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.
One other comment in response to Doyle’s very good questions:
Using McDonald’s measure of the voting eligible population (at elections.gmu.edu), I find that turnout increased markedly in battleground states but not elsewhere. Turnout rose about 5 points in 11 battlegrounds but was essentially flat elsewhere. In the most hotly contested states such as OH and FL, turnout was up more like 7-8 points. But in lopsided states like CA turnout actually fell. This prevented the national turnout total from setting any records.
OK, here’s a question I hope someone can answer:
Let’s say voter turn-out actually WAS ~60%. Let’s say it was ~50% in 2000. That’s 20% more people – a good-sized increase, but not HUGE. So why were there ENORMOUS lines? I live in Ohio (sorry everyone – we tried) and I’ve never waited in line before, but this time it took almost 90 minutes, and I was one of the lucky ones. I’m sure everyone has seen or heard about the people (in mostly minority and/or college-age precincts) who were in line for 6 hours or more.
But I’m not really accusing anyone of anything (though I’m not letting them off the hook either); mostly I’m just looking for why 20% more people = 1000% more waiting in line.
There are some interesting analyses of data being performed on voting boxes in Florida. I hope you’ll be reading them before further concluding that the compass is properly calibrated towards true NORTH.
A compass isn’t much good if it is off, and while presuming the integrity of the electoral process is one approach, another is to look at the data and see what they say.
Well, one thing is absolutely clear from this election. Higher turnout in and of itself would have meant absolutely nothing.
Some experts predicted that turnout would reach 120 million. So far, with the latest figures it’s at 115.4 million. So, if there were an additional 4.6 million votes and if they broke 55-45 for Kerry (according to the conventional wisdom about new voters), Kerry would only have picked up an about an additional 2.5 million votes.
So Bush would STILL have won the popular vote by about 1 million votes.
Nothing could be clearer. Technical strategies to boost turnout simply won’t work.
There must be a new strategic campaign to give voters a reason to vote FOR democrats and not just against Republicans, starting now and culminating on election day, 2008.
Randi Roades (Air America Radio) has some very important
information on their web site, regarding e-machines and steps that are being taken to have the Black Boxes audited for possible irregularities, several of which have already been found in Georgia and Ohio.
http://www.airamericaradio.com (link The Randi Roades Show)
or
randiroadesshow.com
I certainly want to be careful with this story, but there seem to be some troubling numbers with regard to exit polls being way off in ‘E’states and way accurate in paper ballot states… is anyone watching this? My latest post provides some interesting numbers…
To compare “apples to apples” so to speak (turnout in ’68 vs. ’04), don’t you have to adjust for the larger number of inelligible voters in both years?
I’m sure in the contested swing states that the percentage was very high. In my county in Wisconsin, turnout was around 80% of the census estimate for adults 18 and older.
Was the national average dragged down because CA, NY, TX, and IL were not competitive for the presidential contest?
Shouldn’t we simply be talking about the voting eligible population?
Brookings has something:
http://www.brookings.edu/views/papers/20040909mcdonald.htm
This was useful:http://elections.gmu.edu/voter_turnout.htm
And this was an valuable collection of state by state voter turnout against the number of eleigible voters….
http://elections.gmu.edu/Voter_Turnout_2004.htm
I wanted to see how being a “swing state” influenced voter turnout–e.g., Ohio was much higher than neighboring Indiana. I’d be interested to see a discussion of the entire 50 if someone is motivated and has time.
More than that, I was interested in how the averages would project. So, if we took the margin in California, and assumed it was representative of the real feelings of the state, and then calculated from the number of eligible voters how many would have supported each candidate, how does it spell out nationa wide? Is it enough to overcome the small-state bias?
Is the difference in turnout between swing states and safe states enough to explain the deviation between polls and the final electoral results?
Sorry, but for what possible reason would anyone quote turnout as a fraction of a population that includes ineligible voters? The only statistic that makes any sense is the fraction of voting-age American citizens, and I’m sure that’s what the Times meant when they wrote “voting-age population.” Perhaps they chould have been clearer, but I can’t interpret it any other way. And the fact that their number agrees with yours when interpreted that way seems to bolster that interpretation.
