Health Experts Warn: Trump Administration’s Impact on Abortion and Contraception Access

WASHINGTON — President-elect Donald Trump faces critical decisions regarding reproductive rights as he gears up for his second administration. Key issues include whether to maintain or alter current access to contraception and abortion services.

While Trump cannot unilaterally enact nationwide laws or bans, his appointments will significantly influence federal policy. During his first term, he restricted Title X family planning grants to health organizations that perform or refer for abortions, despite existing federal abortion funding moratoriums, which allow exceptions only in cases of rape, incest, or when a woman’s life is at risk.

Alina Salganicoff, a senior vice president at KFF, revealed that approximately a quarter of Title X providers withdrew or became ineligible because of these restrictions. “The Title X program funds essential family planning services for low-income individuals, and although it receives under $300 million, it plays a critical role for those without other insurance options,” she noted.

Another significant decision for Trump will be whether to uphold guidance from the Biden administration stating that federal law protects healthcare providers who perform abortions in emergency situations. This guidance stems from the Emergency Medical Treatment and Labor Act (EMTALA) and has fueled legal disputes, particularly between the Biden administration and states enacting strict abortion laws following the Supreme Court’s decision to rescind nationwide abortion rights.

As the legal battle unfolds, U.S. Health and Human Services Secretary Xavier Becerra asserted women’s rights to emergency care, including abortion. Ongoing litigation involves the state of Idaho’s abortion regulations, with oral arguments set for early December in the 9th Circuit Court of Appeals.

The future of medication abortion, which accounts for about 63% of all abortions in the U.S., is another potential area for change without requiring congressional approval. Salganicoff indicated uncertainty regarding whether the FDA would alter the current prescribing guidelines or revoke the approval of mifepristone.

With the Trump administration likely to consider revising recent Biden administration policies that permit telehealth prescriptions for medication abortions, challenges could arise from anti-abortion groups. Salganicoff highlighted concerns regarding recent data indicating that one in ten abortions from states with bans occurred through mail services facilitated by states with protective laws.

Moreover, the Comstock Act—a 19th-century anti-obscenity law—could resurface, potentially restricting the mailing of abortion medications. Although the Biden administration’s Department of Justice concluded it wouldn’t enforce this outdated law, future pressures may prompt a reevaluation under Trump.

Salganicoff asserted that enforcing the Comstock Act would significantly hinder access to medication abortions nationwide, even in states that have bolstered reproductive rights. “This scenario could lead to extensive litigation and challenges,” she said.

Larry Levitt from KFF voiced concerns about misinformation proliferating under the new administration, particularly with the influence of figures like Robert F. Kennedy Jr., who has drawn attention for his anti-vaccine stance. He warned that the government could shift from being a reliable source of public health information to a potential proliferator of misinformation.

Last updated 7:23 a.m., Nov. 11, 2024