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.
Are you spamming Paul?
Not too much sence in your comment.
Regards,
Steeveguy
It’s very pleasant to find wise words here.
Good job, Paul!
Paul
The latest headlines are about terrorism and so that is what we are concerned about at the moment regarding Kerry’s abilities in that area. I completely agree with both Joe and Paul C–this fight will be about national security AND the economy. We cannot afford to cede either.
I see two conflicting strains in polling. Kerry has lost 6 points in the Rasmussen Reports tracking poll in the last 2 days. He’s down by four from being up by two. However individual state polling by this group shows Kerry with narrow leads in Ohio, Florida, Michigan and Pennsylvania. Can someone explain?
I think the war is an issue because it is all Bush has. Therefore all of us need to be assertive truth squad members in every way we can. i really hope that anyone who has not signed the MOveon censure petition yet wil do so quickly. Also write to your Congressional delegation to get their support. Even if the censure doesn’t pass Congress the debate itself will help spread the truth about the war. Also Moveon is a good place to send money since they are willing and able to put ads out there that are much more clearly expressed and to the point than what Kerry is going to present.
I am frustrated by the Democrats who continue to pussyfoot around the war afraid to say anything. my Congressman and one of my Senators are in this wimp catagory and, even after the exposure of Bush’s lies, are still unwilling to speak up. The Democrats have not yet cured themselves of moral cowardice.
I’m afraid I completely disagree. Presidential elections are almost always decided on economic issues. Jobs will mean a lot more to a swing voter in Ohio or Missouri than vague feelings about a terrorist threat. I think the electoral judo should be the opposite — use Kerry’s status as a war veteran and hero to neutralize Bush’s status in national security (actually a Republican advantage, not Bush’s personal advantage) and pound him on the economy.
This also helps with the “October Surprise” (which may be happening as I type this.) If we do capture bin Laden between now and the election, people can breath a sigh of relief, declare the worst part of the war to be over, and turn to someone who can manage the economy. We can and should start to argue right now that the best way to remain safe and secure is for our economy to boom, create good jobs at home and reduce or eliminate our dependence on foreign oil. If we make the election turn on national security, we lose our best trump card and make ourselves hostage to Rove’s manipulation of world events.
I second Joe. My guess (completely unsupported by facts, of course) is that national security is threshold issue for swing voters.
It’s like judo — use your opponent’s strength against him. National security is Bush’s greatest strength with voters. Kerry and his supporters should keep criticizing Bush for failing to pursue the fight against Al Qaeda and terrorism. If the facts and the message get through, Bush loses.
(I want to throw up every time a right-winger argues that if Bush loses, Osama wins. Please. Bush won’t even mention Osama’s name.)
I went over the numbers in the Gallup survey and I see big problems for John Kerry. What came through to me was that voters believe George Bush is doing an OK job of protecting America from terrorist acts and that he’s a focused and strong leader.
Kerry’s problem is that those views trump all of the negagtive perceptions about Bush and the economy, the deficit, his tax policies and his handling of health care and social security.
Bush is talking about national security because he knows that issue is his trump card and that he can win with it, even though he has put the economy and our future in the ditch.
Kerry will need to fight on that national security terrain because the economy and all the other issues that would seem to favor him aren’t going to move appreciably one way or the other between now and election day so as to weaken Bush any further. In fact they could move in the direction of helping Bush, although that doesn’t seem likely.
Simply put, Kerry needs to do three things: first, he should name his choice for Veep as soon as possible to rebut Cheney on national security. That means it needs to be someone credible; say Wesley Clark or Bob Graham. Second, he needs to be speaking about homeland security every day in ways that the American people can relate to. He needs to demonstrate that our security could be enhanced under a President Kerry. Third, he needs to dispatch surrogates with national security credentials into all of the major media markets for the duration of the campaign to point out Bush’s mistakes and Kerry’s obviously superior plan of agressively fighting terrorism.
Events between now and election day will have a greater bearing on the outcome of the contest than any voter attitudes on social and economic policies. Kerry has gained all the benefit from those issues that he will ever get. The trick for Kerry is to position himself to mitigate losses on security events and leverage gain from those events that can be seen as helpful.
It’s astonishing how many people out there believe that it’s all the Democrats fault that the economy isn’t doing better, or that the Democrats are lying and if people can’t find work it’s because they are lazy bums.
People are going to be bullied into voting based on hatred of gays and based on terrorism. Rove was bragging about this yesterday. Those are the 2 big issues and he says they are already getting more and more popular. And he’s right. Just look at the glee in the media over Kerry’s “foreign leaders” flap. Or the federal government banning any anti-discrimination laws for gay employees. Or the Tenn. county which is going to keep gays out of their town.
I don’t know about the large number of independents, but the large preponderence of Bush voters is probably due to people misreporting their 2000 presidential votes. People like to vote for winners, and after any election the percentage of people who *claim* to have voted for the winning candidate is higher than the percentage that actually voted for him/her.
I don’t know whether these people are lying or just remembering incorrectly. I suspect both.
Could you please comment as someone who knows about polling what it means when the number of Republicans in the poll is @386 and the number of Dems is less at @368 and the number of independents seems enormous at @441. (This is from memory)
Second, when asked about their 2000 votes, the percentage of Bush voters at 375 WAS SIGNIFICANTLY HIGHER THAN THE GORE VOTERS AT 27%. What impact does that have on the preference breakdown for 2004. Is there some weighting thing to make up for that?
Given the preponderance of Bush to Gore voters does it seem significant that Bush is polling below his 2000 numbers?
Why are the Nader numbers so high? And how high were they in 2002.