White House declines to say whether it supports unrestricted abortion in blue states

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Joe Biden's big abortion promise

He makes abortion the No. 1 item for the next Congress, but beware the details.

The White House declined to comment when asked whether President Joe Biden supports measures to codify abortion access up until birth into state constitutions.

Biden said on Thursday that he supports restrictions on abortion as previously established under Roe v. Wade, which protected abortion access prior to fetal viability at roughly 24 weeks gestation. But several Democrat-run states allow abortions or are voting on propositions this year that would do so, regardless of whether a fetus can survive outside the womb – a policy that will be on the ballot in November for some states to adopt as a part of their constitutions. 

California protects abortion access up until fetal viability, but this could soon expand under Proposition 1. The ballot measure would change the California constitution to "expressly include existing rights to reproductive freedom." Dr. Pratima Gupta, who advised lawmakers on the language of the proposition, said their intention was to leave out any mention of viability. 

President Joe Biden and first lady Jill Biden  (Jaob King/Pool Photo via AP)

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"Every pregnancy is individual, and it's a continuum," Gupta said. 

Catherine Hadro, a spokeswoman for California’s No on Prop. 1, said Californians generally support the framework of Roe, but the proposed measure is far more extreme. Her group, she noted, consists of members of both parties who oppose the measure. 

"Prop. 1 authors have admitted they left out viability language on purpose, meaning it would allow late-term abortions through a full nine months of pregnancy," Hadro told Fox News Digital. "President Biden and his administration have made clear he supports Roe v. Wade limits on abortion. We warmly welcome President Biden into our growing coalition comprised of both pro-choicers and pro-lifers to stop the extreme Proposition 1."

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Pro-life demonstrators crash the Women's March Action Rally for Reproductive Rights at Mariachi Plaza in Los Angeles, California, on Oct. 8, 2022. (David McNew/AFP via Getty Images)

The White House did not respond to a request for comment on if Biden supports Proposition 1 in California.

There are six states, along with Washington, D.C., that have no gestational limits on abortion: Alaska, Oregon, New Mexico, Colorado, New Jersey, and Vermont. Several others have exceptions to the health of the mother, which is applied more liberally than exceptions to the life of the mother. 

Vermont has a ballot measure for November with nearly identical language to that of California's that would codify its unlimited abortion access. Proposal 5 would update the state constitution to declare an "individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course and shall not be denied or infringed unless justified by a compelling State interest achieved by the least restrictive means." There is no mention of fetal viability.

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President Biden speaks about inflation and supply chain issues in Los Angeles. (AP Photo/Damian Dovarganes)

Michigan, in its November ballot measure, proposes to alter its constitution to similarly establish a "fundamental right to reproductive freedom." The measure states the government may limit abortion access after fetal viability, but it redefines it as a situation in which there is "significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures."

The White House did not comment on the Vermont and Michigan ballot measures. 

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Several Democratic candidates have declared in recent weeks that they do not support any restrictions on abortion. This includes Arizona gubernatorial candidate Katie Hobbs, Georgia gubernatorial candidate Stacey Abrams, and Pennsylvania Senate candidate John Fetterman.