Ten Actions Dems Can Take to Protect Abortion Before Trump Takes Office
Repro experts tell AED what they want to see from pro-choice politicians
It’s easy to feel powerless right now. We know that this country is in for some very difficult years ahead, especially when it comes to abortion rights. But I’m a consummate fixer, so I’ve spent the last week talking to abortion rights lawyers, researchers, academics and activists, asking what Democrats could do before Donald Trump takes office to lessen the impact of Republican attacks on abortion.
I’ve shared eight of their recommendations below, along with two of my own.
The FDA should approve mifepristone for miscarriage management
“There was a report in October that Danco would seek mifepristone’s approval for miscarriage management. If any such application has been filed, the FDA should follow the science and approve it before Biden leaves office. If mifepristone was approved for another use, it would be much harder for the Trump administration to harm access to it. Even if the FDA under Trump tried to remove mifepristone from the market for abortion, it could remain on the market for miscarriage and used off label for abortion.” - Greer Donley, law professor and legal reproductive rights expert
President Joe Biden should pardon people for abortion-related ‘crimes’
“The Democrats need to figure out how to Cancel Comstock before the next administration takes power or its resurrection will be the party’s legacy and cause decades of harm. President Biden has the opportunity to add protecting abortion providers to his legacy. He needs to tap into his inner Gerald Ford and pardon all abortion providers for past present and future criminalized care.” - Pamela Merritt, Executive Director, Medical Students for Choice
“In order to prevent rogue prosecutions from the new Attorney General, President Biden needs to pardon anyone for abortion-related crimes under the Comstock Act. Pardons can’t look forward, so this would not fix the problem into the future, but it would give assurances to everyone who has mailed anything related to abortion over the past five years that they will not be prosecuted by the Trump DOJ.” - David Cohen, law professor
Protect abortion pills and providers
Abortion pills have been a vital resource for people across our country, especially in states with abortion bans. Now would be a great time to pass shield laws anywhere and everywhere we can to protect clinicians in states where abortion is legal so that they can prescribe abortion pills via telemedicine to people in all 50 states. - Cecile Richards, co-founder of Abortion in America and Charley
Help Prepare for the Comstock Act
“Comstockpiling: Quickly distribute abortion equipment, supplies, medications, etc to permissive states. If the Trump admin enforces Comstock, it will take some time to develop work-arounds. Helping to get things that could be restricted under Comstock into friendly states and create stockpiles that don’t have to be shipped across state lines would help ensure a continuity of care. - Garin Marschall, co-Director of Patient Forward
“Honestly, asking President Biden to do anything is a fool’s errand. We had to beg him to say the word ‘abortion’ so I’m not going to hold my breath that he’s going to be anyone’s lame duck savior. But, if I had the chance to yell at him, I would say this: ‘REMOVE LOUIS DEJOY FROM RUNNING THE UNITED STATES POSTAL SERVICE YESTERDAY! YOU JUST NEED TO DO IT SO DO IT!” - Renee Bracey Sherman, author of Liberating Abortion
Push through judicial nominees & prep blue states
“The Senate must fight in the lame-duck session for judges who will protect reproductive freedom. In addition to holding Trump and Congressional Republicans accountable once they take office, we have to work with state lawmakers and attorneys general in blue states to find different avenues to protect access and minimize the damage from anti-abortion politicians.” - Mini Timmaraju, President and CEO of Reproductive Freedom for All.
“Blue state leadership can increase funding for abortion care, provider training, and practical support organizations; take steps to increase the number of providers; and repeal TRAP laws to make it easier for abortion clinics to operate.” - Spokesperson, Center for Reproductive Rights
“There are 47 vacancies total—could anyone else be nominated now with confirmation by January? I also think there is merit in issuing all guidance and filling all slots when and where possible, making it less straightforward process of changing course in the transition of Administrations.” - Rachel Rebouché, reproductive law scholar
Biden should sign an anti-fetal personhood executive order
“In 2021, Americans United for Life put out a short paper on an executive order that argues the president is charged with interpreting the constitution. It argues the president could/should interpret the constitution to include fetuses as legal persons under the protection of the 14th Amendment. This would mean there would be fetal personhood with respect to many federal agencies under control of the executive branch. This is in line with personhood language in the 2024 RNC platform, Project 2025, etc. They are trying to advance fetal personhood.
