Hours after Joe Biden announced his re-election campaign on Tuesday, his vice-president and 2024 running mate, Kamala Harris, delivered a fiery call to action for voters alarmed by the loss of constitutional protections for abortion.
“This is a moment for us to stand and fight,” she said to a packed auditorium at Howard University, a historically Black college in Washington and her alma mater. To the “extremist so-called leaders” rolling back access to reproductive rights, Harris warned: “Don’t get in our way because if you do, we’re going to stand up, we’re going to organize and we’re going to speak up.”
Across the Potomac, Republican presidential candidate Nikki Haley appealed for a “national consensus” on abortion in a carefully worded speech delivered earlier that day from the Arlington headquarters of a leading anti-abortion group. Sidestepping the thorny policy debates already animating the Republican primary contest, she said her focus was on “humanizing, not demonizing” the conversation around abortion.
“I believe in compassion, not anger,” she said. “I don’t judge someone who is pro-choice any more than I want them to judge me for being pro-life.”
Nearly a year after the supreme court’s decision to overturn Roe v Wade, the battle over abortion rights is shaping the opening stages of the 2024 presidential contest.
In dueling speeches this week, Harris and Haley previewed sharply contrasting approaches to an issue that is energizing Democrats and dividing Republicans. It’s a sign of just how dramatically abortion politics have shifted in the post-Roe era.
Republicans, who for decades championed the anti-abortion agenda of the religious right, are now wavering on their positions, no longer sure of how to navigate an abiding principle of American conservatism in their quest to win control of the White House and Congress.
Meanwhile, Democrats running for office at every level of government – from the presidential ticket on down – are placing abortion rights at the heart of their campaigns, presenting themselves as bulwarks against Republican extremism on the issue. It was a strategy the party used to surprising success in the 2022 midterm elections last year, when voters in red states, blue states and swing states resisted attempts to advance abortion restrictions.
And it worked again earlier this month, when a liberal judge won a pivotal Wisconsin supreme court race after clearly telegraphing her support for abortion rights. Her victory likely guarantees the court’s new liberal majority will strike down the state’s 1849 abortion ban.
“This is a defining issue for millions and millions of Americans,” said Cecile Richards, a former CEO of Planned Parenthood who is now a co-chair of Democratic Super Pac American Bridge 21st Century. Abortion rights, she predicted, would be “even more important” in 2024 than they were last year, as Americans grapple with the consequences of abortion bans and restricted access.
“I think the harm to American people, to women, to families is going to continue to be on display and that you can lay directly at the feet of the Republican party,” Richards said.
Democrats are almost universally aligned in their support for abortion rights, and largely unified in their messaging: Republicans, they warn, will not stop until abortion is outlawed in all 50 states.
“Their ultimate goal is clear: a total ban on abortion nationwide,” the Democratic senator Dick Durbin of Illinois said this week, in remarks opening a committee hearing titled “The Assault on Reproductive Rights in a Post-Dobbs America”.
The high court’s June decision in Dobbs v Jackson Women’s Health, he said, “paved the way for activist judges and Republican lawmakers to try to impose their anti-choice agenda on everyone else, even in states that have protected the right to abortion”.
During the session, Democratic senators assailed a ruling earlier this month by a conservative judge in Texas to suspend the Food and Drug Administration’s approval of the abortion pill mifepristone. Republicans, meanwhile, were largely muted in their response to the decision.
If allowed to stand, the Texas order would have far-reaching implications for access to one of the most common methods of terminating a pregnancy in the US, including in places where abortion remains legal. For now, the supreme court ordered the pill to remain widely available while the appeals process plays out.
Republicans are divided over how to counter the attacks. Some Republicans have argued that abortion is a matter best left to the states, a position recently endorsed by Donald Trump. Susan B Anthony Pro-Life America (SBA), one of the most powerful anti-abortion groups, fired back with a warning to the party’s 2024 hopefuls: any candidate who does not endorse a national ban on abortions after 15 weeks of pregnancy will not receive their support.
The rift between Trump and the movement leaders who once anointed him the “most pro-life” president in history for his role delivering the conservative supreme court majority that struck down Roe underscores the challenge for Republican candidates as they seek to appeal to their party’s socially conservative base in the primary without alienating independents and swing voters in a general election.
