STEVE INSKEEP, HOST:
Abortion access is directly on the ballot in 10 states. It is also at stake in a less direct way when it comes to who the next president might be and what they might do. Vice President Harris says that if she's elected, she would restore reproductive freedom and sign a bill enshrining the right to an abortion.
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VICE PRESIDENT KAMALA HARRIS: When Congress passes a bill to restore reproductive freedom nationwide, as president of the United States, I will proudly sign it into law.
INSKEEP: You'll note that she says, when Congress passes a bill - that would have to come first. So how much power does a president actually have here?
A MARTÍNEZ, HOST:
Joining us now to discuss is NPR correspondent Elissa Nadworny. So how likely would it be that a President Harris, if she becomes president, could actually get that bill on her desk?
ELISSA NADWORNY, BYLINE: Well, just like Steve said, she's not going to be able to pass legislation expanding abortion access without Congress, and, you know, that depends on what party controls it. Now, Harris could try and repeal a law first enacted in the 1970s called the Hyde Amendment, which generally prohibits federal money from being used for abortions, but she can't do that alone, either. And look - even if she did get something passed, there would no doubt be legal challenges, and there is a conservative Supreme Court now.
MARTÍNEZ: So does that mean passing a federal law banning abortion could also then be a challenge?
NADWORNY: Well, former President Trump and his allies have talked about passing national abortion limits - sometimes called a minimum national standard - but it's not a very popular idea. And just weeks ago on the campaign trail, Trump rolled that idea back, saying he would actually veto a federal abortion ban.
MARTÍNEZ: All right, so a new nationwide law on abortion might not be in the cards. But could the next president then use existing federal law to change abortion access?
NADWORNY: Yeah, so one of the ways a Trump presidency could limit abortion is by deciding to enforce something called the Comstock Act. It's an antiobscenity law from the 1800s that could be used to criminalize abortions. You could ban abortion pills or medical instruments needed for an abortion.
MARTÍNEZ: What about just bypassing Congress and just simply going with executive power?
NADWORNY: Yeah. A president could use executive authority to do a lot of things, like strengthen privacy laws that would protect women from prosecution. Or they could, for example, create abortion tracking requirements, in the other direction. The president also nominates who's in charge of the Food and Drug Administration, which regulates abortion pills. Nearly two-thirds of all abortions in the U.S. are medication abortions, so getting pills through the mail has been a key way for people who live in states with bans. A new leader at the FDA could roll back that access, and make it harder for providers to send pills.
MARTÍNEZ: Got a feeling, though, no matter what happens, it's all going to wind up at the courts.
NADWORNY: Exactly. And another critical presidential power is the authority to appoint judges - not just at the Supreme Court, but to federal and appellate courts. Sonia Suter, a law professor at George Washington University, says courts are where abortion policy is being decided.
SONIA SUTER: Questions about the right to travel, for example. Can providers tell people in banned states about access to abortion, where they can get an abortion and in non-banned states? Can laws restrict that? These are questions that are being addressed at the federal court level.
NADWORNY: And, you'll remember, during Trump's presidency, he appointed a number of justices and judges who have now had a huge impact on the whole abortion debate.
MARTÍNEZ: All right. That's NPR's Elissa Nadworny. Thank you very much.
NADWORNY: Thank you. Transcript provided by NPR, Copyright NPR.
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