Biden should do the opposite before leaving office: he should sign an executive order clarifying that the 14th amendment only applies to people who are born (as it says). This could be immediately overturned when Trump gets into office, but it would mean that he would have to actually do it. They couldn’t just quietly write personhood into agency policies.” Garin Marschall, co-Director of Patient Forward
State AGs can exclude pregnancy outcomes from criminal law
“State Attorneys General can issue a legal alert or advisory opinion stating that the criminal laws of their state cannot apply to pregnancy or pregnancy outcomes. California AG Rob Bonta of California did this in 2022 after improper prosecutions of women who were charged with ‘fetal murder’ after having stillbirths. He sent a legal alert to all state law enforcement making clear that the criminal code in California was not meant to punish people who suffer the loss of their pregnancy.”
- Dana Sussman, Senior Vice President, Pregnancy Justice
For all of us: “buddy up”
“I need everyone to buddy up—to prep for the next administration like you would in a big brother/big sister program where if you live in a safer area, you pick one state or city to really pay attention to and support. Think of it as your reproductive rights Sister City. Pick an activist or org there to pen pal, make a promise that you will be sure that their news—who is being harmed, what orgs are choosing to or being forced to close, where outreach or outside funding or pressure can help —will make it out of their state and out to the rest of the country.
Our media landscape has been crippled. Our local news is mostly gone. Our social media is finally but slowly on a path of rebuilding, and we need y’all to make sure we don't get isolated and ignored, because that's what abusers do to people in their power. Don't let it happen. Don't let anyone be alone.” - Robin Marty, Executive Director of West Alabama Women's Center and author of the New Handbook for a Post-Roe America.
From Jessica:
Flood pro-choice states with abortion medication
We need to push out as much abortion medication as possible before Trump takes office and starts to enforce the Comstock Act. Governors in pro-choice states have been stockpiling the medication; now is the time to dispense it in a massive state-funded advance provision campaign. Get it out there, protect as many people as we can, and make it that much harder for the anti-abortion movement to track who has the medication.
Democrats need to force the GOP’s hand on travel bans
Remember when Republicans blocked legislation that would have protected access to contraception? That happened because Senate Democrats forced their hand: they introduced a bill to protect birth control, knowing it would fail, in order to show American voters exactly how extreme the GOP is. They did the same with legislation to protect the right to IVF, too.
Republicans have had their eye on travel restrictions to stop women from getting abortions, but their attacks are largely flying under the radar. Democrats should introduce legislation to protect the right to travel, regardless of pregnancy status. Let’s get these assholes on the record admitting that they want to trap women in anti-abortion states.
Have an idea about what pro-choice politicians could do to protect abortion rights before Trump takes office? Leave it in comments!
Urge Joe Biden to instruct the Archivist to publish the Equal Rights Amendment! it's been duly ratified by 38 states as per Article 5 of the U.S. Constitution. It's been FOUR YEARS since the Amendment was ratified by Virginia (the 38th and last needed state). If abortion bans aren't sex discrimination, what is?? The Equal Rights Amendment as the 28th Amendment to the Constitution would give pregnant people stronger standing if/when they take their cases to court. We only have two months before this remedy disappears for *years*. Call the White House comment line at 202-456-1111 or text 302-088-0404. This is urgent!
On a less serious note, now that the Onion has bought up InfoWars, they could start a campaign claiming mifepristone is better than Ivermectin for Covid. Our new HHS head loves alternative medicine and his followers would demand it be kept available.