To be fair to the Center that put out the estimate, I’m pretty sure they first reported the 59% number as a percentage of “voting eligible population,” not voting age, and this was reflected in the first wire stories I saw on it. It may be that the later newspapers that wrote it up didn’t notice the distinction.
http://www.petitionspot.com/petitions/deanfordnc
Howard Dean for Chairman of the Democratic National Committee
By Jason Gooljar
It was a solemn day the crowd gathered around the stage where the candidate was to give his concession. Smiles were on the faces of some, while tears fell from the cheeks of others. Rhythmic applause could be heard erupting from the people all in unison. No, this was not the election night of November 2nd , 2004. This was Howard Dean back in the winter about to end his primary bid. For some this moment can now be looked back on as the day we really lost the presidency to our own party.
It has been said “When you trade your values for the hope of winning, you end up losing and having no values — so you keep losing.” The truth has never been more clear than it is now. We must strengthen the newly found spinal transplant of the Democratic Party. We must now take a stand with our democratic values in tow. First, I’ll tell you what we should not stand for anymore. We can no longer be a party who has to move to the center. The right has never had to do it and neither should we. We can no longer be a party who is beholden to special interests. No more of the big money donors, there is a better way. Raise the money from the grassroots.
We need real campaign finance reform. We need to be the party of inclusion and the party of the poor and the middle class. We need to go to middle America and talk to them about what we stand for. We need to show them that we truly have their interests at heart. We need to go to the evangelical Christians and have a real discussion about America. We need to have a real discussion of religion in America. We need to re frame the debate from our perspective and not reinforce the conservative frames already in place.
When Goldwater lost, his backers did not give up. Goldwater actually lost badly. We have not been greatly defeated like they were. It took them forty years to build the machine they have in place now. We let them do it while we snickered at them and laughed at them for being extremists who would never hold power. They continued to work and they continued to organize. They started winning locally at the state level throughout the middle states and then they went national. They threw the moderate republicans out in favor of the new conservatives. There is much to learn from our opponents indeed.
As we rebuild our party we must keep some things in mind. The neo conservatives do not have absolute power. There were millions of Americans who voted against this President. We still have the power, you still have the power. We as the progressive movement can no longer be afraid of losing. In order to win you must loose. As long as you keep your values when you loose you can continue to fight on. If you give them up you have nothing. Either we as the democratic party stand for something or we stand for nothing at all. After all why vote for a right wing lite party when you can vote for the real thing as middle America did.
Terry McAuliffe’s strategy had major flaws in my opinion. The tactic of a shorter primary in my opinion was not a good idea. We could have used the time to truly prepare our national agenda. We could have used that time to allow our democratic ideals to take forefront in the media. Chairman Mcauliffe is an incredible fund raiser this has been said but he lacks the vision to take this party in the direction it has to go. It has also been said that his agenda did not truly involve the south.
With all of this being said I’m asking the people who voted against this President to ask the DNC to elect former Governor Howard Dean as the new chairman of the Democratic National Committee. Howard Dean has a clear vision of where this party needs to be headed. We need his guidance to achieve our goals as a progressive movement. If we loose in the interim if we stay together as a movement we can shoulder the losses and eventually trumpet the wins. I’m asking for the people to write letters to the media and call elected officials in the democratic party to push for election of Howard Dean as the new chairman of the DNC.
If you care to know why we’ll lose again in 2008, read Thomas Frank’s essay in the NY Times:
http://www.nytimes.com/2004/11/05/opinion/05frank.html?pagewanted=print&position=
Frank is the author of “What’s the Matter with Kansas?”
If you care to know why we’ll lose again in 2008, read Thomas Frank’s essay in the NY Times:
http://www.nytimes.com/2004/11/05/opinion/05frank.html?pagewanted=print&position=
Frank is the author of “What’s the Matter with Kansas?