David Brooks offers up another fine bit of sophistry in today’s New York Times. And yes, it’s another example of what I call the Dover Beach column, wherein the lofty-minded pundit sadly surveys the madness of partisan conflict from a spot high above the fray, and then proceeds to offer a lofty-minded solution that happens to coincide with one party’s agenda.In this case, the subject is abortion, and here is the gist of the Brooksian argument: (1) Roe v. Wade whisked abortion policy from the legislative to the judicial arena, making compromise impossible and empowering extremists on both sides of the issue; (2) legitimately frustrated Republicans who can’t pursue legislative remedies on abortion are now poised to Do the Bad Thing and assault both the judiciary and the essentially conservative traditions of Senate debate; and thus (3) the solution is to give Republicans what they want by overturning Roe. Neat, eh?As is generally the case with Brooks these days, his transition from bipartisan-sounding analysis to endorsement of a partisan position is greased by a big fat planted axiom of extremely dubious quality: the idea that making abortion a legislative issue will facilitate “democratic debate,” compromise, sweet reasonableness, and in general, a de-emphasis of the issue in our political system.Give me a break. Without Roe, abortion politics would be a 24-7 preoccupation of both Congress and many state legislatures, with those determined to eventually outlaw abortion altogether offering an infinite variety of incremental, poll-tested restrictions. How do I know this? Because that’s precisely what’s happened in the limited sphere of legislation allowable under Roe. Look at the last “reasonable compromise” offered by Democrats in Congress, the Daschle Amendment of the late 1990s, which would have banned third-trimester abortions with an exception for the health of the mother. It was not only opposed by some abortion rights advocates, but by right-to-lifers and Republicans generally, who weren’t interested in any “solution” other than their own contrived “partial-birth” ban, which recognized no exceptions.Moroever, look at what’s happening in the U.K., one of those wise jurisdictions where abortion policy is set through “democratic debate.” The Tories have made abortion a big issue in the current parliamentary campaign by proposing an incremental restriction of the period where abortion is allowable, in an overt attempt to peel off Labour-leaning Catholic voters.The truth is that abortion politics are toxic not because the courts have intervened, but because the issue involves very fundamental differences of opinion on matters that are more important to some people than politics itself. It’s possible to make the argument that letting “democratic debate” decide abortion policy is the right thing to do, but Brooks’ idea that it will reduce the passions involved in this issue, or keep right-to-lifers from demonizing judges or seeking to override Senate traditions, is absolutely wrong.We just learned in the Schiavo saga that conservatives are willing to demonize judges if they don’t interpret federal and state statutues to suit them. Accepting, as Brooks does, the thread-bare argument that they are only interested in reasserting the right to “democratic debate” is tantamount to total surrender to the GOP position, which is, of course, where Brooks would have us go.
TDS Strategy Memos
Latest Research from:
Editor’s Corner
By Ed Kilgore
-
January 30: Revocation of Funding Freeze a Promising Sign for Democrats
I was very closely watching the saga of OMB’s disastrous effort to freeze funding for a vast number of federal programs, and wrote about why it was actually revoked at New York.
This week the Trump administration set off chaos nationwide when it temporarily “paused” all federal grants and loans pending a review of which programs comply with Donald Trump’s policy edicts. The order came down in an unexpected memo issued by the Office of Management and Budget on Monday.
Now OMB has rescinded the memo without comment just as suddenly, less than a day after its implementation was halted by a federal judge. Adding to the pervasive confusion, White House Press Secretary Karoline Leavitt immediately insisted on Wednesday that the funding freeze was still on because Trump’s executive orders on DEI and other prohibited policies remained in place. But there’s no way this actually gets implemented without someone, somewhere, identifying exactly what’s being frozen. So for the moment, it’s safe to say the funding freeze is off.
Why did Team Trump back off this particular initiative so quickly? It’s easy to say the administration was responding to D.C. district judge Loren AliKhan’s injunction halting the freeze. But then again, the administration (and particularly OMB director nominee Russell Vought) has been spoiling for a court fight over the constitutionality of the Impoundment Control Act that the proposed freeze so obviously violated. Surely something else was wrong with the freeze, aside from the incredible degree of chaos associated with its rollout, requiring multiple clarifications of which agencies and programs it affected (which may have been a feature rather than a bug to the initiative’s government-hating designers). According to the New York Times, the original OMB memo, despite its unprecedented nature and sweeping scope, wasn’t even vetted by senior White House officials like alleged policy overlord Stephen Miller.
Democrats have been quick to claim that they helped generate a public backlash to the funding freeze that forced the administration to reverse direction, as Punchbowl News explained even before the OMB memo was rescinded:
“A Monday night memo from the Office of Management and Budget ordering a freeze in federal grant and loan programs sent congressional Republicans scrambling and helped Democrats rally behind a clear anti-Trump message. Senate Minority Leader Chuck Schumer blasted Trump as ‘lawless, destructive, cruel.’
“D.C. senator Patty Murray, the top Democrat on the Appropriations Committee, warned that thousands of federal programs could be impacted, including veterans, law enforcement and firefighters, suicide hotlines, military aid to foreign allies, and more …
“During a Senate Democratic Caucus lunch on Tuesday, Schumer urged his colleagues to make the freeze “relatable” to their constituents back home, a clear play for the messaging upper hand. Schumer also plans on doing several local TV interviews today.”
In other words, the funding freeze looks like a clear misstep for an administration and a Republican Party that were walking very tall after the 47th president’s first week in office, giving Democrats a rare perceived “win.” More broadly, it suggests that once the real-life implications of Trump’s agenda (including his assaults on federal spending and the “deep state”) are understood, his public support is going to drop like Wile E. Coyote with an anvil in his paws. If that doesn’t bother Trump or his disruptive sidekick, Elon Musk, it could bother some of the GOP members of Congress expected to implement the legislative elements of the MAGA to-do list for 2025.
It’s far too early, however, to imagine that the chaos machine humming along at 1600 Pennsylvania Avenue will fall silent even for a moment. OMB could very well issue a new funding-freeze memo the minute the injunction stopping the original one expires next week. If that doesn’t happen, there could be new presidential executive orders (like the ones that suspended certain foreign-aid programs and energy subsidies) and, eventually, congressional legislation. Democrats and Trump-skeptical Republicans will need to stay on their toes to keep up with this administration’s schemes and its willingness to shatter norms.
It’s true, nonetheless, that the electorate that lifted Trump to the White House for the second time almost surely wasn’t voting to sharply cut, if not terminate, the host of popular federal programs that appeared to be under the gun when OMB issued its funding freeze memo. Sooner or later the malice and the fiscal math that led to this and other efforts to destroy big areas of domestic governance will become hard to deny and impossible to rescind.