Activists are pushing for tougher abortion restrictions, while politicians fear turning off swing voters who don’t support strict limits like a national ban.
For decades, opposition to abortion was a crucial but relatively clear-cut litmus test for Republican candidates: support overturning a constitutional right to an abortion, back anti-abortion judges and vote against taxpayer funding for the procedure.
But now, six months after the Supreme Court overturned federal abortion rights, the test has grown a whole lot harder — and potentially more politically treacherous.
Even after a backlash in support of abortion rights cost Republicans key seats in the midterm elections, a restive socially conservative wing is pushing the party’s lawmakers to embrace deeper restrictions. That effort is likely to be on stark display on Friday in Washington, when anti-abortion activists gather for what is expected to be a lower-key version of their annual march.
Historically, the event attracted top Republicans, including former President Donald J. Trump, former Vice President Mike Pence and former Speaker Paul Ryan. This year, the list of speakers circulated in advance included two lawmakers: Representative Steve Scalise, the Republican majority leader, and Representative Chris Smith, one of the leaders of the Congressional Pro-Life Caucus.
These activists and their allies are pressuring potential Republican presidential contenders to call for a national ban. Raising the stakes nearly two years before the 2024 contest, Susan B. Anthony Pro-Life America, one of the most powerful anti-abortion groups, said that any candidate who does not support federal restrictions should be “disqualified” from winning the party’s nomination.
But some Republican strategists worry that such a position could repel general-election swing voters, who polls show are turned off by the idea of a national ban.
Other conservative activists are pushing for a new series of litmus tests that include restrictions on medication abortion, protections for so-called crisis pregnancy centers that discourage women from having abortions, and promises of fiercely anti-abortion appointees to run the Justice Department and the Food and Drug Administration.
For Republican politicians, these activists are forcing the question of what, exactly, it means to be “pro-life” in a post-Roe v. Wade era.
“This is coming. The pro-life movement is not going to be happy or thanking a candidate simply for saying they are pro-life,” said Kristan Hawkins, the president of Students for Life of America, an anti-abortion group. “We’re in a position where we’re going to get down to the various candidates on how far they are going to go to protect women and children.”
Some Republican officials and strategists argue that pitched debates over abortion rights in the midterms — and the party’s inability to quickly adopt a unified message on the issue — contributed to the G.O.P.’s weaker-than-expected performance in battleground states including Michigan, Pennsylvania and Arizona.
More on Abortion Issues in America
- At a Crossroads: As the 50th anniversary of the Roe v. Wade ruling approaches, anti-abortion activists who fought to have the decision overturned are split about what they should focus on next.
- In Congress: Republicans used their new power in the House to push through legislation that could subject doctors who perform abortions to criminal penalties.
- Morning-After Pills: The Food and Drug Administration revised its guidance on the most commonly used emergency contraceptives, making clear they are not abortion pills.
- Abortion Pills: In a move that could significantly expand access to medication abortions, the F.D.A. moved to allow retail pharmacies to offer abortion pills in the United States.
This view is shared by former President Donald J. Trump, who distanced himself this month from a social conservative wing that has been a pillar of his base when he blamed the “abortion issue” for the party’s loss of “large numbers of voters” in November.
The comments set off an instant backlash from loyal supporters who once lauded him as the most anti-abortion president in history. Ms. Hawkins described Mr. Trump as “listening to swamp consultants.” The remarks also prompted ridicule from some Republican strategists who noted that Mr. Trump was often a liability in major races last year.
Some potential 2024 candidates have begun tussling over the issue as they try to position themselves as the conservative movement’s next standard-bearer. Mr. Trump’s comments drew a rebuke from his former vice president, Mike Pence, who retweeted a statement from Susan B. Anthony Pro-Life America urging the former president and his possible rivals to embrace an “ambitious consensus pro-life position.”
“Well said,” added Mr. Pence, who has cast himself as a true champion of the cause as he promotes the Supreme Court’s ruling in appearances at “crisis pregnancy centers” and movement galas.
A spokesman for Gov. Kristi Noem of South Dakota has accused Gov. Ron DeSantis of Florida of “hiding” behind his state’s ban on abortion past 15 weeks of pregnancy, while Ms. Noem has promoted her “aggressive” record on abortion restrictions.
“Talking about situations and making statements is incredibly important, but also taking action and governing and bringing policies that protect life are even more important,” she said recently on CBS News.
How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.
And Mr. DeSantis, who shied away from addressing abortion for most of the fall campaign, has said he is “willing to sign great life legislation” and has not ruled out support for a six-week ban.
