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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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Video: Hillary Clinton Denies Ever Meeting Jeffrey Epstein

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Video: Hillary Clinton Denies Ever Meeting Jeffrey Epstein

new video loaded: Hillary Clinton Denies Ever Meeting Jeffrey Epstein

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Hillary Clinton Denies Ever Meeting Jeffrey Epstein

The former first lady, senator and secretary of state, Hillary Clinton, told congressional members in a closed-door deposition that she had no dealings with Jeffrey Epstein.

“I don’t know how many times I had to say I did not know Jeffrey Epstein. I never went to his island. I never went to his homes. I never went to his offices. So it’s on the record numerous times.” “This isn’t a partisan witch hunt. To my knowledge, the Clintons haven’t answered very many questions about everything.” “You’re sitting through an incredibly unserious clown show of a deposition, where members of Congress and the Republican Party are more concerned about getting their photo op of Secretary Clinton than actually getting to the truth and holding anyone accountable.” “What is not acceptable is Oversight Republicans breaking their own committee rules that they established with the secretary and her team.” “As we had agreed upon rules based on the fact that it was going to be a closed hearing at their demand, and one of the members violated that rule, which was very upsetting because it suggested that they might violate other of our agreements.”

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The former first lady, senator and secretary of state, Hillary Clinton, told congressional members in a closed-door deposition that she had no dealings with Jeffrey Epstein.

By Jackeline Luna

February 26, 2026

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Vulnerable House Dem lashes out at Trump’s ‘racist’ SOTU challenge: ‘That was uncomfortable’

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Vulnerable House Dem lashes out at Trump’s ‘racist’ SOTU challenge: ‘That was uncomfortable’

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Rep. Janelle Bynum, D-Ore., called a challenge from President Donald Trump at the 2026 State of the Union “racist” when he asked listeners to stand if they agreed the U.S. should prioritize the safety of its own citizens over illegal aliens.

“If you agree with this statement, then stand up and show your support,” Trump said.

“The first duty of the American government is to protect American citizens, not illegal aliens.”

Democrats remained seated for over a minute and a half as the Republican side of the chamber burst into prolonged applause.

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President Donald Trump pictured ahead of his 2026 State of the Union Address on Feb. 24, 2026. (Kenny Holston-Pool/Getty Images)

After the address, Bynum, who is on the National Republican Congressional Committee’s list of vulnerable Dem incumbents, said the moment made her uneasy.

“I think you can agree with the ‘what’ — like standing up for American citizens,” Bynum said. “But I disagree with the ‘how.’”

“There’s thinly veiled racist language, anti-immigrant language in what he was asking, and that was uncomfortable,” Bynum said.

Bynum’s office did not immediately respond to a request for comment on how Trump’s challenge had asked lawmakers to discriminate on the basis of race. 

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TRUMP SHAMES DEMOCRATS IN VIRAL STATE OF THE UNION CHALLENGE ON MIGRANT CRIME: ‘FIRST DUTY’

Trump’s remarks to Democrats on Tuesday came as a partial government shutdown drags on over demands Democrats have made to reform the agency at the heart of Trump’s immigration crackdown.

Rep. Janelle Bynum, D-Ore., left, pictured alongside President Donald Trump, right. (Bill Clark/CQ-Roll Call, Inc via Getty Images; Craig Hudson For The Washington Post via Getty Images)

Democrats are demanding a set of 10 enforcement reforms for Immigration and Customs Enforcement (ICE) and won’t vote to fund the Department of Homeland Security (DHS) until Republicans meet their demands.

DHS, which oversees ICE, went into a shutdown on Feb. 14.

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DHS SHUTDOWN DRAGS INTO WEEK TWO AS IRAN THREAT, SOTU CLASH COMPLICATE HILL TALKS

Among other changes, Democrats are looking for a ban on masks, an end to roaming patrols, visible identification and stiffer warrant requirements for arresting illegal aliens in public.

Republicans have dismissed those demands, arguing that Democrats must first pass legislation to restrict “sanctuary cities” — local communities that have instructed their law enforcement not to cooperate with federal agents on immigration apprehensions and deportations.

DHS Agents in Charlotte, North Carolina on a mission. (Ryan Murphy/Getty Images)

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In a press release after the State of the Union, Bynum, who voted against DHS earlier this year, listed Trump’s framing of his immigration crackdown among her many critiques of the address.

“Tonight, I watched President Trump spend the majority of his speech lying about the state of our economy, demonizing immigrants and spewing more of the same divisive BS. I can’t say I’m surprised,” she wrote.

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Trump’s State of the Union address draws 32.6 million viewers, marking smallest audience yet

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Trump’s State of the Union address draws 32.6 million viewers, marking smallest audience yet

Over 32.6 million viewers watched President Trump address the nation on Tuesday night, according to Nielsen data.

It’s both the smallest audience Trump has received for the annual speech to a joint session of Congress, and the longest State of the Union address in recent history.

This was the president’s first State of the Union address of his second term. Previously, his addresses scored 45.5 million in 2018, 46.8 million in 2019 and 37.1 million in 2020, the Nielsen data show.

This year’s speech clocked in at 107 minutes, topping the record set by President Clinton in 2000.

Facing low approval ratings, Trump played up positive economic numbers, some of which were misstated, and the administration’s aggressive crackdown on undocumented immigrants, drawing polarized reactions in the chamber.

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Trump also recognized the Men’s Olympic hockey team, which won its first gold medal since 1980 on Sunday with its victory against Canada, and a number of other guests attended the address, including the widow of right-wing activist Charlie Kirk and Paramount Skydance’s CEO David Ellison.

The U.S. Olympic men’s ice hockey team arrives for the State of the Union address .

(Kenny Holston / Pool, Getty Images)

There were 15 networks that televised the speech. Fox News had the largest audience with 9.1 million viewers. ABC was second with 5.1 million, followed by NBC‘s 3.6 million, CBS’ 3.3 million, MS NOW’s 2.4 million, CNN’s 2.2 million, and the Fox broadcast network’s 2.1 million.

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