As regular readers know, one of the missions of TDS is to promote civil, empirically based discussion of intra-Democratic Party issues, with the aim of fostering principled party unity.
With all the recent, FISA-fueled talk of holding congressional Dems more accountable for their votes and views, Salon published an exchange today between Glenn Greenwald and yours truly about the advisability of threatening or carrying out primary challenges to selected Dems, particularly the Blue Dogs.
Glenn’s piece is here; my response is here. For the record, the thrust of my hold-your-fire argument was that (1) it’s not that easy to divine the views of the “Democratic base” in order to construct the limits of acceptable Democratic opinion; and (2) if Obama wins, we’ll be dealing with an entirely new, post-Bush environment in which today’s intraparty discontents may need to be reviewed, and may be moot.
Much of the reaction on the Salon site followed the Kabuki Theater of “center” versus “left” tendencies on the subject; Glenn and I both got trash-talked an awful lot. For a more nuanced reaction, check out Big Tent Democrat’s take at TalkLeft.
TDS Strategy Memos
Latest Research from:
Editor’s Corner
By Ed Kilgore
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May 3: Democrats Should Call Out Trump’s Big Lies on Abortion
Everyone knows that Donald Trump can’t be trusted on abortion policy (or many other things). But his particular lies on abortion are worth noting, as I explained at New York.
There is no exercise more exhausting and probably futile than examining a Donald Trump speech or social-media post for lies, half-truths, and incoherent self-contradictions. But it’s important on occasion to highlight some very big whoppers he tells that are central to his political strategy. It’s well known that Trump’s own position on abortion policy has wandered all over the map, and it’s plausible to suggest his approach is entirely transactional. Now that he’s staked out a “states’ rights” position on abortion that is designed to take a losing issue off the table in the 2024 presidential election, he’s telling two very specific lies to justify his latest flip-flop.
The first is his now-routine claim that “both sides” and even “legal scholars on both sides” of the abortion debate “agreed” that Roe v. Wade needed to be reversed, leaving abortion policy up to the states:
This claim was the centerpiece of Trump’s April 9 statement setting out his position on abortion for the 2024 general election, as CNN noted:
“In a video statement on abortion policy he posted on social media Monday, Trump said: ‘I was proudly the person responsible for the ending of something that all legal scholars, both sides, wanted and, in fact, demanded be ended: Roe v. Wade. They wanted it ended.’ Later in his statement, Trump said that since ‘we have abortion where everybody wanted it from a legal standpoint,’ states are free to determine their own abortion laws.”
This is clearly and demonstrably false. The three “legal experts” on the Supreme Court who passionately dissented from the decision to reverse Roe are just the tip of the iceberg of anguish over the defiance of precedent and ideological reasoning underlying Justice Samuel Alito in the majority opinion in Dobbs v. Jackson Women’s Health Organization. The Society of American Law Teachers immediately and definitively issued a “condemnation” of the Dobbs decision. When the case was being argued before the Supreme Court, the American Bar Association filed an amicus brief arguing the constitutional doctrine of stare decisis required that Roe be left in place. None of these views were novel. Back in 1989 when an earlier threat to abortion rights had emerged, 885 law professors signed onto a brief defending Roe.
Sure, there was a tiny minority of “pro-choice, anti-Roe” liberals over the years who claimed resentment of the power of the unelected judges who decided Roe would eventually threaten abortion rights (not as much, it turns out, as the unelected judges that decided Dobbs). And yes, there have always been progressive critics (notably Justice Ruth Bader Ginsburg) of the particular reasoning in the original Roe decision, but by no means have any of them (particularly Ginsburg) favored abandoning the federal constitutional right to abortion even if they supported a different constitutional basis for that right. So Trump’s claim is grossly nonfactual and is indeed not one that any self-respecting conservative fan of Dobbs would ever make.
The second big lie that Trump has formulated to defend his latest states’-rights position is that he’s just supporting the age-old Republican stance on the subject, as he has just asserted at Truth Social:
“Sending this Issue back to the States was the Policy of the Republican Party and Conservatives for over 50 years, due to States’ Rights and 10th Amendment, and only happened because of the Justices I proudly Nominated and got Confirmed.”
Yes, of course a growing majority of Republicans have favored reversal of Roe as a way station to a nationwide ban on abortion, but not as an end in itself. The GOP first came out for a federal constitutional amendment to ban abortion from sea to shining sea in its 1980 party platform, and every single Republican presidential nominee since then has backed the idea. There have been disagreements as to whether such a constitutional amendment should include exceptions for pregnancies caused by rape or incest. But the last GOP presidential nominee to share Trump’s position that the states should be the final arbiter of abortion policy was Gerald R. Ford in 1976, as the New York Times reported at the time:
“[Ford] said that as President he must enforce the 1973 Supreme Court ruling that forbids states to ban abortions. But he has come out in favor of a constitutional amendment that would overturn that ruling and return to the states the option of drawing up their own abortion laws.”
