Amidst all the talk about the impact of a likely reversal of Roe v. Wade by the Supreme Court’s conservative majority, I thought a history lesson was in order, so I wrote one at New York:
Last week, the Women’s Health Protection Act, which would have codified abortion rights, died in in the Senate by a vote of 51 to 49. All 210 House Republicans and all 50 Senate Republicans voted against the legislation. This surprised no one, but it’s actually odd in several ways. While Republican elected officials are almost monolithically opposed to abortion rights, pro-choice Republican voters didn’t entirely cease to exist, and this could become a problem for the party if, as expected, the U.S. Supreme Court strikes down the right to abortion at the end of this term.
Though polling on the issue is notoriously slippery, our best guess is that a little over a third of Republicans disagree with their party on whether to outlaw abortion (while about one-quarter of Democrats disagree with their party on the topic). These Americans have virtually no representation in Congress with the limited exceptions of Senators Susan Collins and Lisa Murkowski (both GOP senators support some abortion rights, but they are still opposed the WHPA and are against dropping the filibuster to preserve abortion rights).
Ironically, abortion rights as we know them are, to a considerable extent, the product of Republican lawmaking at every level of government. The most obvious examples are the two Supreme Court decisions that established and reaffirmed a constitutional right to abortion. Of the seven justices who supported
Roe v.
Wade, the 1973 decision that
struck down pre-viability-abortion bans, five were appointed by Republican presidents, including the author of the majority opinion, Harry Blackmun, and then–Chief Justice Warren Burger. All five justices who voted to confirm the constitutional right to pre-viability abortions in 1992’s
Planned Parenthood v. Casey were appointed by Republican presidents as well.
These pro-choice Republicans weren’t just rogue jurists (though their alleged perfidy has become a deep grievance in the anti-abortion movement). Today’s lock-step opposition to abortion rights among GOP elected officials took a long time to develop. Indeed, before Roe, Republicans were more likely to favor legal abortion than Democrats. In New York and Washington, two of the four states that fully legalized pre-viability abortions in 1970, Republican governors Nelson Rockefeller and Daniel Evans were at the forefront of abortion-rights efforts. They weren’t fringe figures; Rockefeller went on to become vice-president of the United States under Gerald Ford. Pre-Roe, various other Republican officials supported more modest efforts to ease abortion bans; among them was then–California governor Ronald Reagan, who signed a bill significantly liberalizing exceptions to an abortion ban in 1967.
The anti-abortion movement’s strength in the Republican Party grew steadily after Roe in part because of a more general ideological sorting out of the two major parties as liberals drifted into the Democratic Party and conservatives were drawn into the GOP. To put it another way, there has always been ideological polarization in American politics, but only in recent decades has it been reflected in parallel party polarization. But that doesn’t fully explain the GOP’s shift on abortion policy.
Beginning in 1972 with Richard Nixon’s reelection campaign, Republicans began actively trying to recruit historically Democratic Roman Catholic voters. Soon thereafter, they started working to mobilize conservative Evangelical voters. This effort coincided with the Evangelicals’ conversion into strident abortion opponents, though they were generally in favor of the modest liberalization of abortion laws until the late 1970s. All these trends culminated in the adoption of a militantly anti-abortion platform plank in the 1980 Republican National Convention that nominated Reagan for president. The Gipper said he regretted his earlier openness to relaxed abortion laws. Reagan’s strongest intraparty rival was George H.W. Bush, the scion of a family with a powerful multigenerational connection to Planned Parenthood. He found it expedient to renounce any support for abortion rights before launching his campaign.
Still, there remained a significant pro-choice faction among Republican elected officials until quite recently. In 1992, the year Republican Supreme Court appointees saved abortion rights in Casey, there was a healthy number of pro-choice Republicans serving in the Senate: Ted Stevens of Alaska, John Seymour of California, Nancy Kassebaum of Kansas, William Cohen of Maine, Bob Packwood of Oregon, Arlen Specter of Pennsylvania, John Chafee of Rhode Island, Jim Jeffords of Vermont, John Warner of Virginia, and Alan Simpson and Malcolm Wallop of Wyoming. Another, John Heinz of Pennsylvania, had recently died.
