WASHINGTON (AP) — A flood of laws banning abortions in Republican-run states has handed Democrats a
political weapon heading into next year’s elections, helping them paint the GOP as extreme and court
centrist voters who could decide congressional races in swing states, members of both parties say.
The Alabama law outlawing virtually all abortions, even in cases of rape or incest, is the strictest so
far. Besides animating Democrats, the law has prompted President Donald Trump, other Republican leaders
and lawmakers seeking reelection next year to distance themselves from the measure.
Their reaction underscores that Republicans have risked overplaying their hand with severe state laws
that they hope will prod the Supreme Court, with its ascendant conservative majority, to strike down Roe
v. Wade, the 1973 decision that legalized abortion. It also illustrates the way that those statutes are
forcing the GOP to struggle over how to satisfy its core anti-abortion supporters without alienating the
vast majority of voters averse to strictly curbing abortion.
The Alabama law is "a loser for Republican candidates in Colorado, without question, and in many
other swing parts of the country, because it’s extreme," David Flaherty, a Colorado-based
Republican consultant who’s worked on congressional races around the country. "It’s only going to
widen the gender gap."
Brian Fitzpatrick, a Vanderbilt Law School professor and former aide to Sen. John Cornyn, R-Texas, said
there are many "women, moderate women who are going to be scared that this right that they thought
they had for the last 40-some years is going to be shelved" and they will be motivated to vote.
GOP Sens. Joni Ernst of Iowa and Susan Collins of Maine, both seeking reelection next year, said the
Alabama ban goes too far by eliminating exceptions for pregnancies involving rape or incest. A 2005
survey by the Guttmacher Institute, which backs abortion rights, found about 1% of women said they had
abortions because of rape or incest.
Democrats see the statutes as a way to weave a broader message about Republicans.
"You use it as an example of what they do when they’re unchecked," said Rep. A. Donald
McEachin, D-Va., a leader of the Democratic Congressional Campaign Committee, House Democrats’ campaign
organization. "I think it drives moderate Republicans away from their party."
Democratic presidential contenders are competing to lambast the Alabama law, which allows exceptions when
the mother’s health is endangered. Sen. Kirsten Gillibrand, D-N.Y., called it an "existential
threat to the human rights of women," while former Vice President Joe Biden said GOP hopes of
striking down Roe v. Wade are "pernicious and we have to stop it."
Campaign Facebook and Twitter accounts of Democrats seeking reelection next year, such as Sens. Doug
Jones of Alabama and Jeanne Shaheen of New Hampshire, are littered with posts attacking the harsh
restrictions. "The people of Alabama deserve to be on the #rightsideofhistory — not the side of
extremists," Jones tweeted.
Georgia, Kentucky, Louisiana, Mississippi and Ohio have enacted or neared approval of measures barring
abortion once there’s a detectable fetal heartbeat, which can occur in the sixth week of pregnancy,
before a woman may know she is pregnant. Missouri lawmakers approved an eight-week ban.
The federal Centers for Disease Control and Prevention says that of the 638,000 abortions it tallied in
2015, almost two-thirds were performed within the first eight weeks of pregnancy. About 1% were
performed during or after the 21st week.
Spotlighting the perilous political territory Republicans are navigating, an April poll by the
nonpartisan Kaiser Family Foundation found that Americans support Roe v. Wade by 2-1. A Gallup poll last
year found that 57% of adults who described themselves "pro-life" nonetheless said abortion
should be legal if the pregnancy results from rape or incest.
The focus on the state measures has also stolen GOP momentum on abortion. Until now, congressional
Republicans had spent much of this year forcing Democrats onto the defensive, goading them into blocking
bills aimed at curbing the rare abortions performed late in pregnancies and misleadingly accusing them
of supporting infanticide.
"Obviously, the attention has shifted," said Sarah Chamberlain, president of the Republican
Main Street Partnership, which represents dozens of moderate GOP lawmakers. She said while her group
doesn’t think Democrats’ focus on the harsh laws has gained traction, "We are talking about that
and how it’s going to play in our districts."
Some Republicans say the Democratic drive will have minimal impact because the abortion issue drives
relatively few voters from each party. Others say GOP candidates should accuse Democrats of extremism by
opposing bills restricting abortions late in pregnancy and, if they wish, cite their support for
exempting rape and incest victims.
Democrats have "never seen an abortion they don’t like," said David O’Steen, executive director
of the National Right to Life Committee.
Added Sen. Todd Young, R-Ind., who heads the National Republican Senatorial Committee, the Senate GOP
campaign arm: "We’re not Alabama state representatives, we’re United States senators. And each of
us has to make our positions known."
Yet the laws have generated energy among abortion-rights groups, which held more than 500 demonstrations
and other events this past week. "We will power this movement into 2020. There will be political
consequences," said Ilyse Hogue, president of NARAL Pro-Choice America.
Trump and House Minority Leader Kevin McCarthy, R-Calif., distanced themselves early last week from the
Alabama statute. They were joined Wednesday by Senate Majority Leader Mitch McConnell, R-Ky., who told
The Associated Press, "My position remains unchanged for 25 years. I’m opposed to abortion except
in cases of rape, incest and the life of the mother" being in jeopardy.
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Associated Press writers Ricardo Alonso-Zaldivar and Elana Schor contributed to this report.