A heated exchange over late-term abortion erupted between Vice President Kamala Harris and former President Donald Trump during their first presidential debate in Philadelphia.
When questioned by ABC moderators about the contentious issue of abortion, Trump claimed that Democrats in several states support allowing late-term abortions. He initially incorrectly stated that the former governor of West Virginia supported abortion after birth, before correcting himself and referencing former Virginia Gov. Ralph Northam’s comments on keeping an infant “comfortable” after birth until the mother decides what to do.
Harris countered Trump’s assertions by expressing her support for codifying the protections of Roe v. Wade into law, which guarantees a federal constitutional right to abortion. She denied Trump’s claim that any states permit abortion on demand at any point during pregnancy, stating, “Nowhere in America is a woman carrying a pregnancy to term and asking for an abortion. That is not an abortion. That is not happening.”
However, data from the healthcare think tank KFF reveals that seven states have no gestational age limits for abortion, while 11 states permit abortion up to fetal viability, except in cases where a medical professional determines it is necessary for the mother’s life or health. Four states allow abortion after the 24th week of pregnancy under similar circumstances.
Anti-abortion advocates argue that these exceptions effectively permit abortion at any time during pregnancy. Trump pressed Harris on the issue, asking if she would allow abortion in the seventh, eighth, or ninth month of pregnancy. Harris did not provide a direct response.
Trump also criticized Harris’s running mate, Minnesota Gov. Tim Walz, for his support of abortion into the ninth month, citing his signing of the Protect Reproductive Options Act in January 2023. The law established a “fundamental right to reproductive freedom” and prohibited restrictions on abortion, including gestational age limits. Trump characterized Walz’s stance as “execution after birth” rather than abortion, emphasizing his strong opposition to it.