Still, it remains unclear what, exactly, is the new standard for being anti-abortion — even among those pushing for more restrictions. Is it enough to seek to ban abortions after 15 weeks? Or should the bar be roughly six weeks, like the measure that Gov. Brian Kemp of Georgia signed into law? Should Republicans support exceptions for rape, incest and health of the mother — which Mr. Trump backs — or none at all? And how do you define health anyhow? Do psychiatric crises count?
As some Republican-dominated statehouses prepare to further limit abortion, future presidential candidates are also likely to be asked about restrictive measures being proposed, including prosecuting those seeking abortion care in states where it is banned, targeting allies who help women travel across state lines for the procedure, criminalizing the mailing of abortion medication, and granting fetuses the same legal rights as people through fetal personhood bills.
“Conservatives will not allow a Republican to be elected as their candidate that’s not pro-life,” said Penny Nance, the chief executive of Concerned Women for America, a group that argues that life begins at conception.
Asked how conservatives now defined “pro-life” credentials — in terms of embracing abortion restrictions after a certain pregnancy threshold, simply looking for candidates who seemed to be fighters on the issue, or something else — Ms. Nance replied, “I think we’ll grapple with that.”
Several activists have suggested that they expect this grappling to unfold in the context of a presidential primary campaign, as possible candidates race to demonstrate their anti-abortion bona fides.
Democrats are avidly watching from the sidelines, keeping close tabs on the abortion stances of potential 2024 rivals. Their hope is that Republicans adopt positions that might be popular with their base but that will cost them the moderate suburbanites who are critical in the general election. Polling conducted by some Democratic strategists during the midterms found that voters strongly rejected any discussion of a national abortion ban.
“They’re going to go for a national ban,” Celinda Lake, a longtime Democratic strategist and pollster, said in an interview around Election Day. “That is the most mobilizing statement, the most persuasive.”
She added, “And their candidate is going to be pushed into saying it.”
Still, after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, it remains an open question whether social conservatives hold the same king-making power in the primary as they did in 2016, or if they may be forced to accept a candidate who doesn’t go as far on their top issues as they would prefer.
The party remains divided over whether to support any national restrictions. In the House, the new Republican majority opened the session with a package of abortion legislation that did not include a national ban. Because Democrats control the Senate, none of the measures are expected to become law.
“A great many Republicans still think the victory in Dobbs was pushing this down to the states,” Scott Jennings, a Republican strategist and longtime adviser to Senator Mitch McConnell, said when asked for his thoughts on the relatively limited action on Capitol Hill. “It is contradictory to simultaneously believe that and then push for a national regime on it.”
Mr. Jennings said he thought restricting abortion access after 15 weeks of pregnancy, with some exceptions, was smart politics, a proposal that candidates could endorse for the states.
But when Senator Lindsey Graham of South Carolina put forward that position in the form of a federal ban before the midterms, the proposal earned a backlash among some Republicans who viewed it, and its timing, as politically foolhardy.
Still, in the final weeks of the midterms, many Republicans embraced a central message: a 15-week limit with exceptions for rape, incest and life of the mother. They sought to push Democrats to define their own limits on gestational age — and falsely accused them of supporting “abortion until birth” if they refused. Nearly all Democrats support federal legislation that would reinstate a version of the standard set by Roe: permitting abortion until fetal viability, roughly 23 weeks, and after that point only if the pregnancy poses a risk to the mother’s health.
Robert Blizzard, a veteran Republican pollster, noted that several Republican candidates who generally opposed abortion rights won major statewide races in places including Florida, Georgia and Iowa. But elsewhere, for candidates without clearly defined personal brands, he said, “voters can use the abortion issue as a test of how compassionate they are, and how pragmatic they are, in order to solve problems and get things done.”
“There were some candidates we had running, specifically in statewide races, that just could never get past the favorability” issue with independent voters, he added.
Mr. Blizzard emphasized that it was impossible to know what issues would motivate voters in the 2024 general election. But there is little doubt, he said, that Democrats will continue to use the abortion issue against Republicans — and that in the midterms they often did so effectively.
“Every metric you would look at indicates that that energizes the left and energizes the Democratic base, which it certainly did,” he said. “In some cases, where we made the fight over other issues — whether the economy, inflation, the border, whatever else was going on in a particular state or district — we did, I think, well. But in places where we were not able to change the narrative of a race, we didn’t do well.”
“In terms of going forward,” he went on, describing the political uncertainties surrounding the issue, “I don’t think anyone has a really solid answer for it.”
Source: Elections - nytimes.com