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.
I think that people should be more open minded. Yes, I know that it is against the Bible and everything, but if they are going to be together anyways then why can they not get married? I, myself, am straight but have many gay friends. I don’t think that it is fair for people to judge gay people based on their sexuality. In Arkansas it is legal for you to marry your 2nd cousin. Now if that is not messed up I don’t know what is. Everyone wants to be with who makes them happy, I think gay marriage should be legalized.
For a one-sentence answer (what James is suggesting above), how about something along the lines of, “As long as gays and lesbians are good citizens and pay their taxes like everyone else, shouldn’t they enjoy the same civil protections like everyone else?” It’s essentially a ‘conservative’ argument, emphasizing the libertarian attitude of keeping government interference in personal life at a minimum. Yet also alludes to the civil rights campaign. I personally think there are stronger moral arguments to be made, but this seems like a strong political argument.
Checked with the wife, now that the dust has settled. Still happy with the marriage. Guess gay marriage isn’t really that big a threat.
I was worried.
I think its very simple, the reason why this issue hasn’t resonated with the public. Because what the Rethugs are doing is recreating the dynamics that existed during Impeachment, which most agree hurt them more than the democrats politically.
What I mean by this is during the Impeachment of Bill Clinton, most Americans disapproved of his actions. However, they saw the Republican response as too extreme. Censure Clinton, reprimand him. BUT, do not impeach him. However, the Republicans DID impeach him. Why?
Because two-thirds of their base strongly supported the impeachment, whereas two-thirds of the public-at-large did not. So the GOP were caught between a rock and hard place. If they didn’t impeach Clinton, they would alienate their base. If they did, they’d alienate everyone else.
The gay marriage issue works much the same way. Most people oppose the idea of gay marriage, but they think the Republican response – of a constitutional ammendment banning it – as too extreme. The constitution is there to provide protection for citizens, not banning them from doing things. But the issue, once again, puts the GOP in a catch-22. Their base of ideologues and dittoheads want the ban. The larger population doesn’t. Therefore, we’re right back where we started with impeachment.
I agree. This issue is wrought with danger for the republicans, not democrats. Bush can come out and say “he supports a constitutional ammendment” and leave it at that. A rhetorical commitment. But if the issue blows up, then his base will make him do more. If he does more, he’ll alienate middle-class and swing voters. If he doesn’t then he’ll alienate his base.
As for Democrats, all we have to do is:
a) say that we don’t support gay marriage.
b) say that we don’t support the constitutional ammendment.
Easy peasy.
Sorry. My happiness was premature. How certain is it that the Mass House will not repeal? I do not live in Mass, but I would love to do something to help convince them to repeal that law and any others that are discriminatory. Are there any states whose laws still ban inter-racial marriage? If so, that fact could be used to show the discriminatory nature of the Mass law and how it had wider effects than just prohibiting gay marriage.
You’re right, Matt. If anything the intraparty fighting over the law that is bound to happen in the House may only strengthen Mitt’s position and help Republicans in the fall. If people think that gays are only getting married because they want to throw out the laws in their own state then there may be a backlash.
I did want to mention that any of you who live in places like Wisconsin or Michigan or Ohio, to please research these amendments and tell as many people as you can about the true ramifications of them if they are passed. So many polls have people approving, say, the Wisconsin amendment and yet favoring civil unions. Too bad the Wisconsin amendment bans everything for gay couples, even far less than civil unions. Voters who are not totally anti-gay should know that they are supporting hateful legislation. Many just hear “marriage ban” and that’s all they see.
BTW, Arkansas anti-gay activists are now trying to get enough signatures on the ballot for an amendment, so beware of that.
The Massachusetts legislature did not repeal the law. That was the vote in the Senate; the House will probably not support the repeal, certainly not sufficiently to overcome Romney’s veto.
And this just in. Mass. legislature repeals the 1913 law by a vote of 28-3. Got that from another blog. So, IN YOUR FACE MITT ROMNEY! Woo-hoo! If that isn’t a shot across the bow I don’t know what is. Swift and efficient. I’m liking it. Of course, he could argue in court that marriages that took place before the repeal are still null, but the courts could easily tell him the issue is moot if he tries to prosecute any of them or have them so declared. Or the legislature could grandfather those marriages in with new legislation. I wonder if he would risk another such obvious kick in the pants. That sort of thing doesn’t make one look good.
I can’t help wondering how the black pastors who are so opposed to any homosexuality at all feel about these laws being enforced. The legislature is fighting over whether to repeal the law, I hope that doesn’t hurt Democrats or same-sex marriage too much in that state.
