Elizabeth Warren did not hold back in her response to JD Vance’s recent claim that Donald Trump would veto any federal abortion ban if it reached his desk. Vance, the Republican vice-presidential nominee, made the assertion during an interview on NBC’s Meet the Press. Warren, however, was quick to counter, emphasizing that American women are not fooled by these assurances and warning of a much darker reality if Trump and Vance win the upcoming election.
During his Meet the Press interview, JD Vance confidently stated that Donald Trump would veto a federal abortion ban, should such legislation pass through Congress. “He said that explicitly that he would,” Vance told NBC’s Kristen Welker. However, when Welker pressed him on whether Trump had indeed made such a promise, Vance did not provide a clear response.
Donald Trump’s history with abortion rights is a complex and troubling one. Although Vance claimed that Trump would veto a federal ban, Trump has a track record that suggests otherwise. In April, Trump declared that he would not interfere with states imposing strict abortion bans, stating they should be allowed to do “whatever they decide.” Moreover, Trump has repeatedly boasted about his role in ending Roe v. Wade, proudly taking credit for the Supreme Court decision that revoked federal abortion rights. This decision came about thanks to a right-wing Supreme Court supermajority that includes three justices appointed by Trump himself. Furthermore, Trump has previously urged the Senate to pass legislation banning abortion nationwide after 20 weeks of pregnancy.
Elizabeth Warren responded strongly to Vance’s claims, warning that the potential consequences of a Trump-Vance administration could be far more severe than a simple federal abortion ban. Warren specifically highlighted the threat posed by the Comstock Act, a 151-year-old law that could be used to ban abortion nationwide without the need for new congressional legislation. “American women are not stupid and we are not going to trust the futures of our daughters and granddaughters to two men who have openly bragged about blocking access to abortion for women all across this country,” Warren stated.
The Comstock Act, originally passed in 1873, is an anti-obscenity law that bans the mailing of materials related to abortion, among other things. Although it has been largely dormant for decades, Warren warned that it could be revived by a conservative administration to enforce a national abortion ban. The law’s provisions could be used to criminalize the distribution of abortion-related medications and information, effectively banning abortion across the entire United States without the need for new federal legislation.
JD Vance has already shown his willingness to invoke the Comstock Act. In 2023, Vance, along with 40 other Republican lawmakers, called on Attorney General Merrick Garland to enforce the Comstock Act to shut down mail-order abortion services. If Trump and Vance take the White House, they could appoint officials within the Department of Justice who would be eager to enforce this long-dormant statute, thereby restricting abortion access nationwide.
Warren’s warnings about the Comstock Act are particularly chilling in the context of emergency medical care. She expressed concern that women experiencing miscarriages or other pregnancy complications could be denied necessary treatment if abortion is banned nationwide. “So for any woman who’s in the middle of a miscarriage who goes into an emergency room and discovers there’s no medication and no treatment for her because abortion has been banned nationwide, they can thank Donald Trump and JD Vance,” Warren remarked.
The current state of abortion access in the United States is already dire. Since the Supreme Court overturned Roe v. Wade in 2022, 14 states have enacted near-total bans on abortion, leaving 30% of American women living in states where abortion is effectively banned. However, Warren predicts that a Trump-Vance administration would not stop at 30%. She believes that under their leadership, abortion could be banned nationwide, impacting 100% of American women.
The health consequences for women, particularly those facing pregnancy complications, could be devastating. Warren’s concerns about the Comstock Act highlight the potential for women to be denied life-saving medical care, as healthcare providers may fear legal repercussions for providing treatment that could be construed as aiding an abortion.
Public opinion strongly favors protecting abortion rights, with a clear majority of Americans supporting the legality of abortion in all or most cases. Despite this, the political landscape remains fraught with uncertainty. The issue of abortion rights is likely to play a significant role in the 2024 election, particularly among women and young voters, who may view the Trump-Vance ticket as a direct threat to their reproductive freedoms.
In response to the growing threats to abortion rights, Democrats, led by figures like Elizabeth Warren, have been pushing for legislative measures to protect reproductive freedoms. Warren has introduced legislation aimed at repealing the Comstock Act, though it has not yet garnered the 60 votes necessary to advance in the Senate. The effort is part of a broader strategy to raise awareness about the potential consequences of the Comstock Act and to protect the 168 million women living in the United States.
On the Republican side, conservative activists have been developing strategies to further restrict abortion access. The 900-page Project 2025 plan, drafted by a conservative think tank supportive of Trump, calls for the Food and Drug Administration to revoke its approval of the abortion medication mifepristone. The plan also discusses using the Comstock Act to criminally prosecute those who send abortion pills or tools through the mail. Vance’s 2023 letter to Merrick Garland is just one example of how Republicans are laying the groundwork for a nationwide abortion ban.
“The only way that we’re going to protect access to abortion is to have a Democratic Congress, send a bill to Kamala Harris, she will sign it into law, and then we will restore a right to half the population in this country,” said Warren.
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