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What Does 'Minimum National Standard' for Abortion Mean?

"Please tell everyone you know that 'minimum national standards' is a federal abortion ban," one U.S. senator wrote on X.

Published Oct. 11, 2024

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During the vice-presidential debate on Oct. 1, 2024, CBS moderator Norah O'Donnell asked Republican U.S. Sen. JD Vance why he switched from once supporting a federal abortion ban after 15 weeks to later opposing such a move. Shortly after the 49:19 timestamp in the video below, Vance countered by claiming he "never supported a national ban" (which itself was a false claim) and instead, while running for Senate in 2022, talked about setting "some minimum national standard" for abortions.

Vance did not further elaborate on what this phrase meant, nor did the moderators seek clarification. 

While Vance debated Minnesota Gov. Tim Walz, former U.S. President Donald Trump said on X and Truth Social he would not support a federal abortion ban if reelected and would, in fact, veto such a bill if it arrived on his desk, something Vance previously asserted.

Several news outlets then published headlines about Trump's commitment to vetoing a federal abortion ban.

However, numerous abortion-rights activists and Democratic politicians claimed a "minimum national standard" for abortion is just another name for a national abortion ban.

U.S. Sen. Patty Murray, D-Wash., wrote on X: "We can't let JD Vance, Trump—or any Republicans—try to run away from their extreme anti-abortion positions. When they say a national minimum standard, they mean a national abortion ban. That is and always has been the MAGA GOP goal."

Although news magazine The Atlantic claimed Vance "simply debuted a new euphemism" for a national abortion ban when using the phrase "minimum national standard" during the debate, conservative politicians and anti-abortion activists have used the term for years, with its meaning often sliding under the radar. 

So what do politicians and activists mean when they say a "minimum national standard" for abortion? And how does it differ — if at all — from a federal abortion ban?

What Is a 'Minimum National Standard' for Abortion?

A "minimum national standard" for abortion is framed differently by those who support abortion rights and those who oppose abortions. Both positions are outlined below:

Conservatives' Definition

The 2024 election brought to the fore fractures within the GOP when it came to abortion policy. Many conservatives supported what they called a "minimum national standard," which would ban abortion at the federal level after a certain number of weeks of pregnancy; in most cases, 15 weeks. Some politicians advocated a "minimum national standard" banning abortion after that 15-week limit with what are often called the three exceptions — rape, incest and protecting the life of the mother. Others have indicated they support a federal abortion ban with no exceptions.

In June 2023, former Vice President Mike Pence stated at a gathering of leading Christian conservatives: "We must not rest and we must not relent until we restore the sanctity of life to the center of American law in every state in this country. Every Republican candidate for president should support a ban on abortion before 15 weeks as a minimum nationwide standard."

Some abortion opponents said they use this language because they believe it describes their position more accurately than the word "ban."

"Ban means everything, so a federal limit means partially banning. Banning is not the word that we use because it's not accurate," Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, said in a 2023 interview with The New York Times.

Conservatives have been using the phrase since at least 2022, when South Carolina Sen. Lindsey Graham sponsored legislation that would introduce a "minimum national standard" of allowing abortions only up to 15 weeks of pregnancy — which Vance indicated support for on multiple occasions while running for Senate.

"I will continue to advocate that there should be a national minimum standard limiting abortion at fifteen weeks because the child is capable of feeling pain, with exceptions for rape, incest and life of the mother," Graham said in an April 2024 statement, delineating from Trump after the former president announced he believed abortion is a states' rights issue.

In short, "minimum national standard" is not an official term, and its meaning is not set in stone, which may be, in part, intentional, or at least convenient for conservatives in appealing to both sides of the abortion debate. For example, a 2023 study by the Public Religion Research Institute found nearly two-thirds (64%) of Americans support abortion legality in all or most cases. But the Trump campaign also wants to maintain the support of major anti-abortion groups such as Susan B. Anthony Pro-Life America, Students for Life and National Right to Life, among others.

Abortion Rights Activists' Definition

From the perspective of many Democrats and abortion-rights activists, any federal-level legislation on abortion that restricts the procedure somewhere is a ban. Although proposals for a "minimum national standard" do not constitute a total ban, they are a ban in these groups' eyes.

Snopes contacted The Center for Reproductive Rights and, although they could not comment on candidates or the election as a 501(c)(3) nonpartisan organization, they said via email that "this language is being used across the anti-abortion movement in an attempt to fool the public." The organization wrote:

What they are referring to is a national abortion ban, but they know the majority of Americans do not support such a ban, so they are calling it something else and hoping people don't notice. This is a classic tactic of the anti-abortion movement—to disguise their extreme beliefs in language that sounds reasonable.

