What Will the Law of the State Decide? When Will the Abortion Decision Be Determined by the State? The Case of Donald Trump

The address was full of lies, including the absurd claim that all legal scholars on both sides of the issue wanted the abortion decision to be overturned. But the most misleading part of his spiel was the way he implied that in a second Trump administration, abortion law will be left entirely up to the states. In this case the law of the state will be determined by either vote or legislation according to Trump.

The substance of abortion policy won’t be an issue for Donald Trump for the rest of the campaign, but he’ll have to make a decision soon about whether to sign a federal ban if he becomes president. The most important questions about a second Trump administration are about personnel, not legislation.

Donald Trump does not speak from conviction. He does not speak from any beliefs at all. He certainly does not speak from anything we might recognize as reason; when he’s holding forth from a podium, even the most careful students of Trump the rhetorician will struggle to find the light of complex thought.

Why the Supreme Court ruled against abortion under the constitutional status quo in the U.S. is not a problem for many people in the majority opinion

It should be said that this position is itself a strikingly conservative departure from mainstream thinking. Most people in the US support legal abortion, even if it’s done under the constitutional status quo. The Supreme Court has left abortion rights up to the states since the decision two years ago in Jackson Women’s Health Organization.