mifepristone, a medication used to terminate pregnancies, and fighting legal challenges to further restrict abortions, such as state laws that ban emergency abortion care. The administration could also work to ensure that hospitals satisfy their obligations under the Emergency Medical Treatment and Labor Act (EMTALA), which requires hospitals that receive Medicare funds to provide emergency stabilizing treatment, including abortion, to any patient who needs it.
Additionally, Harris has indicated support for eliminating the filibuster in the Senate, which would allow abortion-related legislation to pass with a simple majority instead of the currently required 60 votes. This would be an important step in getting legislation passed in the Senate, as without filibuster reform, anti-abortion lawmakers could block abortion protections. The ACLU has laid out a roadmap for a potential Harris administration to follow in protecting abortion access and improving reproductive healthcare protections, and they plan to use every tool available to ensure that Harris delivers on her promises if elected.
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Frequently asked questions
Harris has made abortion a central issue in her bid for the White House, pledging that if elected she will expand and protect women's ability to terminate a pregnancy. She has also promised to end the Hyde Amendment, which places restrictions on Medicaid coverage for abortion.
Harris has committed to ending abortion coverage restrictions and, if elected, she will be urged to carry out this commitment by demanding that Congress pass legislation that protects abortion rights and access. She has also said that she would reject religious exemptions for abortion as president, effectively forcing health-care providers to perform the procedure in violation of their moral conscience.
Harris has said that she would refuse to compromise with Republican lawmakers on abortion legislation and that she wants to restore the protections of Roe v. Wade. She has also led the White House’s efforts to protect reproductive health care access and is the first sitting Vice President or President to visit an abortion clinic.
A Harris administration would likely find it difficult to restore a national right to abortion. Anti-abortion groups and politicians have been continuously working to erect barriers to abortion care and push for bans at the state level. Additionally, the filibuster in the Senate gives the minority party an effective veto, requiring a supermajority to get legislation passed.
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