Former President Trump refused to commit to vetoing a national abortion ban during Tuesday night’s presidential debate.  

When asked directly if he would veto a ban, Trump indicated Congress wouldn’t need to pass one. 

“I’m not in favor of an abortion ban, but it doesn’t matter, because this issue has now been taken over by the states,” Trump said. “I wouldn’t have to.” 

Democrats are concerned that a Trump presidency could enact national abortion restrictions or a ban even without Congress by invoking the Comstock Act, a law from 1873 that bars the mailing of abortion-related materials. 

Trump once again took credit for overturning Roe v. Wade, praising himself and the Supreme Court justices who voted in favor of ending the right to an abortion. 

“I did a great service in doing it, it took courage in doing it. The Supreme Court had great courage in doing it. And I give tremendous credit to those six justices,” Trump said. 

Vice President Harris attacked him for the current patchwork of abortion laws across the country. Abortion is banned or restricted in nearly two dozen states, and Harris referred to the laws repeatedly as “Trump abortion bans.” 

“The government, and Donald Trump certainly, should not be telling a woman what to do with her body,” Harris said.  

Harris talked about women suffering from miscarriages who can’t get treatment in states with abortion bans because providers are afraid of losing their licenses and being jailed “bleeding out in a car in the parking lot.” 

“She didn’t want that. Her husband didn’t want that,” Harris said, needling Trump’s assertion that everyone in the country is much happier about abortion now than they were while Roe was the law of the land.

She also pledged to “proudly sign” legislation to restore the protections of Roe v. Wade when Congress passes it.  

But Trump noted “she’ll never get the votes.”