Anti-abortion organizations are rallying behind legislation introduced by Sen. Lindsey Graham (R-SC) that would prohibit abortions after 15 weeks of pregnancy nationwide despite some hesitancy in the Republican Party, arguing that it represents a good starting point for federal legislation.
Americans United for Life, the National Right to Life Committee, and Susan B. Anthony Pro-Life America have all expressed their support for the bill, which includes exceptions for cases involving rape, incest, or risks to the life and physical health of the mother, believing it protects against Democratic-led state laws allowing abortions at later stages of pregnancy. The groups, though, emphasize that they will continue to push for further limits to accessing the procedure down the line.
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“What we have consistently advocated for from lawmakers is that they be as ambitious as possible in defining where there is political consensus,” said Mallory Carroll, vice president of communications for Susan B. Anthony Pro-Life America. “We think that this is a fantastic place for Republicans to start. It not only is politically defensible and provides a good contrast for those who are running for reelection and running for election in the midterms, but it moves the ball forward for the pro-life movement and saves lives.”
The groups contended that the bill would rein in laws in states like New York and California, which allow abortions past the 15-week mark, while leaving it open for individual states to set their own laws to further restrict access to abortion.
The bill does not go as far as some state-enacted laws, such as the one in Texas that criminalizes performing an abortion from the moment of fertilization unless the mother is facing a life-threatening physical condition.
Carol Tobias, president of the National Right to Life Committee, said her organization would like to see a national abortion law in line with that of Texas, only allowing exceptions if the mother’s life is in danger, but she acknowledged laws with additional exceptions could appeal more to the wider electorate at this point.
“Our position is that abortion should be allowed only if the mother’s life is in danger. But we have for many years supported legislation that does not go that far and does have more exceptions,” Tobias said.
Steven Aden, chief legal officer and general counsel for Americans United for Life, said it has been his organization’s practice to leave it to lawmakers to determine if there is “political will” to pass an abortion law without exceptions for rape and incest while maintaining the stance that abortion should only be allowed in cases of medical necessity.
“We think that a 15-week limit is a start. It demonstrates the humanity of the baby in the womb,” Aden said. “If politically that is all that Congress could do at this time, that’s what they should do and then move forward the next time around.”
The groups said the national political climate, three months since the Supreme Court overturned Roe v. Wade and ruled there was no constitutional right to abortion, is significantly different from that in red states, meaning legislation that might pass in Alabama may not have enough support on the national stage.
“We’re working for the day that all unborn children can be welcomed and protected under the law. I mean, surely you recognize that limit on abortion after 15 weeks includes many exceptions. It includes all the babies coming before,” Carroll said. “We don’t think that they’re any less valuable. We just want to save as many lives as possible as fast as possible and believe this legislation is the best way to do that.”
Some Republican lawmakers, including Senate Minority Leader Mitch McConnell (R-KY), have distanced themselves from the proposed legislation ahead of the midterm elections, preferring that states draft their own laws, and others have argued that it does not go far enough. Republican strategist Barrett Marson said the timing of the legislation’s introduction is “not helpful” for Republicans who are trying to focus on other top issues for voters, such as the economy and combating inflation.
Sen. Shelley Moore Capito (R-WV) told Politico that there is not an “appetite” for a national platform on abortion.
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Meanwhile, Democrats have been campaigning on the issue, promising to pass federal legislation to protect the right to access abortion in the United States, though a previous proposal, the Women’s Health Protection Act, failed to clear the Senate’s filibuster threshold earlier this year. Graham’s bill is also unlikely to advance with Democrats holding majorities in both chambers, though it could be reintroduced if Republicans win back control after the midterm elections.
