Former president Donald Trump speaks at the Conservative Political Action Conference at National Harbor in Oxon Hill, Md., in March 2023. Conservative policymakers influential with former president Donald Trump are discussing how to use a little-known labor law to impose sweeping restrictions on private-employer-covered abortions, according to a public statement and two people with direct knowledge of labor policy discussions among Trump advisers.
The proposed change could make it vastly more difficult for residents of states with abortion bans to obtain abortions by traveling out-of-state, legal experts say, even asbetween the first half of 2020 and the first half of 2023, according to data from the Guttmacher Institute, which supports abortion rights.More than 170,000 patients traveled across state lines in 2023 to seek abortions, the institute’s data shows.
“These changes make people very fearful because the real-life consequences are potentially jail, and people losing their freedom, losing the ability to come home to their children at night,” McCaman Taylor said. Jonathan Berry, the author of Heritage’s proposal to change federal labor law around abortion for private-employer health insurance, and a former assistant secretary in the Labor Department during the Trump administration, is widely viewed as one of Trump’s leading advisers on labor issues. Berry is also a potential candidate for a senior position in the Labor Department under a new Trump administration, according to two conservative policy experts.
Maher noted that while the Labor Department could move to clarify ERISA to exclude abortion benefits, such a move would be likely to be struck down by a court because of ERISA’s “massive preemptive reach over states.”
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