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Clarify that federal benefits law does not block state abortion restrictions

Mandate for Leadership: The Conservative Promise, chapter 18, p. 585. Written by Jonathan Berry.

Clarify that federal benefits law does not block state abortion restrictions

The document says “should”Who acts: Congress, DOLHow: legislationp. 585 in the PDF
What the document says

“Congress and DOL should clarify that ERISA does not preempt states’ power to restrict abortion, surrogacy, or other anti-life “benefits.””

Mandate for Leadership: The Conservative Promise, p. 585

The chapter records that since Dobbs some benefits lawyers have argued that federal preemption under the Employee Retirement Income Security Act should block state efforts to stop employers helping employees obtain abortions through benefit plans, and says that law should not be allowed to override a state's ability to restrict it.

What the document actually says

“Congress and DOL should clarify that ERISA does not preempt states’ power to restrict abortion, surrogacy, or other anti-life “benefits.””

Mandate for Leadership: The Conservative Promise, p. 585
That sentence, in plain words

One federal law can override state rules. The book says it should not do so here.

What this is about

A federal law covers job benefit plans. It can override state law. Some states restrict abortion. The book says the federal law should not block those states.

Read against the documents indexed here on August 26, 2026, and nothing was found that answers this. No indexed document addresses ERISA preemption or the reach of state abortion restrictions over employer benefit plans. The two Jenner and Block dockets appear as candidates on shared words alone, and the litigation record here carries docket details rather than the text of any ruling. Executive Order 14182 is the only indexed document on abortion funding, and it concerns federal dollars, not whether federal benefits law displaces state law. That is a record of a search, not a finding that nothing has happened: an act this site does not hold, or one that answers the proposal in words unlike its own, would not be caught by it.

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How to cite this
  1. The document itself

    Mandate for Leadership: The Conservative Promise, edited by Paul Dans and Steven Groves (The Heritage Foundation, 2023), p. 585.
    https://static.heritage.org/project2025/2025_MandateForLeadership_FULL.pdf

  2. This page

    “Clarify that federal benefits law does not block state abortion restrictions,” Project 2025, chapter 18, p. 585. Read the Mandate, https://readthemandate.org/project-2025/proposal/ch18-erisa-abortion-preemption/ (retrieved October 7, 2026).

Cite the document when the claim is about what the document says. Cite this page when the indexing, the wording or the record of what has happened is what is being relied on.

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The quotation is the document's own words, exactly as printed, checked against the page number against the book itself before publishing. The paragraph underneath is our summary, not the document's words. So is the plain English version, which is why it sits beside the quotation rather than replacing it.

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