A new SurveyUSA poll of Missouri LV’s conducted Sept.7-9 for KSDK-TV St. Louis and KOMU-TV Columbia shows Bush now leading Kerry by just 2 percentage points, 48-46 percent, with 5 percent undecided.
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Editor’s Corner
By Ed Kilgore
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June 25: John Roberts’ Path Not Taken on Abortion
In looking at Dobbs v. Jackson Women’s Health Organization from many angles at New York, one I noted was the lonely position of Chief Justice John Roberts, who failed to hold back his conservative colleagues from anti-abortion radicalism:
While the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization will go down in history as a 6-3 decision with only the three Democrat-appointed justices dissenting, Chief Justice John Roberts actually did not support a full reversal of Roe v. Wade and Planned Parenthood v. Casey. His concurring opinion, which argued that the Court should uphold Mississippi’s ban on abortions after 15 weeks of pregnancy without entirely abolishing a constitutional right to abortion, represented a path not taken by the other five conservative members of the Court.
When the Court held oral arguments on the Mississippi law last December, the conservative majority’s determination to redeem Donald Trump’s promise to reverse Roe v. Wade was quite clear. The only ray of hope was the clear discomfort of Chief Justice John Roberts, as New York’s Irin Carmon noted at the time:
“It seemed obvious that only Roberts, who vainly tried to focus on the 15-week line even when everyone else made clear it was all or nothing, cares for such appearances. There had been some pre-argument rumblings that Barrett and Brett Kavanaugh might defect, perhaps forming a bloc with Roberts to find some middle ground as happened the last time the Court considered overturning Roe in 1992’s Planned Parenthood v. Casey. On Wednesday, neither Barrett nor Kavanaugh seemed inclined to disappoint the movement that put them on the Court.”
Still, the Casey precedent offered a shred of hope, since in that 1992 case some hard and imaginative work by Republican-appointed justices determined not to overturn Roe eventually flipped Justice Anthony Kennedy and dealt a devastating blow to the anti-abortion movement. Just prior to the May leak of Justice Samuel Alito’s draft majority opinion (which was very similar in every important respect to the final product), the Wall Street Journal nervously speculated that Roberts might be undermining conservative resolve on the Court, or change sides as he famously did in the Obamacare case.
In the wake of the leak there was some reporting that Roberts was indeed determined not to go whole hog in Dobbs; one theory about the leak was that it had been engineered to freeze the other conservatives (especially Justice Brett Kavanaugh, who during his confirmation hearings had said many things incompatible with a decision to reverse Roe entirely) before the chief justice could lure them to his side.
Now it appears Roberts tried and failed. His concurrence was a not terribly compelling plea for “judicial restraint” that left him alone on the polarized Court he allegedly leads:
“I would take a more measured course. I agree with the Court that the viability line established by Roe and Casey should be discarded under a straightforward stare decisis analysis. That line never made any sense. Our abortion precedents describe the right at issue as a woman’s right to choose to terminate her pregnancy. That right should therefore extend far enough to ensure a reasonable opportunity to choose, but need not extend any further certainly not all the way to viability.”
Roberts’s proposed “reasonable opportunity” standard is apparently of his own invention, and is obviously vague enough to allow him to green-light any abortion ban short of one that outlaws abortion from the moment of fertilization, though he does seem to think arbitrarily drawing a new line at the beginning of the second trimester of pregnancy might work. Roberts’s real motivation appears to be upholding the Court’s reputation for judiciousness, which is indeed about to take a beating:
“The Court’s decision to overrule Roe and Casey is a serious jolt to the legal system — regardless of how you view those cases. A narrower decision rejecting the misguided viability line would be markedly less unsettling, and nothing more is needed to decide this case.”
In his majority opinion (joined by Justices Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett, along with Kavanaugh) Alito seems to relish in mocking the unprincipled nature of the chief justice’s temporizing position:
“There are serious problems with this approach, and it is revealing that nothing like it was recommended by either party …
“The concurrence would do exactly what it criticizes Roe for doing: pulling “out of thin air” a test that “[n]o party or amicus asked the Court to adopt …
“The concurrence asserts that the viability line is separable from the constitutional right they recognized, and can therefore be “discarded” without disturbing any past precedent … That is simply incorrect.”