Haley sought to strike that balance In her speech from SBA’s headquarters this week. Emphasizing her “pro-life” record both as the governor of South Carolina and Trump’s ambassador to the UN, she said there was a role for the federal government to play in regulating abortion, but largely avoided specific policy prescriptions.
In a statement after the speech, SBA said Haley had made “clear” to the group that she was committed to “acting on the American consensus against late-term abortion by protecting unborn children by at least 15 weeks”. (A spokesman for the Haley campaign said she wanted to build “consensus to ban late-term abortion” but did not say whether she supported such a proposal. SBA did not respond to an email seeking clarity.)
Senator Tim Scott of South Carolina waffled on his position in the days after launching a presidential exploratory committee, declining to say if he would support a national 15-week ban. He later backed a 20-week ban before saying in an interview that he would sign “the most conservative pro-life legislation you could bring to my desk”.
Anti-abortion advocates applauded Governor Ron DeSantis of Florida, seen as Trump’s most formidable challenger for the nomination, after he signed into law legislation banning abortions after six weeks, before many women realize they are pregnant. But the decision to do so has alarmed some Republicans, including a top party donor who cited abortion as one of the reason he was pausing plans to fund DeSantis’s yet-to-be announced presidential bid.
Perhaps no potential Republican contender has taken a harder line on abortion than the former vice-president Mike Pence, a staunch social conservative. He has embraced a national ban and recently welcomed the Texas decision on medication abortion, calling it a “victory for life”.
Disagreement among the party’s notional field of Republican presidential contenders all but guarantees a robust policy debate on the issue, forcing them to articulate a federal plan that details how early in a pregnancy to restrict abortion and when to allow exceptions.
Americans almost universally agree that women should be able to terminate their pregnancy in cases of rape, incest or to save the life of the mother, according to a new NBC poll. And a survey by the Pew Research Center recently found that Americans, by a margin of two to one, believe medication abortion should be legal.
“As Republicans, we need to read the room on this issue because the vast majority of folks are not in the extremes,” the Republican congresswoman Nancy Mace of South Carolina said in an appearance on ABC News’s This Week. Mace, who like most of her party describes herself as “pro-life”, is part of an increasingly vocal group of Republicans urging her party to avoid politically perilous positions that risk alienating the broader American public that supports legal abortion.
“We’re going to lose huge if we continue down this path of extremities,” she said.
Leaders of the anti-abortion movement say Republicans’ silence on the issue, not their policy positions, is to blame for the string of recent electoral setbacks. They point to DeSantis, Georgia Governor Brian Kemp and Ohio Governor Mike DeWine as examples of Republicans who sailed to re-election last year, after signing into law new restrictions on abortion. All are from right-leaning but still-contested states.
Republican “strategists are advising Republican candidates to talk as little as possible about abortion. Meanwhile, Biden plastered ABORTION all over his new campaign video,” Kristan Hawkins, the president of the anti-abortion group Students for Life of America, wrote on Twitter. “They are talking about it, so we 100% should be too.”
Speaking recently at the Reagan Library, Ronna McDaniel, the chair of the Republican National Committee, urged the party faithful not to impose “rigid, ideological purity tests” while pushing her candidates to lean into the debate over abortion rights.
“We can win on abortion but that means putting Democrats on the defense and forcing them to own their own extreme positions,” she said, citing polling that showed support for a 15-week federal ban.
But corralling her party behind a unified policy is no easy task. After a half-century of pushing to eliminate federal abortion protections, conservatives feel emboldened to push ever more restrictive laws in places where they hold power.
This week, North Dakota became the latest state to dramatically limit abortion, banning the procedure after six weeks of pregnancy, with no exceptions for rape or incest. And a new law in Idaho would criminalize those who help a minor obtain an abortion in another state without a parent’s permission.
Meanwhile, in South Carolina and Nebraska, the state’s conservative-majority legislatures failed to pass new bills banning abortion, another sign of just how complicated the issue has become for Republicans.
Molly Murphy, a Democratic pollster who has studied public attitudes on abortion, said voters are highly attuned to the fast-changing legal and political landscape. And repeatedly since Roe’s demise, she noted, they have made clear their opposition to further restrictions.
“What voters want is for Republican politicians to stay out of their personal lives,” Murphy said. Until then, she said abortion rights would continue to be a powerful motivator for Democrats.
“The energy has not waned,” she said.
