National Abortion Ban

Extracted Attributes

• Type

  Legislative concept, Policy debate

• Key Federal Law

  Partial-Birth Abortion Ban Act of 2003

• Proposed National Ban Ideas

  15-week ban, 16-week ban, weaponization of Comstock Act

• Donald Trump's Stance on Roe v. Wade

  Takes credit for its overturning

• Donald Trump's Stance on National Ban

  Does not support a national abortion ban, believes it should be a state issue

• Public Opinion on Direct National Ban

  Deeply unpopular

• Scope of Partial-Birth Abortion Ban Act

  Prohibits intact dilation and extraction (partial-birth abortion)

• Penalty for Partial-Birth Abortion Ban Act Violation

  Fine or imprisonment up to 2 years for physicians

Timeline

• The U.S. Supreme Court's ruling in Roe v. Wade established federal protections for a pregnant woman's right to get an abortion. (Source: web_search_results)

  1973

• The U.S. Supreme Court's ruling in Planned Parenthood v. Casey maintained federal protections for abortion rights. (Source: web_search_results)

  1992

• The Partial-Birth Abortion Ban Act of 2003 was enacted, prohibiting a specific late-term abortion procedure. (Source: wikipedia)

  2003-11-05

• The U.S. Supreme Court upheld the constitutionality of the Partial-Birth Abortion Ban Act in the case of Gonzales v. Carhart. (Source: wikipedia, web_search_results)

  2007-04-18

• The U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade and Planned Parenthood v. Casey, eliminating federal protection for abortion rights and allowing states to impose regulations or bans. (Source: provided summary, related_documents, web_search_results)

  2022

• Former President Donald Trump stated in an interview that he does not support a national abortion ban, believing the issue should be decided at the state level, while taking credit for the overturning of Roe v. Wade. (Source: provided summary, related_documents)

  Recent

Partial-Birth Abortion Ban Act

The Partial-Birth Abortion Ban Act of 2003 (Pub. L. 108–105 (text) (PDF), 117 Stat. 1201, enacted November 5, 2003, 18 U.S.C. § 1531, PBA Ban) is a United States law prohibiting a form of late termination of pregnancy called "partial-birth abortion", referred to in medical literature as intact dilation and extraction. Under this law, any physician "who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both". The law was enacted in 2003, and in 2007 its constitutionality was upheld by the U.S. Supreme Court in the case of Gonzales v. Carhart.

Web Search Results

• Trump on Abortion | American Civil Liberties Union

  nationwide is echoed by Project 2025’s “Mandate for Leadership,” a blueprint of “actions to be taken in the first 180 days of the new Administration.” According to the anti-abortion extremists drawing up plans for Trump’s administration, the Comstock Act can be operationalized as a national abortion ban because the medication and equipment used in abortion care has to be transported to health care providers via mail and common carrier. If it were a federal crime to send and receive the [...] In particular, as we lay out below, Trump’s plan to weaponize the Victorian-era Comstock Act into a nationwide abortion ban is flatly unlawful. Decades of federal precedent establish that the Act simply does not apply to the distribution of abortion-related drugs and articles for use in otherwise lawful abortion care. This longstanding precedent has been ratified both by Congress and the Department of Justice. Using this settled caselaw, we will go to court to stop any effort by a Trump [...] prevent the misuse of the Comstock Act and to safeguard the right to contraception. We will work with lawmakers to sound the alarm on Trump’s threats to force a backdoor national abortion ban. We will shine a light on these threats through congressional hearings, and by getting abortion-opponents on the record about their stance on taking reproductive health care away.

• The new strategy to restrict abortion nationwide — without saying 'ban'

  “Anti-abortion groups and particularly anti-abortion politicians in Congress know that a direct national abortion ban is deeply deeply unpopular,” said Ashlea Phenicie, the chief external affairs officer for Planned Parenthood of Michigan. “Instead what they’re trying to do is restrict access by a thousand cuts.” [...] But this was not the “victory” they had laid out, even if conservatives have pushed to defund Planned Parenthood for years. Since the loss of federal abortion rights, many anti-abortion groups have championed a national ban on the procedure, which, after considering a 15-week proposal, Trump said on the campaign trail he would not sign. [...] “I don’t think anyone’s going to talk about any national ban for the remainder of this presidency,” said Patrick T. Brown, a fellow at the Ethics and Public Policy Center, a conservative think tank that opposes abortion. “We could have a different conversation about the 2028 primary.” Abortion-rights advocates holding a sign that reads

• Federal and State Bans and Restrictions on Abortion

  For years, anti-abortion politicians have been pushing an unconstitutional, nationwide 20-week abortion ban"). Meanwhile, states that passed 20-week bans have forced people into heartbreaking and tragic situations — some needing to end a pregnancy for serious medical reasons, but unable to do so. [...] On April 18, 2007, the U.S. Supreme Court upheld the first-ever federal law banning abortion procedures and gave politicians the green light to interfere in people's reproductive health care decisions. The federal abortion ban criminalizes abortions in the second trimester of pregnancy that doctors say are often the safest and best way to protect a pregnant person's health. [...] Go to Content # Federal and State Bans and Restrictions on Abortion At the federal level, the Hyde Amendment and a federal abortion ban both limit abortion access nationwide. Federal-level attacks on abortion access also include attempted 20-week bans. Learn about federal bans and restrictions on abortion here — and read on to understand abortion bans and restrictions at the state level. ## Hyde Amendment

• Abortion in the United States Dashboard - KFF

  This poll finds 1 in 8 voters say abortion is the most important issue to their vote. They are younger, lean Democratic, and generally want abortion to be legal in all or most cases. The poll also gauges the public’s views on abortion-related policies, including a national 16-week abortion ban and allowing abortion for pregnancy-related emergencies. Image 30 Women’s Views of Abortion Access and Policies in the Dobbs Era: Insights From the KFF Health Tracking Poll Apr 5, 2024

• Abortion law in the United States by state - Wikipedia

  applied to medication induced abortions. Attempts to ban abortion took place in 2011, 2012, 2013, 2014, 2015, and 2016. [...] From 1973 to 2022, Supreme Court rulings in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) created, and maintained, federal protections for a pregnant woman's right to get an abortion, ensuring that states could not ban abortion prior to the point at which a fetus may be deemed viable. However, Roe and Casey were overturned by Dobbs v. Jackson Women's Health Organization (2022), and states may now impose any regulation on abortion, provided it satisfies rational basis review and does [...] Governor Kevin Stitt signed three bills in 2021 that introduced new restrictions on abortion. One bill would revoke a medical license for people who perform abortions, another would ban abortions if a heartbeat is detected, and the third would require board-certified OB-GYN doctors be the only ones who can perform abortions.