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.
Like Melior and Billmon, I read the muck-dog’s “strongest economy in 20 years” line, and nearly laughed out loud. It’s almost too ludicrous a statement to need response, but, for the record, as Billmon says, the quote refers to one brief three-month period. It’s like an isolated day of thundershowers in the midst of a three-year drought — any public official who went around saying “We now have our best water situation in 20 years” would be strung up.
The economy over the Bush term has been clearly poor. The recent (undeniable) job gains held promise of at least reversing the public verdict on current conditions. But now signs are suggesting that what recovery there was is about done: the job numbers took a sudden dip, GDP for even Q1 were revised down, all other reports suggest even weaker activity in Q2 and Q3…and the oil price situation grows ominously bad (the Yukos problem may push it into crisis). At best, the economy will be a semi-negative factor for Bush, since many never bought into the recovery idea to begin with (particularly in swing states). But much worse is possible: a near-downturn prior to the election, and (as I’ve heard predicted by reputable sources) a sharp market drop. If that should come about, Bush will long for the days when he could hope for 47-49% of the vote.
Ron,
I understand that there are senarios that don’t include winning Ohio or Florida. I’m not so confident about Arizona. And, Missouri will also be very tough.
A poll out last week in Nevada has Kerry up by 4 points. Plus, I’ll bet that New Hampshire goes for Kerry. Southern NH is the high growth area and is filled with Massachusetts Democrats moving over the boarder. He’s 2 points up in a poll from July 21.
Unfortunately, combined with Nevada that stills comes up 1 short. So, you’ll still need West Virginia or possibly Arkansas. But, let’s face it, if places like Nevada, NH, and W. Virginia fall to Kerry, then we’re talking decisve win, because that trend will pull, at the very least, Ohio and possibly Florida with it.
Bush has to be VERY concerned right now. There are no states that went for Gore in 2000 where he realistically has a chance. There are a number of states that went for Bush, where Kerry is either slightly ahead, or in a statistical tie.
Hold onto your hat for the October surprise. This group will not go down easy. They will beg, borrow, cheat and steal to stay in power.
“Well, the economy is the strongest in 20 years…”
If the Republican chowder heads want to run on that message in Ohio, Michigan and Wisconsin, I think that’s just dandy.
(That “strongest economy in 20 years” talking point, BTW, applies to the GDP growth rate in exactly one one quarter – the third quarter of last year. And, of course, it doesn’t apply at all to employment and wage growth.)
But like I said, if that’s how the Bush-Cheney campaign wants to commit suicide, it’s fine with me.
Good point, Ron. I’m actually feeling very optimistic about our chances of taking Arizona, more so than Missouri this time.
“Well, the economy is the strongest in 20 years…”
Keep whistling. You must have missed the announcement this week of the return of record budget deficits, the looming spikes in oil prices, and “unexpectedly” more billions to feed the Iraq war. There is little confidence in the fundamentals by investors (who don’t just listen to Greenspan) right now, despite record valuations.
Keith,
I don’t think we’re necessarily screwed if we lose Ohio and Florida. I think Kerry will win both, but if he carries all of Gore’s states, he only needs 10 additional electoral votes, and he could get those in Missouri, or Arizona, or by winning West Virginia and Nevada.
as a side note, here’s a link that ought to settle the debate re kerry’s anticipated convention bounce:
http://salon.com/politics/war_room/archive.html?wire=D843KIN80.html
despite ed gillespie’s purposefully wrong take on the size of convention bounces historically enjoyed by candidates (he says 15 points), the truth is
“[t]he average bounce for a convention like the current Democratic convention is 5 to 7 percentage points, said Frank Newport, editor in chief of the Gallup Poll.”
now, why has the 5-7 points number been so hard to verify? I know what gillespie’s motives are but why can’t the major media outlets simply use past poll data to debunk GOP claims ?
the answer for me is incredibly lazy journalists who are quite content to mechanically structure articles around point/counterpoint, instead of doing a little background work to verify the factual allegations they so blindly print. I guess it’s easier to parrot GOP talking points than take the few minutes to run a NEXIS search or call a polling organization to get a definitive answer.
really, in the information age, not bothering to verify your source’s statements is unforgivable.
