In the Era of Post-Roe America, Nikki Haley Paves the Way for a Fresh GOP Approach to Abortion

In May 2016, Gov. Nikki Haley of South Carolina walked down the aisle of the statehouse, filled with joy and excitement, while signing the legislation that significantly limited abortion in the state after 20 weeks of pregnancy. However, she wanted to ensure that social conservatives were aware of her stance. So her office organized a second ceremonial signing at Hidden Treasure Christian School, an evangelical academy for children with disabilities in South Carolina’s conservative Upstate region. Standing alongside the staunchly anti-abortion lawmakers who sponsored the bill, and surrounded by numerous children, Haley made it clear that her support for the cause was personal, not just political.

“I am not pro-life because the Republican Party tells me to be,” she declared, promoting her endorsement of the ban, which banned abortion, even in cases of rape or incest. “I’m pro-life because all of us have had experiences of what it means to have one of these special little ones in our life, to lose one, to know what it takes and how hard it is to get one.”

Seven years later, Haley’s stance on abortion remains largely unchanged. However, the same cannot be said for the country as a whole. Haley has portrayed herself as an empathetic advocate for compassionate “consensus” on one of America’s most divisive social issues, both during campaign events and in speeches before anti-abortion groups.

“We need to stop demonizing this issue,” she expressed at the first Republican debate. “It’s personal for every woman and man. Now, it’s been put in the hands of the people. That’s great.”

The Supreme Court’s decision to overturn federal abortion rights has transformed an issue that was once broadly accepted by the American public into a political weapon for Democrats. This rapid shift has forced Haley and other Republicans to navigate the delicate balance between her “unapologetically pro-life” record and the majority of American voters who support some form of abortion rights.

Some Republicans see Haley as a trailblazer, offering a path forward on an issue that has become damaging for their party since the 2022 decision. They believe that her message could resonate with the conservative, anti-abortion base without alienating moderate Republicans and swing voters. For Haley, this approach is part of a larger strategy to position herself as a more electable alternative to Donald Trump and Gov. Ron DeSantis of Florida.

Tudor Dixon, the Republican candidate for governor in Michigan last year, cautioned that Republicans would lose the messaging battle over abortion in 2024 unless they adopted a similar stance to Haley’s, focusing on compassion and finding common ground. Dixon herself faced a barrage of Democratic attacks over her opposition to abortion, including in cases of rape or incest, during her own campaign.

“Democrats are trying to make anybody who is pro-life the enemy of women,” Dixon stated. “It felt so good to see a strong, caring woman come at this message from a personal and loving perspective.”

In a closed-door meeting, Senate Republicans discussed new polling data that indicated voters now saw the term “pro-life” as synonymous with being against abortion without exceptions. The poll, conducted by a super PAC tied to Mitch McConnell, also revealed that female politicians like Haley were better received as messengers for the Republican position on the issue. The group urged Republican senators to do a better job of explaining their nuanced and broadly popular positions, which include supporting exceptions for rape, incest, and the health of the mother.

Even Mr. Trump, the front-runner in the 2024 GOP primary race, has advised Republicans to embrace less strict restrictions, while resisting pressure from anti-abortion activists to support a 15-week federal ban. Such a ban is widely unpopular, with polling showing that 64% of independent voters and 57% of female voters oppose it.

Although Haley does not offer many policy specifics, she dismisses the idea of a 15-week federal ban as unrealistic due to the Senate’s insufficient margin to pass such a proposal. Instead, she focuses on areas of national agreement, including a ban on late-term abortions, promoting adoption, providing contraception, and refraining from criminalizing women who undergo the procedure.

Efforts by Haley and others to soften their approach face opposition from more strident anti-abortion activists. These activists consider the Supreme Court’s decision to overturn Roe as a starting point, rather than an end, to their mission. They believe that a national defender of life is needed to boldly advocate for the pro-life position.

Haley’s approach is influenced by her personal experiences. In college, she witnessed a friend worry about an unwanted pregnancy following a rape. She also struggled with infertility and underwent fertility treatments to have her two children. Her husband, Michael Haley, was adopted as a young child, which became a significant reason for her opposition to abortion.

“I don’t know if any of the others on that debate stage or Trump can do what she has done and talk about this issue in a compassionate, empathetic manner based on real knowledge,” said Jennifer Nassour, a former head of the Massachusetts Republican Party who supports Haley. “She’s the only leader who can bring everyone together on such a divisive issue.”

Although Haley’s record on abortion showcases her conservative stance, during her time in South Carolina, she pushed for restrictions on abortion access. As a state legislator, she supported bills that mandated ultrasound tests and a 24-hour waiting period before an abortion. In 2005, she voted for a bill granting constitutional rights to a zygote, the fertilized egg cell that forms after conception. Four years later, she co-sponsored legislation that declared the “right to life” begins at the point of fertilization, several weeks before a pregnancy is typically detectable.

Such bills have been used as a means to grant constitutional rights to embryos and fetuses and could potentially limit access to in vitro fertilization and contraception, not just ban abortion.

“My record on abortion is long and clear,” Haley stated in a speech to the Susan B. Anthony anti-abortion group. “I voted for every pro-life bill that came before me.”

However, this anti-abortion record may prove challenging for Haley and other Republicans who supported similar legislation over the years to overcome in a general election. In the decade leading up to the overturning of Roe, Republican legislators enacted approximately 600 laws restricting abortion. Voters now view these records differently in a post-Roe world, where abortion is nearly banned.

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