Graham's Support for States' Rights Resurfaces After Abortion Ban Proposal

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Republican Sen. Lindsey Graham unveiled a bill for a nationwide abortion ban after 15 weeks of pregnancy on Tuesday, prompting his previous comments supporting states' rights to resurface.

Graham's proposed bill would prohibit abortion after that time limit, except in cases of rape, incest or risk to the physical health of the mother.

He said Republicans are preparing to fight to make a nationwide abortion ban federal law after the Supreme Court's June 24 ruling overturning Roe v. Wade, stripping away federal protections for abortion.

Many took to social media to call out Graham and Republicans who had long argued that the Supreme Court's ruling leaves the abortion issue for the states to decide.

Sen. Lindsey Graham (R-SC) speaks
Sen. Lindsey Graham (R-SC) speaks during news conference to announce a new bill on abortion restrictions, on Capitol Hill September 13, 2022 in Washington, DC. Drew Angerer/Getty Images

In early May, after a leaked draft published by Politico suggested the court was poised to overturn Roe, Graham tweeted that it would mean "every state will decide if abortion is legal and on what terms."

On the day the decision was handed down, Graham hailed it in a tweet as "a long overdue constitutional correction allowing for elected officials in the states to decide issues of life."

And in an interview last month, he again said he believed that abortion—as well as same-sex marriage—were issues for the states to settle.

"I've been consistent. I think states should decide the issue of marriage and states should decide the issue of abortion," the South Carolina Republican said on CNN's State of the Union in August, during a discussion on legislation seeking to codify marriage equality.

That comment was quoted by White House press secretary Karine Jean-Pierre during a press briefing on Tuesday. "That's from his own, his own mouth, and now he wants to do a national ban," she said.

Jean-Pierre called his proposal "an extreme piece of legislation and it is in line from what we are seeing from Republicans on these extreme agendas."

Georgetown University Professor Don Moynihan noted that Graham's bill would leave in place state laws that are more restrictive.

"The Graham abortion ban lets red states do what they want and reduces access in blue states," Moynihan wrote.

"It is not a compromise or 'moderate.' It's another step in restricting access in states where Republicans can't win elections. Its states rights for me, federal rules for thee."

Gavin J. Smith, a public relations professional and political strategist, tweeted: "If @LindseyGrahamSC will work to overturn Roe citing 'state's rights,' & then work to federally mandate abortion restrictions—his 'no' vote on Respect for Marriage Act citing *state's rights* should signal that he'll work to federally mandate same-sex marriage restrictions."

Journalist Kyle Griffin wrote: "The argument that overturning Roe was just about states rights seems moot now that Lindsey Graham introduced a federal abortion ban."

Progressive political commentator Brian Tyler Cohen added: "Every single media outlet should be talking about the fact that Republicans are introducing a bill to ban abortion nationwide today.

"It was never about 'states' rights.' If they win in November they will try to ban abortion in all 50 states."

Republican leaders have not embraced Graham's bill, which could pose problems for GOP candidates facing competitive race in the midterm elections.

Senate Republican leader Mitch McConnell said most GOP senators prefer having the issue dealt with by the states, rather than at the federal level.

Graham and McConnell have been contacted for further comment.

About the writer

Khaleda Rahman is Newsweek's National Correspondent based in London, UK. Her focus is reporting on education and national news. Khaleda joined Newsweek in 2019 and had previously worked at the MailOnline in London, New York and Sydney. She is a graduate of University College London. Languages: English. You can get in touch with Khaleda by emailing k.rahman@newsweek.com


Khaleda Rahman is Newsweek's National Correspondent based in London, UK. Her focus is reporting on education and national news. Khaleda ... Read more