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.
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?