Partisan polarization on abortion (which, of course, was taking place among Democrats as well) has been slow but steady, as Aaron Blake of the Washington Post recently observed:
“In a 1997 study, Carnegie Mellon University professor Greg D. Adams sought to track abortion votes in Congress over time. His finding: In the Senate, there was almost no daylight between the two parties in 1973, with both parties voting for ‘pro-choice’ positions about 40 percent of the time.
“But that quickly changed.
“There was more of a difference in the House in 1973, with Republicans significantly more opposed to abortion rights than both House Democrats and senators of both parties. But there, too, the gap soon widened.
“Including votes in both chambers, Adams found that a 22 percentage- point gap between the two parties’ votes in 1973 expanded to nearly 65 points two decades later, after Casey was decided.”
By 2018, every pro-choice House Republican had been defeated or had retired. The rigidity of the party line on abortion was perhaps best reflected in late 2019, when a House Democrat with a record of strong support for abortion rights, Jeff Van Drew of New Jersey, switched parties. Almost instantly, Van Drew switched sides on reproductive rights and was hailed by the hard-core anti-abortion Susan B. Anthony List for voting “consistently to defend the lives of the unborn and infants.”
With the 2020 primary loss by Illinois Democratic representative Dan Lipinski, a staunch opponent of abortion rights, there’s now just one House member whose abortion stance is out of step with his party: Texas Democrat Henry Cuellar, who is very vulnerable to defeat in a May 24 runoff.
If the Supreme Court does fully reverse Roe in the coming weeks, making abortion a more highly salient 2022 campaign issue, the one-third of pro-choice Republican voters may take issue with their lack of congressional representation. Will the first big threat to abortion rights in nearly a half-century make them change their priorities? Or will they still care more about party loyalty and issues like inflation? Perhaps nothing will change for most of these voters. But in close races, the abandoned tradition of pro-choice Republicanism could make a comeback to the detriment of the GOP’s ambitious plans for major midterm gains.
McGreevey won’t make a difference one way or the other. It’s a funny state. Tends to go Republican for Governor (Keane, Whitman), but also goes Dem (Florio, McGreevey). The tendency is to be unhappy when the Gov is Dem and content with the Repub Gov. But the legislature trends Dem and national elections, I think, trend Dem. Went for Nixon, like everyone else. Not sure where it went with the Reagan and Bush I years. But went for Clinton and Gore. Both Senators are Dem (Corzine and Lautenberg). I think it will go Dem this time. That’s my ear to the street sense talking.
To compare the various polls, go to:
http://www.fastpolitics.com then scroll down the right side column to Polling Report and you’ll see them all. It’s a great site. This morning Kerry was ahead in four polls, Bush in two, and they tied in one. :))) Most encouraging.
Isn’t McGreevey becoming more popular (or at least less hated) in Jersey? Will that keep on through November?
Rasmussen has Kerry up by 5 points in Florida as of May 20. It was tied the previous week.
Don’t worry about those California and NJ polls. Kerry has to be up by more than a point in California if you accept that Kerry is even or slightly ahead nationwide. The New Jersey poll may be reflecting some unpopularity with Governor McGreevy but New Jersey should be there in November for us. As for Rasmussen his last poll in 2000 had Bush beating Gore 49-40. So don’t take his poll too seriously.
Trent,
The news Faux News/Opinion Dynamics poll has Bush up in the swing states. They have the 3-way race 40-40-3, but Bush up 43-37 in 16 battleground states.
Consider the source, but also consider that Bush gets only 43% in battleground states in this obviously slanred poll.
So what poll was that blond Republican bimbo on ‘Crossfire’ bragging about tonight when she said Bush is ahead in the swing states?
Gropenator is not helping Bush because he is riding high right now. Plus the gropenaror will be going to trail in UK for sexual harrasment shortly.
CA is safe , period. Only a san andreas earthquake can shake loose CA for Bush.
News just in that Kerry may not accept Democratic Party’s nomination at the convention. Acceptance will be delayed to permit Kerry spending donated campaign funds, without limitation, just like Bush. This would put him in sync with Bush on the expenditure limits of the $75 million in public funds.
Presumably, Kerry’s formal acceptance of the nomination would be in Sept. about the same time as Bush’s. One of Kerry’s aides explained to the media that they have no intention of fighting with on hand tied behind their back. Way to go Kerry!
