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Trump has said abortion is a state issue. His judicial picks could shape it nationally for decades

ABC News's profile
Original Story by ABC News
August 10, 2025
Trump has said abortion is a state issue. His judicial picks could shape it nationally for decades

Context:

President Donald Trump's federal judicial appointees have often exhibited anti-abortion views, many having defended abortion restrictions or been associated with anti-abortion groups. Although Trump has publicly stated that abortion should be a state issue, the lifetime appointments of his nominees could influence national abortion access far beyond his presidency. Legal experts suggest that these judicial nominations offer a covert method of shaping abortion policy federally, bypassing Congress. Several of Trump’s nominees have played significant roles in defending restrictive state abortion laws, potentially affecting nationwide access to abortion medications. Abortion rights advocates express concern that Trump's strategy embeds anti-abortion sentiment within the judiciary, complicating future efforts to challenge restrictive state laws through the courts.

Dive Deeper:

  • Many of Trump's federal judicial nominees have anti-abortion stances, having shown support for abortion restrictions or been involved with anti-abortion groups, which could affect national abortion policy for decades due to their lifetime judicial appointments.

  • Despite Trump's public position that abortion issues should be decided by states, his judicial appointments suggest a strategy to influence abortion access on a national level, circumventing legislative processes.

  • Nominees like Whitney Hermandorfer and Maria Lanahan have actively defended stringent state abortion restrictions and challenged federal abortion policies, impacting access to abortion medication and state funding for abortion services.

  • Legal experts, like Bernadette Meyler, argue that Trump's judicial nominations allow for a federal impact on abortion rights without the visibility or backlash of direct legislative or executive action.

  • Abortion rights advocates are concerned that Trump's judicial picks could undermine the judiciary's role as a recourse for challenging state abortion bans, embedding anti-abortion ideologies within the legal system.

  • Judicial nominees such as Joshua Divine and Chad Meredith have been pivotal in defending state laws that severely restrict abortion access, including bans and mandatory procedures for abortion patients.

  • Trump’s nominees, often from states that supported him, reflect his administration's broader strategy to appoint judges who may favor restrictive abortion policies, raising worries among abortion rights supporters about future legal battles.

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