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Is RFK Jr. Breaking With the Democratic Party on This Major Issue?

As much of a long-shot bid as Robert F. Kennedy Jr.'s primary challenge to President Joe Biden may be, it turns out that the way in which he's breaking with the Democratic Party puts him more in line with what many Americans think. Perhaps that's why congressional Democrats show him contempt in committee hearings and on the Sunday shows, and why he's been denied Secret Service protection. Kennedy has already come out against biological males being able to compete in women's and girls' sports, and now he might be showing he's more reasonable than most elected officials in his party when it comes to another key issue. 

On Sunday morning, Kennedy was speaking to NBC News at the Iowa State Fair when he appeared to signal a willingness to support a federal ban on abortion at a certain point. His campaign later walked back what support he may have for the pro-life viewpoint, though.

"Would you sign a federal protection to protect the rights that were in the Roe precedent, if you were president," he was asked by NBC News. 

"I believe a decision to abort a child should be up to the women during the first three months of life," he responded. 

When asked "so, you would cap it at 15-weeks," Kennedy took some time to think about it before answering "yes." He also said "yes" when the reporter asked "or 21-weeks?"

"So three months. You would sign a federal cap on that," the reporter clarified, prompting more thinking from Kennedy before he confirmed, "yes, I would."

The first three months of an unborn child's life, or the first trimester, would actually be at 12-weeks. A 15-week federal abortion ban has already been introduced in Congress by Sen. Lindsey Graham (R-SC), based on the point when unborn children are thought to feel pain, and how the procedure becomes increasingly more dangerous for the mother. 

When the reporter also looked to confirm that Kennedy does not support "unlimited access to abortion, as many in the Democratic Party would," he went on to mention states' rights on the issue. 

"I think the states, once a child is viable outside the womb, I think then a state has an interest in protecting the child," he continued, adding "I think the state has an interest at every level," but also going on to say "I'm for medical freedom. I think individuals ought to be able to make their own choices."

The reporter shared she was "surprised" to hear Kennedy say he'd dare to not allow for unlimited abortion and would "cap it."

"I think at some point the state, I would personally not, but I think the states have a right to protect a child once a child becomes a viable," Kennedy responded. He also threw in a pro-abortion talking point, mentioning that "I think there's very, very few abortions that are performed after that period of time anyway...most abortions are performed during the first three months of life." The clip ends with Kennedy making the case that he "fought harder than anybody in this country for medical freedom," likely speaking to his stance raising questions about vaccines.

When it comes to dismissing the amount of later abortions that occur, the Guttmacher Institute estimated that 1.3 percent of abortions in 2019 took place after 21-weeks, a statistic often cited by pro-abortionists. However, that still means that approximately 11,210 abortions took place at this stage. And these are just estimates.

Furthermore, just 37 percent of Americans believe that abortion should be legal in the second trimester, and just 22 percent believe that it should be legal in the third trimester, according to Gallup

Susan B. Anthony Pro-Life America was quick to applaud RFK Jr.'s comments, framing his initial views as a consensus.

However, Kennedy's campaign ultimately walked back his remarks. As the NBC News report mentioned:

“Mr. Kennedy misunderstood a question posed to him by an NBC reporter in a crowded, noisy exhibit hall at the Iowa State Fair,” a spokesperson said, clarifying the candidate’s stance on abortion as “always” being the woman’s right to choose. Kennedy "does not support legislation banning abortion,” the spokesman added.

SBA Pro-Life's pinned tweet from Monday expressed frustration at the walk-back. 

"Democrat pollsters tell them to avoid discussing milestones that humanize the child in the womb at all costs, and instead to paint their Republican opponents as the extremists," the statement read in part. "It seems clear someone told Kennedy to step back in line. This speaks volumes about the radical abortion lobby’s grip on party leadership and consultants. The voters deserve to hear directly from Kennedy on where he really stands given the conflicting statements from him versus his campaign," urging Kennedy to speak further on the issue.

The statement links to an article from The New York Times, "How Democrats Used the Abortion Debate to Hold Off a Red Wave," from right after last year's midterm elections that turned out to be more disappointing than expected for the Republican Party. 

"Courageous Democrats who stand up to bullies within their party are sadly few and far between. Diversity of thought when it comes to abortion is no longer encouraged or tolerated. We urge Democrats who are being censored to be brave and come forward," the statement went on. "Candidates must be allowed to take morally sound, politically smart positions that align with the people. Voters deserve clarity about every candidate’s true position on human life and to know who is really calling the shots in this campaign. Consultants are not the ones running to be president. That is why it is so important that every candidate is asked, 'Where do you draw the line?'"

Michael New, an associate scholar at the Charlotte Lozier Institute, also tweeted about how fleeting Kennedy's pro-life views were.

Kennedy's answer did appear to go all over the place, and he was likely trying to say he supported Roe v. Wade (an often misunderstood case that was the law of the land from 1973-2022) when it was overturned by Dobbs v. Jackson. Under Roe, abortion was made legal on demand overnight throughout all 50 states. Many like to focus on the part of Roe that broke up whether or not a state could regulate abortion by trimester. 

As Cornell Law School's Legal Information Institute describes Roe:

The Court divided the pregnancy period into three trimesters. During the first trimester, the decision to terminate the pregnancy was solely at the discretion of the woman. After the first trimester, the state could “regulate procedure.” During the second trimester, the state could regulate (but not outlaw) abortions in the interests of the mother’s health. After the second trimester, the fetus became viable, and the state could regulate or outlaw abortions in the interest of the potential life except when necessary to preserve the life or health of the mother.

What many people – likely too many people – fail to realize is that the "health of the mother" exception is purposefully vague, as dictated by Doe v. Bolton, the companion case to Roe. 

Further, as a result of medical technology being far more superior today than it was when Roe was handed down in 1973, viability has gotten increasingly earlier, now at around 22-24 weeks. Babies born at 21-weeks have also survived.

As SBA Pro-Life America makes mention of at length, the Democratic Party as a whole advocates for abortion on demand, despite originally advocating for abortion to be "safe, legal, and rare." Even Biden was once more pro-life. He previously supported the Hyde Amendment, which protects taxpayers from having to fund elective abortion. 

The White House, including Biden and Vice President Kamala Harris, has pushed for the passage of the Women's Health Protection Act (WHPA). Despite what its supporters claim, the legislation would not merely "codify" Roe. Rather, it would expand it, by invalidating all pro-life laws on the books and making abortion legal up until birth for any reason without legal limit. 

Biden has even come out in support of nuking the filibuster to get such legislation passed, although it couldn't even gain a majority support in the Democratic-controlled Senate from last Congress. The White House has also come off as confused as to whether or not Biden knows how far the WHPA would go, but could also be misleading Americans on the president's support for such a radically pro-abortion bill.

Nevertheless, Kennedy's stance that a woman should be able to have an abortion, even after acknowledging it's a "life," reminds us that he's not some pro-life hero in the Democratic Party, and is still, in fact, running as a Democrat.