Jessica Valenti, author of "Abortion: Our Bodies, Their Lies, and the Truths We Use to Win," said on X she has been "banging the drum about 'minimum national standard' and conservatives' war on the word 'ban' for over a year."

Valenti wrote via email that when Trump and Vance say they don't support a ban, it's like "the rhetorical equivalent of crossing their fingers behind their back" and that Vance has made clear that what most Americans think of as an abortion ban, he calls a minimum standard. She wrote:

That means when Trump/Vance says that they oppose a "ban" or would veto a "ban", they're talking about a total ban without a single exception. And when they say they support a "national minimum standard" or restriction, they're talking about a prohibition on abortion at some point in pregnancy with at least one restriction.

Where do Trump and Vance Currently Stand?

In March 2024, Trump himself indicated support for a 15-week abortion ban, as we've previously reported. His campaign then dropped this stance, choosing instead to decline an endorsement for a national abortion ban in April 2024 and announcing that he supported state-determined limits for abortion.

Snopes contacted Vance's team for clarification on how the campaign currently defines a "minimum national standard" and whether Vance currently supports any current legislation regarding a minimum national standard. However, we did not receive any response as of this writing.

Trump's team did not directly answer the same questions, responding with the following via email:

President Trump has long been consistent in supporting the rights of states to make decisions on abortion and has been very clear that he will NOT sign a federal ban when he is back in the White House. President Trump also supports universal access to contraception and IVF. Contrarily, Kamala Harris and the Democrats are radically out of touch with the majority of Americans in their support for abortion up until birth and forcing taxpayers to fund it.

In Sum ...

Although Trump and Vance have said they do not endorse a national abortion ban and would, in fact, veto such a bill, Democratic politicians, abortion-rights activists and reproductive-rights organizations have indicated that when Republican politicians discuss a "national abortion ban," they're talking about a total ban without a single exception. As far as we can tell, a "minimum national standard" would still effectively ban some abortions nationwide, possibly with exceptions for rape, incest or the life of the mother.

Because of that, it is clear that abortion-rights advocates consider the "minimum national standard" proposed by some conservative politicians and the anti-abortion movement tantamount to a federal abortion ban.

Sources

Becket, Stefan. Read the Full VP Debate Transcript from the Walz-Vance Showdown - CBS News. 2 Oct. 2024, https://www.cbsnews.com/news/full-vp-debate-transcript-walz-vance-2024/.

Bender, Michael C. 'Anti-Abortion Group Urges Trump to Endorse a National Ban'. The New York Times, 20 Apr. 2023. NYTimes.com, https://www.nytimes.com/2023/04/20/us/politics/trump-abortion-susan-b-anthony.html.

González-Ramírez, Andrea. 'Trump's National Abortion Ban Deception'. The Cut, 2 Oct. 2024, https://www.thecut.com/article/trump-deceptive-national-abortion-ban-stance.html.

'Graham: Pro-Life Movement Is About The Wellbeing Of The Unborn Child, Not Geography'. United States Senator Lindsey Graham, https://www.lgraham.senate.gov/public/index.cfm/2024/4/graham-pro-life-movement-is-about-the-wellbeing-of-the-unborn-child-not-geography. Accessed 8 Oct. 2024.

PerryCook, Taija. 'Harris Claims Trump Would Sign National Abortion Ban. Here's What We Know'. Snopes, 1 Oct. 2024, https://www.snopes.com//news/2024/10/01/trump-harris-national-abortion-ban/.

'Public Opinion on Abortion'. Pew Research Center, 13 May 2024, https://www.pewresearch.org/religion/fact-sheet/public-opinion-on-abortion/.

Serwer, Adam. 'Trump and Vance Are Calling Their Abortion Ban Something New'. The Atlantic, 5 Oct. 2024, https://www.theatlantic.com/politics/archive/2024/10/trump-vance-abortion-ban/680157/.

Shutt, Jennifer. 'Reproductive Rights: Where Do Trump and Harris Stand? • Nebraska Examiner'. Nebraska Examiner, 8 Oct. 2024, https://nebraskaexaminer.com/2024/10/08/reproductive-rights-where-do-trump-and-harris-stand/.

'Trump Declines to Endorse a National Abortion Ban. He Says Limits Should Be Left to the States'. AP News, 8 Apr. 2024, https://apnews.com/article/trump-abortion-2024-ban-7bf06e0856b88a710c79a6eb85cffa6a.

Taija PerryCook is a Seattle-based journalist who previously worked for the PNW news site Crosscut and the Jordan Times in Amman.