Ronald Reagan, who challenged Ford’s nomination in 1976 and was already a proponent of a “pro-life” constitutional amendment, and the GOP formally adopted that position in 1980; four years later, it adopted its long-standing proposal that by constitutional amendment or by a judicial ruling the protection of fetal life under the 14th Amendment should be recognized and imposed on the country regardless of what states wanted. Anti-abortion leader Marjorie Dannenfelser noted this well-known history in a not-so-subtle rebuke to Trump’s revisionist history, as NBC News reported:
“’Since 1984, the GOP platform has affirmed that 14th Amendment protections apply to unborn babies and endorsed congressional action to clarify this fact through legislation,’ Marjorie Dannenfelser, the president of Susan B. Anthony Pro-Life America, said in a statement to NBC News. ‘Republicans led the charge to outlaw barbaric partial-birth abortions federally, and both chambers have voted multiple times to limit painful late-term abortion. The Senate voted on this most recently in 2020. In January 2023, House Republicans also voted to protect infants born alive during an abortion.’”
It’s pretty clear that anti-abortion activists know Trump is lying about both Roe v. Wade and the GOP tradition and will support him anyway. But the rest of us should take due notice that the once and perhaps future president’s word on this subject, including his current pledge to leave abortion policy to the states, cannot be trusted for even a moment. Absent the abolition of the Senate filibuster (which, lest we forget, Trump backed as president out of impatience with the Senate’s refusal to bend the knee to his every demand), there isn’t going to be a complete federal ban on abortion in the foreseeable future. But Trump can be counted on to use the powers of the presidency to make life miserable for women needing abortion services, among the many “enemies of the people” he wants to punish.
After reading both articles a couple of points:
1. DURING elections is no time to discipline politicians. That time is either BEFORE or AFTER elections.
2. During THIS election Democratic voters are looking to get rid of the dominant Republican mis-rulers. They are not keen on calls to exact revenge on Democrats.
In 2009 it’s going to be a different ball-game if Obama wins. At that point progressives are immediately going to start developing a rather LARGE list of policy differences with Obama.
There’s going to be problems with his desire to ramp up the Afghanistan war, that’s not going to go well and U.S. casualty rates are likely to soar. The more Afghanis feel that someone is trying to establish the rule of Kabul over them the more they will fight. They fought the Soviet installed regime, they fought the Taliban, they are fighting Karzai and the northern tribes that replaced the Taliban now. It’s only going to get worse the more we try to exert control.
This has the potential to be like JFK and Vietnam.
Then Iraq is still going to be a severe problem. Just because McCain and the media are trumpeting that “we’ve won! The surge worked!” doesn’t make it true as pointed out on this site.
There’s going to be the problem of “residual troops.” What Obama wants and what progressives want (total evacuation of Iraq and leaving the country to the Iraqis without intereference) are night and day. Obama is talking about keeping hundreds of thousands of Americans (military advisers, economists, security personnel, experts of all stripes, spooks and CIA operatives, etc.) and lots of bases, including our Fortress Embassy and probably the Green Zone as well — all under U.S. control, even if there is some fig-leaf “transfer” of autonomy over to the Iraqis.
The Iraqis don’t want any of this. It’s a replay of Vietnam, with a dash of Israeli policy towards the Palestinians as also mentioned on this site.
There will be plenty of domestic problems as well.
The 70 vote defection on FISA ought to make something clear. The real lack is a progressive lobbying effort in Washington that controls money and clout. Many of these people aren’t “Bush Dogs” at all, they are run of the mill Democrats who just aren’t feeling any pressure from the left so they don’t vote for liberal causes.
Its a nice effort to develop this, but we’d be much better off targeting Democrats in blue districts who don’t vote with us, than Bush Dogs in Rep +5 districts.
It took conservatives 15 years before they got Ronald Reagan elected. In the mean time how many “betrayals” by Rockyfeller Republicans did they have to endure?
Noam Chomsky has called Nixon the “last liberal president” for his creation of EPA and various environmental laws, his espousal of “treatment first” drug policy, etc. He was in a liberal era and couldn’t tilt nearly as far to the right as Bush can now, after Neo-con crusaders have been planting seeds for 20-30 years.
Obama might, if we are successful, be the “last conservative president.”
This is going to take a long time.