Well, the economy is the strongest in 20 years and Greenspan is already tapping on the brakes. It makes sense that folks would give Bush a good mark on the economy. It’s done really well rebounding from the 2000-2001 recession.
Polls, polls, polls… I study them till my head spins. Am I wrong in sensing that this whole race will be decided by two states.. Ohio and Florida. If Kerry wins one of them, game is over. If he loses both, four more long years!!
Net-net (if you can excuse the expression), the polls show K/E about two points ahead, and leading in the electoral college. That is, if there are ten polls in any given two week period, and eight of them show K/E ahead, that ought to be a pretty good measurement. Obviously, any one poll has a much larger margin of error.
Remember the under-measurement of Reagan votes in 1980. And given the enthusiasm this year, I’m hoping for a good, un-measured, turnout effect.
I agree that it’s got to be a party ID thing with the Post poll. It just just such an outlier in so many ways that it’s not a reasonable poll. The deltas, even with it’s own poll the previous month, is just too severe for any reasonable explanation. 10 point shifts are all over the place when not that much happened in the last month to favor bush. Also, the Post polls have always given bush much larger job approval ratings than other polls. It’s been the Post polls with the Fox ‘polls’ that are way outside the norm. I’m not sure what the Post is doing (I know what Fox is doing!), but they have consistenly produced out of the mainstream poll numbers. These latest are just another example.
I think the Post/ABC poll is having some problems with sample quality – first there was the huge swing towards Kerry on the terrorism issue back in June (which the Post played up a big story) then the big swing back towards Bush in the two July polls. I don’t think anybody really believes that Kerry closed to even with Bush on the GOP signature issue – and certainly none of the other polls ever showed it.
Something else I noticed (somewhere) about the Post/ABC poll was that their latest sample was 33% Republican, which seemed awfully high to me. I don’t think Post/ABC controls for party identification, so what we’re seeing may just be some random noise – or an exaggeration of a real trend, which the Gallup poll would seem to suggest.
Given the incredible partisan polarization on just about every issue, it seems logical to me that even a minor shift in party ID within the samples could have a big impact on the results.
Of course, controlling for party ID has its own problems – what’s the “right” split? And I’m not going to argue that it’s the better way to do things. But the media, as usual, is doing an awful job of explaining the limitations of polling, and the fact that many of the “trends” that people think they see in the numbers are in fact just noise.
You could make a case that the concentration on first the Edwards selection, then the 9/11 Commission, and now the convention has been marginally beneficial for Bush, as it has kept the chief source of his weakness — Iraq — from holding the center ring. It’s not like nothing’s going on over there: we’re still losing 1-2 military per day, with countless more wounded, but it’s not leading the evening news. Fiascos like today’s might reverse that, especially once we’re past the conventions. I also think (and have heard from sources) that the round number “1000 dead” will get alot of attention from the press. It’s only a number, but those things register (As analogy: Carter had the horrible break of the first anniversary of the hostage-taking occurring right before Election Day 1980. It amounted to a media-sponsored tough negative ad right before voting).
68 people blew up today in Iraq. Yeah, no drama there.
Bush isn’t quite as vulnerable as he once was, now that there isn’t as much drama going on in Iraq. As for people talking about Kerry not re-defining himself, I don’t see why not. Gore wasn’t defining himself in the 2000 convention we he said “I want to show you who I truly am”–he was redefining himself, after everyone saying he was a dull robot. Kerry could actually give a speech as good as Edwards, provided that Edwards wrote it for him.
One or the other is outside the 95% confidence band
Here’s a data point for you: watching the network news, all that my wife heard about the convention was that Teresa Kerry-Heinz told a reporter to “shove it”.
Great coverage, eh?
Are you implying something? Do you think these results are not honest somehow, or simply that
this must be an outlier poll?
MSNBC reported the WAPO poll results because it builds viewer interest based on tension, because it is seen by conservatives as a liberal cable outlet and must therefore throw them bones and because MSNBC is tied in with Newsweek, which is also tied in with WAPO.
and why did msnbc decide to run with the poll showing kerry behind at the start of the DNC…not only did they hype the wapo poll on their site as the main headline but they wouldn’t shutup about it on TV either