As for Kerry’s position, he needs to come up with a short, concise answer. He has struggled with this (to put it mildly) and that will haunt him in debates. All you have to say is, “I think the states should decide the issue.” Not, “I think we are all human beings and I approve of marriage between a man and a woman but have attended non-legal ceremonies for homosexual couples.”
The 1913 law was a Jim Crow law, of course. It says that no marriage is valid in Massachusetts if contracted between citizens of another state who couldn’t marry legally in their home state. It was aimed at inter-racial couples who couldn’t marry in the South due to anti-miscegenation laws. It’s just a quirk that it was never declared unconstitutional.
Maybe they’re afraid that gay marriage will destroy marriages because their wives will divorce them and marry other women?
My wife says our marriage is doing just fine. I made a point of asking.
Oh, and I’m 46, darling. Give credit to us older fellers too.
The pictures remind one of Will and Grace. Queer Eye is wildly popular. Trust me folks, the more hysterical the right becomes, the more they will alienate the moderate Republicans. Mit Romney is fighting a rearguard action in Mass, saying he’ll examine all licenses to make sure that only Mass gays were married, in accordance with a 1913 law. He’d better be careful before he finds his retro thinking comes back to bite him in his Mass.
I do think that the pictures of the gay couples getting married has done a good job in making gay marriage seem innocuous to most Americans.
The pictures bring to mind Will and Grace rather than Sodom and Gommorrah.
I think gay marriage will become less taboo as a) it starts happening and people realize that their own marriages are not breaking up as a result (in Vermont, there was an uproar when the civil unions bill was first passed, but by now most people have accepted it and moved on), and b) my generation gets older and becomes more influential. Even some of the radical right Republicans on my campus think the Republican Party goes too far with its anti-gay platform, and polls have shown that people under 30 are far more likely to support gay marriage than other age groups.
If this issue pops up during the presidential TV debates, I hope Kerry defends his position using essentially conservative/libertarian arguments. There is no need to have the federal government force the Christian Right’s definition of marriage upon every state from Utah to Vermont. He could also question the wisdom of amending the Constitution for a comparatively trivial purpose such as this.
More than anything, he should stress the importance of TOLERANCE. He could say he personally regards marriage as a heterosexual union, but that he is willing to let each state define marriage as it wants.
If “Shrub” tries to pander to his Christian base by preaching thinly veiled homophobia, I think even more moderates/independents will abandon him.
MARCU$
Somewhat concerning is that the support for the FMA (Hate Amendment) is the same as it was several months ago. This was in early May. After Abu Ghraib (which some in the media seemed obsessed with blaming on gays), and the media circus in Massachusetts, the FMA should increase in popularity, at least for a while.
The problem for fundies is that they have yet to be able to give any example of exactly how same-sex marriage will seriously ruin anyone’s life. Instead they talk about 5,000 years of history, “marriage certificates are now death certificates!”, “I have been married for 48 years but now that relationship is shaky and damaged because it is just a piece of paper!!” and other foolishness. Many oppose same-sex marriage, particularly if they are highly religious and pro-life, but they are not motivated to make serious noise about this. That may change of course, particularly as election day nears. The general support and the independent support for the amendment concerns me. So does the likelihood of a vote this summer or in September. I do wonder what the overall public response to what’s happening in Massachusetts will be. So far, the chaos in Iraq has drowned much of that out. Indeed, if I could ever be “grateful” to our horrific blunders in Iraq, it would be that they have, for now at least, overshadowed what was supposed to be such a huge issue for the GOP.
I’m happy that the Lawrence vs. Texas backlash is dying down, but the state constitutional amendments are the serious concern. They have passed in Louisiana, Missouri (for non-swing states – Utah, Mississippi, Kentucky, Georgia), and may be on the ballot in North Carolina, Michigan, Oregon, Ohio. All swing states or possible swing states and all designed to turn out every lunatic voter who might otherwise stay home. This was the real purpose of the FMA (that and to help get Republicans more power in Massachusetts, which could still very well happen). To help individual turnout in each major state at a time when Bush will need every single vote he can get.
The bottom line for me is public opinion on the amendment is still being formed and can be easily manipulated one way or the other. I’m really terrified about what they will do over the next few months to try to get this passed or to try to get more people to vocally support it. And the state constitutional amendments are a serious problem. They could tip this November in the GOP’s hands.
If you want to help fight this evil scheme, these groups and sites will help. PLEASE visit them.
http://www.loveisloveis.com
http://www.equalitync.org
http://www.tri.org
http://www.lagpac.org/
http://www.ohioansforgrowth.org/
http://www.promoonline.org
http://www.massequality.com
http://www.basicrights.org
http://www.ngltf.org