Former President Donald Trump’s announcement that he supports a state-by-state approach to abortion has received pushback from both sides of the aisle. Pro-life lawmakers criticized the announcement, saying they want a national abortion ban. Those who are pro-choice said Trump took credit for overturning Roe v. Wade and would go even further if he could. 

“The states will determine by a vote or legislation, or perhaps both, and whatever they decide must be the law of the land, or in this case the law of the state,” Trump said in a video statement on Monday, April 8.

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Trump then went on Truth Social to say that one of his closest allies in Congress, Sen. Lindsey Graham, R-S.C., is doing a great disservice to the Republican Party and country by advocating for a national 15-week ban.

In 2022, Graham introduced a bill that would ban abortion after 15 weeks with exceptions for rape, incest and risks to the health of the mother. Graham has previously said that he will reintroduce the bill before the November elections.

“The state’s rights approach, to me, you sort of abandoned your position on late-term abortion,” Graham told reporters. 

Graham explained his stance, saying 15 weeks is the point at which a baby can feel pain.

“I think Trump is right in this regard, it’s a state issue up to a point,” Graham said. “As that child develops, I think the American people find a consensus around 15 weeks that they’d like to limit abortion.” 

Republican lawmakers told Straight Arrow News they agree with President Trump’s new position. They contend it is consistent with what the American people want and aligned with the Supreme Court’s Dobbs decision. 

“The Supreme Court has turned it back over to voters, we’ve got to let voters sort through this,” Sen. Josh Hawley, R-Mo., said. “This is a tough issue. It’s a complex issue. And I think for those of us who are pro-life, we’ve got to go out and make that moral case to voters.” 

“President Trump’s comments yesterday were anything but extreme, they are mainstream,” Sen. Thom Tillis, R-N.C., said. 

Democrats, including President Biden, said if Republicans gain control of Congress and the White House in November, they will pass a national abortion ban and President Trump will sign it. 

“The Trump smokescreen simply is a disguise for a Republican strategy and plan to pass a national abortion ban,” Sen. Richard Blumenthal, D-Conn., said. “They’ve made it clear. And that’s why this election is so urgently important.”

“I don’t know where he stands on this issue,” Sen. Dick Durbin, D-Ill., said of Trump. “I think it’s pretty clear that he’s trying to find the best political position to help him in November.” 

Since the 2022 Dobbs decision, 21 states enacted abortion restrictions earlier in pregnancy than the standard set by Roe v. Wade, according to The New York Times. Twenty-six states kept abortion legal or enacted new protections, and three states have had their bans blocked in court.