During his presidential campaign, Donald Trump was all over the map on abortion. But you’d be a fool to think this means abortion rights are safe in Oregon or the rest of the country. They are not.
In June 2023, addressing a Faith & Freedom Coalition Gala, Trump said he was the “most pro-life president ever.” As with so many of his other c campaign promises, he’ll likely follow through with that promise.
Oregon’s attorney general says all is well. The Oregon Department of Justice website is adamant that the overturning of Roe v. Wade has not affected abortion rights in the state: “Abortion is still SAFE, ACCESSIBLE and LEGAL in OREGON” its says. “The United States Supreme Court decision in June 2022 overturning Roe v. Wade(called Dobbs v. Jackson Women’s Health) did not change Oregon laws protecting a pregnant person’s right to have an abortion in Oregon.”
The fact is, however, that no state is immune from federal actions limiting abortion rights.
With Pam Bondi’s Senate confirmation as attorney general still ahead, for example, her chief of staff, Chad Mizelle, who is temporarily leading the Justice Department, issued a memo sharply limiting prosecutions of people accused of blocking access to abortion clinics, calling such cases the “prototypical example” of federal weaponization.
On January 23, 2024 Trump followed up by pardoning 23 people who were convicted of violating the Freedom of Access to Clinic Entrances Act (FACE Act), including many who were serving prison sentences for physically blocking patients from accessing their doctors. Some of the offenses committed included breaking into clinics, stealing fetal tissue, and accosting pregnant patients.
Jessica Valenti, a prominent writer on gender and politics, has reported that:
- Dozens of Republican lawmakers held a private meeting with anti-abortion activists where they pledged to repeal the FACE Act
- The Department of Justice announced that they won’t enforce the FACE Act unless there are “extraordinary circumstances…such as death.”
- Conservative legal groups are working to overturn Hill v. Colorado—the Supreme Court decision that established abortion clinic buffer zones.
Efforts are also underway to limit Planned Parenthood’s operations in Oregon access to federal Medicaid money, potentially cutting off its ability to provide abortions.
On January 27, the White House Office of Management and Budget (OMB) issued an order setting off a temporary pause of federal grants to give agencies time to review spending priorities. On Jan. 28, OMB sent another sent a directive telling federal agencies to fill out an attached spreadsheet answering questions about programs that might require funding and whether they aligned with Trump’s agenda. One of the questions asked if the program supports abortion “in any way.”
At his Senate confirmation hearing for Health and Human Services Secretary, Robert F. Kennedy Jr. assured Sen. Tim Scott (R-SC) he would appoint only pro-life deputies.
Abortion access in Oregon may be constrained by restrictions on access to pills used in medication abortions. Access to the abortion pill mifepristone, for example, still largely depends on a patchwork of state laws, with only about half of states allowing full access under the terms approved by the federal government. According to PBS, A dozen or so states have laws specifically limiting how mifepristone can be prescribed, such as requiring an in-person visit with a physician or separate counseling about the potential risks and downsides of the drug.
In a sign of the times, a New York doctor, Margaret Carpenter, was indicted by a Louisiana grand jury on January 29 for allegedly prescribing an abortion pill online in the southern state, which has one of the strictest near-total abortion bans in the country. Under the law, physicians convicted of performing an illegal abortion, including one with pills, face up to 15 years in prison, $200,000 in fines and the loss of their medical license. Carpenter was charged charged with criminal abortion by means of abortion-inducing drugs, a felony. Carpenter was operating under New York’s telemedicine “shield law,” which protects providers who ship abortion pills across state lines, but it may not matter.
Project 25, The Heritage Foundations blueprint for Trump’s actions, calls for the Centers for Medicare & Medicaid Services to encourage states to remove Planned Parenthood facilities from the Medicaid program. Project 25 also proposes mobilizing an array of federal agencies to limit access to abortion, including a national ban on abortion pills even in states like Oregon with liberal abortion laws.
“The Dobbs decision (overturning Roe v. Wade) is just the beginning,” Project 2025 says. “Conservatives in the states and in Washington, including in the next conservative administration, should push as hard as possible to protect the unborn in every jurisdiction in America.”
Oregon Right to Life, which says “We work to reestablish protection for all innocent human life from conception to natural death” is also continuing its efforts to restrict abortion in the state.
“Being a pro-life legislator in Oregon comes with unique challenges,” says the group’s website. “That being said, our mission remains the same: provide tangible, encouraging support to women and families, and protect as many unborn lives as possible from abortion. Understanding the unique terrain of this issue in Oregon, we want to continue to put forward limits that are widely supported with key exceptions, and considered “reasonable” even by self-proclaimed pro-choice voters.”
Undeterred by a generally hostile Legislature, the group is pursuing enactment of several bills during the 2025 session, including:
- HB 2372 – would require a physician to provide a baby born alive during an attempted abortion procedure the same degree of care as any other baby at the same gestational stage.
- HB 3248 – would place a limit on abortion when the baby can feel pain with exceptions for medical emergencies, rape, and incest.
- HB 2381, 2382 – would establish the Pregnancy Launch Program to encourage healthy childbirth; support childbirth as an alternative to abortion; promote family formation; aid successful parenting; Increase families’ economic self-sufficiency; and improve maternal health, mortality, and postpartum outcomes. It would also create a hotline and set a requirement that this information be provided to an abortion-minded woman 48 hours prior to her abortion procedure. Finally, it would establishe an OHA grant program to help fund entities offering services related to encouraging and assisting mothers in carrying their pregnancies to term.
- TBD – would require parental consent for minors (under 18) traveling into Oregon for an abortion.
The battle is on.