One has to wonder that if Merrick Garland had been allowed to join the Court in 2016, or if Amy Coney Barrett had not been rushed onto the Court in 2020, Robert’s split-the-differences approach eroding but not entirely abolishing the constitutional right to abortion might have carried the day in Dobbs. But that’s like speculating about where we would be had Donald Trump not become president in 2017 after promising conservatives the moon — and an end to Roe.
Kerry needs to discuss the Bush administration’s inept response to information that was given to them before 9/11 concerning terrorist activity in the US. People need to understand that “our great protector” and his administration was given information about possible terrorist plots (ie plane hijackings) and they failed to act on the information! How can someone look at Bush in the same positive light knowing that he failed us back in 2001? And then, he was initially against the Homeland Security Department. Security is a BIG concern in this election. I see nothing that indicates to me that Bush has made us more secure. Another thing, most people I know, regardless of political affiliation, are not happy with the way things are going. People are stressed out! Kerry needs to speak to these people. There are a lot of us. Life is difficult anymore and there is no empathy coming from the Whitehouse. Kerry needs to address this.
Joe
Dan,
I think you are correct on the media buying. I have said this before and will repeat – in the final analysis many folks will not be able to pull the B/C lever or whatever method of voting available. I suspect you need to select one or two polls and stick with them while filtering out the others.
Who are the Republican pollsters and who are the Democratic? I subscribe to Rasmussen and also follow Zogby. I was a Zogby junkie in 00. I have regaining confidence.
There is an arrogance about the B/C crowd. Also things are looking mighty grim in Iraq.
Jody
If you look at the states that K-E are not buying media in at this time, they are all competitive Senate races, except Arizona. If Demos want to allow the Senate candidates to establish themselves you cut down on K-E buys in September, pour money into the Senate race and then buy in October when B-C is buying and the K-E ads do not tie the Senate candidate to the national ticket.
Arizona is a special case because any early push there provokes a McCain response. In October that will not be as big a problem as McCain will be busy supporting the Arizona down ticket candidates.
In other words, there is a rationale that shows careful planning and not hysteria. I have been growing in my confidence that K-E do think through what they do.
Yet listening to Juan Williams on NPR this morning you would think the Kerry is ready to concede Missouri. Really, what the heck are we going to do with the mainstream media. What is with NPR?
Well, all I can say is “figures don’t lie, but liars figure.” I have seen the Gallup guy on TV with his so called groups. I saw a biased republican partisan. And the media is just as bad. So why should I believe the polls when I no longer believe the media. It was just tooooooooooo convenient.
From Missouri—-
I am seeing support for K/E in places where you should not expect it, given the demographics.
Missouri is winnable although it will be close. B/C are taking it for granted. It’s critical to get Edwards in key outstate areas to hold down the GOP vote and Kerry is needed in StL and KC, especially in the labor-oriented suburbs.
Please don’t give up on us. Strategic media buys in October can be critical, especially when the Cardinals are in the World Series.
This is the first time that I’ve been to this site, and I find it far better than the others. I did some research os SurveyUSA on their website.
The good news is that they are usually pretty accurate in their pre-election predictions. The bad news is that they usually, but not always, err on the side of the Democrats.
I also find it interesting that Bush went down in Newsweek but up in Time. Zogby stayed the same; Rasmussen is back to 1 point. Do the pollsters really know what they are doing or is it possible that there are more undecided voters than is commonly believed?
I want my W.rong For America! T-shirt and bumperstickers!
Kerry people are you listening??
I agree. Don’t give up on Missouri or other states in middle America. Independents and moderate to conservative Dems are looking for a reason, any reason to vote for Kerry. They don’t like Bush, but they remain undecided after the Repub convention. Maybe put together a commercial showing Kerry skeet shooting and talking about his joy of hunting. Is Carville on top of this? It works!
Reports are that Kerry’s campaign has pulled all advertising from MO. This now seems terminally dumb if this poll is even close to correct. Gore pulled out of Ohio assuming he was way behind when in fact he was closing. How do we keep Kerry’s folks from premature surrender in key battlegrounds like this? T.J.
Ruy, what is your opinion on SUSA’s methodology? They seem to have as good a record as anyone else based on past elections, but the Hotline for one has a real problem with them and won’t include their results (or Rasmussen’s, for that matter) in their polling summaries.