RE: California polls — thanks to the several explanatory posts above, I have now relaxed enough to slip a sliver of lime in my Corona Extra and start enjoying my weekend. Much obliged.
“Why does the Rasmussen poll consistently show better data for Bush than most of the other polls?”
Because Scott Rasmussen is a Republican. And the poll is a CRAP poll anyway.
Yeah, getting back to NJ, no worries here either. Went for Gore strong in 2000. Major job losses in the tech industry since then. Fed dollars bypass us in a big way with the Bush regime and Republican Congress. This state is not going Republican in 2004. Only problem we could run into is McGreevey, Dem governor, is unpopular and viewed as corrupt by many, which could hurt Dem chances in many ways. But I don’t think McGreevey has big enough “negative coattails” to help Bush.
JTBLA, Thanks for your post. I do remember that Calif. poll in 2000 that had Bush within 2, which turned out to be way off the mark.
As a Calif. resident I can guarantee that Bush has NO chance to win out here. That poll is out of whack with others that show Kerry up 10+, including a recent LA Times poll. In 2000 there was a late poll that showed Bush within 2 of Gore and people freaked. Gore won the state easily.
I don’t know what CA poll people are referring to, but let’s remember DR’s consistent arguments about the incumbent’s approval rating being more important than horse-race numbers at this point. Then, with that in mind, take a look at this story from early April:
http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2004/04/06/MNGPO616OS1.DTL
“A new poll shows President Bush’s approval ratings in California have plummeted, even in the state’s most GOP-dominated conservative areas.”
“With the Iraq war taking a difficult turn and questions raised at home about the administration’s terrorism policy, the poll by the Survey and Policy Research Institute at San Jose State University released Monday puts Bush’s state approval ratings at just 38 percent, while 50 percent disapprove.”
“That’s a dramatic change from the start of the year, when 49 percent of Californians approved of the job the president was doing, and 40 percent disapproved.”
Also keep in mind that this poll was from almost two months ago, just as the deadliest month for Americans in the entire Iraq conflict was beginning, and before the prison abuse scandal. I’m gonna go out on a limb and say that Bush’s approval ratings in CA haven’t improved since then.
Though I think the independent voters are important. I really think that bringing out the base will be most important.
Isn’t even the Groppenfurer distancing himself from Bush in Cali?
I believe there’s only one poll that has Kerry’s lead in California at just a point. Don’t worry; there’s no way Bush will win that state. You can take that to the bank.
Interesting and VERY encouraging. Remember, the Bushies have spent the vast majority of their campaign funds so far in the battleground states. This is the best they can do. The news won’t get better from Iraq, and the general opinion around my household (for what it’s worth) is that things will get worse there after the make-believe power handover. I do not celebrate that, but I do read the tea leaves that arise from it.
Don’t worry about NJ. I’m here. I got your back.
These data are largely good news, but I echo the previously stated concerns about California, and add New Jersey to that. Further: given the power structure and the loose definition of democratic rights there, Florida should not be considered in play. By hook or, more likely, by crook, Bush will end up with its electoral votes.
I’ve wondered about California myself. With such a majority of Deocratic voter registration, this state should be the Dem’s to keep for a long time. I took the 2000 election numbers and looked at the states where W has pretty much done himself in that are swing states and came up with Kerry winning the election with 292 electoral votes. This assumes that the voting machine are not rigged for Bush. Ohio should be a slam dunk for Kerry, as should Michigan, New Hampshire, and even West Virginia. Nevada should be Blue this time as Nevadans should start to glow from nuclear waste in the Yucca Mountains very soon. With all the scandal (especially the NEW torture pictures on top of the old ones), Plamegate (something I think is a major issue and should be more public this summer), deficits and spending, this guy should be sent to Gitmo for retirement.
That data is encouraging, but here’s what I want to know (and I haven’t yet seen this addressed elsewhere): Why is Kerry only up by ONE point in the recent California polls? Shouldn’t that be a slam dunk, double-digit lead for him? Is he in trouble there, possibly because of Schwarzenegger’s successes? Is it possible that he could LOSE California? Is California really in play for this election, or are these poll results an aberration? I’d love to hear from someone who has some insights into this issue.
Why does the Rasmussen poll consistently show better data for Bush than most of the other polls?