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Opinion: The GOP's bait and switch on abortion

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Opinion: The GOP's bait and switch on abortion

When Republicans affirmed their party’s platform this week, it included a supposedly moderated position on abortion. Don’t believe it.

For decades, the GOP has explicitly pledged its support for a so-called human life amendment, which would extend the protections of the 14th Amendment — its guarantees of due process and equality under the law — to a zygote, from the moment an egg is fertilized, thereby banning abortion as a matter of constitutional law.

Donald Trump’s 2024 platform drops any mention of a human life amendment, emphasizes state control of abortion and explicitly expresses support for both contraception and in vitro fertilization. He seems to have successfully sidelined the most ardent abortion foes and pushed the party a little closer to the center on the issue, where most voters are after the Supreme Court’s overthrow of Roe vs. Wade.

Look more carefully, however, and you see that the Republican platform doesn’t abandon the party’s longstanding commitment to fetal personhood. It simply updates it, and hides it behind less direct language.

“We proudly stand for families and for life,” the GOP 2024 abortion plank begins, before it goes on to assert that the 14th Amendment’s guarantees back up an antiabortion stance. As one party official insisted, the language in no way strays from an adamant “pro-life” position because “there’s protection under the Constitution.”

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And while the platform suggests that abortion should be left to the states, the message is there for those in the know: Constitutional fetal personhood would override state laws, even where ballot initiatives protect abortion rights.

The assertion of constitutional fetal personhood, however veiled it might appear to some, reflects an antiabortion strategy that is ascendant in the post-Roe vs. Wade era.

While Roe was the law of the land, fighting directly for a personhood amendment seemed necessary. If the Supreme Court would not reverse its 1973 decision — as long was the case — a constitutional amendment was the only way to undo the right to choose. But it would also require hard-to-achieve supermajorities in Congress and the states in support of a radical and unpopular idea. Rather than trying to overcome that hurdle and amend the Constitution, why not just change its judicial interpretation?

Winning over federal judges was much easier said than done. Even conservative judges and legal scholars weren’t always comfortable with the antiabortion movement, and it seemed their methods of constitutional interpretation, including originalism, some versions of which claim to identify the original public meaning of the text, would not deliver fetal personhood. Over time, however, the antiabortion movement and the conservative legal movement began to unite, finding an originalist angle to endorse: that from the get-go, the nation’s founders believed the unborn child had rights to due process and equality under the law.

In other words, a constitutional human life amendment is unnecessary because the 14th Amendment already guarantees fetal rights. The 2024 GOP abortion plank gestures to just that interpretation.

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Of course a party platform is more about theory than practice. As to what a new Trump administration can and would do on the abortion front, there are other sources to look to.

Project 2025, for example, the widely discussed Trump 2.0 blueprint developed by the Heritage Foundation, promotes the revivification of the Comstock Act, a 19th century anti-obscenity law that conservatives — including the vice presidential candidate J.D. Vance — have argued prevents the mailing of abortion-related items. Enforcing it as Project 2025 envisions could create a de facto federal ban because virtually every abortion requires the use of something, from a scalpel to a pill, once put in the mail.

Or perhaps new Trumpian leadership at the FDA would act to reverse the agency’s scientists and take mifepristone, the medication abortion drug used in more than half of all U.S. abortions, off the market.

Or this: Some antiabortion groups have proposed that if Trump wins in November, he could simply use executive power to advance fetal personhood.

Most important for the antiabortion cause, a second presidential term would mean a chance for Trump to move the courts even further to the right. Instead of having to deal with Congress and politicians who worry about the displeasure of voters, abortion foes could rely on like-minded judges to push fetal personhood, judges with lifetime appointments. Trump has already helped the movement with picks such as Matthew Kacsmaryk, the federal judge in Texas who compares the abortion-rights movement to Nazism.

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If you read between the lines, the GOP’s platform is not about moderation. It’s about creating the appearance of moderation, all while assuring the far-right’s antiabortion crusaders that a national abortion ban is still coming if a second Trump administration has anything to say about it.

It may just be a matter of time.

Mary Ziegler is a law professor at UC Davis and the author of “Roe: The History of a National Obsession.”

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Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week

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Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week

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President Donald Trump said on Thursday that he plans to meet with Venezuelan opposition leader Maria Corina Machado in Washington next week.

During an appearance on Fox News’ “Hannity,” Trump was asked if he intends to meet with Machado after the U.S. struck Venezuela and captured its president, Nicolás Maduro.

