Card #7: Reproductive Rights


Women’s Reproductive Rights
Presidential Nominee K. Harris (Current Vice President)
Bodily Autonomy
Bodily autonomy means the right of individuals to control what does and does not happen to their bodies. Vice President Harris has strongly defended this concept.
After the 2022 reversal of Roe v. Wade, Harris said, “[W]hen you know what you stand for, you know what to fight for. We stand for the freedom of every American, including the freedom of every person everywhere to make decisions—about their own body, their own health care and their own doctor … We fight for reproductive rights and legislation that restores the protections of Roe v. Wade.”
Fetal Personhood
Fetal personhood is the idea that every fertilized egg is a constitutionally protected entity separate from the pregnant person and is entitled to the full protection of the law. VP Harris opposes this concept.
Fetal personhood laws threaten IVF procedures. Such laws could make disposing of surplus fertilized eggs a criminal act equal to murder.
Fetal personhood and pregnant people’s personhood cannot coexist: fetal personhood “fundamentally change[s] the legal rights and status of all pregnant women” and forces them to “forfeit” their own autonomy once a fertilized egg has taken up residence inside their bodies.
The Comstock Act
This 1873 act bans some materials from being mailed, including contraceptives and drugs used to terminate a pregnancy. The Biden-Harris administration supports repealing the Comstock Act.
Nominees D.J. Trump (President) and J.D. Vance (VP)
Bodily Autonomy
Bodily autonomy is the concept that individuals have the right to control what does and does not happen to their bodies.
Mr. Trump recently said he does not support a national abortion ban and that monitoring pregnancies and prosecuting women for abortions should be left up to states. However, this statement contradicts his platform’s stance for a National Abortion Ban based on Fetal Personhood and the 14th Amendment. VP candidate J.D. Vance strongly supports the platform and has supported a nationwide abortion ban, saying all abortions should be illegal and calling abortion murder.
Fetal Personhood
Fetal personhood is the idea that every fertilized egg is a constitutionally protected entity separate from the pregnant person and is entitled to the full protection of the law.
Regarding fetal personhood, the Republican Party platform states that the 14th Amendment can be used to “protect and defend” the issue of life. Project 2025 says that life will be protected from the beginning. A nationwide fetal personhood law could make abortion, IVF, certain forms of contraception, and, potentially, other medical treatments illegal because of possible harm to an embryo. As recently happened to an Ohio woman, having a miscarriage could become a criminal offense.
The Comstock Act
This 1873 act bans some materials from being mailed, including contraceptives and drugs used to terminate a pregnancy.J.D. Vance called on the DOJ to prosecute anyone using the mail to provide abortion drugs.
No Kings in America
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Women’s Reproductive Rights Facts
Fetal Personhood
- Fetal Personhood – Washington and Lee Law Review (wlu.edu)
- “If a Fetus Is a Person” by Carliss N. Chatman (wlu.edu)
- Fetal Personhood Laws: What to Know After Roe v. Wade | TIME
- Data Center: Pregnancy Criminalization | Pregnancy Justice (pregnancyjusticeus.org)
- A Brief Guide to Fetal Personhood, the Next Frontier In Anti-Choice Politics (ballsandstrikes.org)
- https://www.pregnancyjusticeus.org/resources/when-fetuses-gain-personhood-understanding-the-impact-on-ivf-contraception-medical-treatment-criminal-law-child-support-and-beyond/
Abortion
- Biden cannot easily make Roe v. Wade federal law, but he could still make it easier to get an abortion (theconversation.com)
- How the Comstock Act could be used to ban abortion nationwide : NPR
- FACT SHEET: President Biden to Sign Executive Order Protecting Access to Reproductive Health Care Services | The White House
- Here’s what’s in Biden’s executive order on abortion rights | CNN Politics
- https://apnews.com/article/biden-trump-rematch-policies-abortion-immigration-gaza-21d90648da1ec67c7c6ff67e5907d101
- https://www.theguardian.com/us-news/article/2024/jul/26/jd-vance-abortion-ban-travel
Harris
- Kamala Harris, once Biden’s voice on abortion, expected to take an outspoken approach to health – CBS News
- Kamala Harris found her voice on abortion rights in the year
Trump and JD Vance
- https://www.usatoday.com/story/opinion/columnist/2024/07/14/trump-lies-abortion-lose-election/74353644007/
- 2024 Republican Party Platform | The American Presidency Project (ucsb.edu)
- https://19thnews.org/2024/07/republican-national-convention-party-platform-fetuses-abortion-iv
- https://apnews.com/article/biden-trump-rematch-policies-abortion-immigration-gaza-21d90648da1ec67c7c6ff67e5907d101
- How the Comstock Act could be used to ban abortion nationwide : NPR
- https://www.theguardian.com/us-news/article/2024/jul/26/jd-vance-abortion-ban-travel
- https://democrats.org/news/jd-vances-maga-hot-mic-vance-believes-abortion-is-comparable-to-slavery/