“Well, I understand she’s coming in next week sometime, and I look forward to saying hello to her,” Trump said.

Venezuelan opposition leader Maria Corina Machado waves a national flag during a protest called by the opposition on the eve of the presidential inauguration, in Caracas on January 9, 2025. (JUAN BARRETO/AFP via Getty Images)

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This will be Trump’s first meeting with Machado, who the U.S. president stated “doesn’t have the support within or the respect within the country” to lead.

According to reports, Trump’s refusal to support Machado was linked to her accepting the 2025 Nobel Peace Prize, which Trump believed he deserved.

But Trump later told NBC News that while he believed Machado should not have won the award, her acceptance of the prize had “nothing to do with my decision” about the prospect of her leading Venezuela.

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California sues Trump administration over ‘baseless and cruel’ freezing of child-care funds

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California sues Trump administration over ‘baseless and cruel’ freezing of child-care funds

California is suing the Trump administration over its “baseless and cruel” decision to freeze $10 billion in federal funding for child care and family assistance allocated to California and four other Democratic-led states, Atty. Gen. Rob Bonta announced Thursday.

The lawsuit was filed jointly by the five states targeted by the freeze — California, New York, Minnesota, Illinois and Colorado — over the Trump administration’s allegations of widespread fraud within their welfare systems. California alone is facing a loss of about $5 billion in funding, including $1.4 billion for child-care programs.

The lawsuit alleges that the freeze is based on unfounded claims of fraud and infringes on Congress’ spending power as enshrined in the U.S. Constitution. The White House did not immediately respond to a request for comment.

“This is just the latest example of Trump’s willingness to throw vulnerable children, vulnerable families and seniors under the bus if he thinks it will advance his vendetta against California and Democratic-led states,” Bonta said at a Thursday evening news conference.

The $10-billion funding freeze follows the administration’s decision to freeze $185 million in child-care funds to Minnesota, where federal officials allege that as much as half of the roughly $18 billion paid to 14 state-run programs since 2018 may have been fraudulent. Amid the fallout, Gov. Tim Walz has ordered a third-party audit and announced that he will not seek a third term.

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Bonta said that letters sent by the U.S. Department of Health and Human Services announcing the freeze Tuesday provided no evidence to back up claims of widespread fraud and misuse of taxpayer dollars in California. The freeze applies to the Temporary Assistance for Needy Families program, the Social Services Block Grant program and the Child Care and Development Fund.

“This is funding that California parents count on to get the safe and reliable child care they need so that they can go to work and provide for their families,” he said. “It’s funding that helps families on the brink of homelessness keep roofs over their heads.”

Bonta also raised concerns regarding Health and Human Services’ request that California turn over all documents associated with the state’s implementation of the three programs. This requires the state to share personally identifiable information about program participants, a move Bonta called “deeply concerning and also deeply questionable.”

“The administration doesn’t have the authority to override the established, lawful process our states have already gone through to submit plans and receive approval for these funds,” Bonta said. “It doesn’t have the authority to override the U.S. Constitution and trample Congress’ power of the purse.”

The lawsuit was filed in federal court in Manhattan and marked the 53rd suit California had filed against the Trump administration since the president’s inauguration last January. It asks the court to block the funding freeze and the administration’s sweeping demands for documents and data.

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Video: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

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Video: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

new video loaded: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

transcript

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Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

President Trump did not say exactly how long the the United states would control Venezuela, but said that it could last years.

“How Long do you think you’ll be running Venezuela?” “Only time will tell. Like three months. six months, a year, longer?” “I would say much longer than that.” “Much longer, and, and —” “We have to rebuild. You have to rebuild the country, and we will rebuild it in a very profitable way. We’re going to be using oil, and we’re going to be taking oil. We’re getting oil prices down, and we’re going to be giving money to Venezuela, which they desperately need. I would love to go, yeah. I think at some point, it will be safe.” “What would trigger a decision to send ground troops into Venezuela?” “I wouldn’t want to tell you that because I can’t, I can’t give up information like that to a reporter. As good as you may be, I just can’t talk about that.” “Would you do it if you couldn’t get at the oil? Would you do it —” “If they’re treating us with great respect. As you know, we’re getting along very well with the administration that is there right now.” “Have you spoken to Delcy Rodríguez?” “I don’t want to comment on that, but Marco speaks to her all the time.”

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President Trump did not say exactly how long the the United states would control Venezuela, but said that it could last years.

January 8, 2026

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