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.
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Editor’s Corner
By Ed Kilgore
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There’s really not much drama going on in Congress lately, but a manufactured crisis could shut down the federal government right in the middle of the general election season, as I explained at New York:
Kicking cans down the road is an essential skill in Congress, particularly when partisan control of the government is divided, as it is now. Routine decisions like keeping the federal government operating must await posturing over essential laws each party wants to enact but does not have the power to impose. And that’s why there seems to be a perpetual threat of a government shutdown — which is what happens if either house of Congress or the president refuses to sign off on spending authority — and why Washington typically lurches along from stopgap spending deal to stopgap spending deal.
The most recent stopgap spending deal expires on September 30, the last day of Fiscal Year 2024. There’s been some back-and-forth about the length of the next stopgap based on changing calculations of which party is likely to be in the ascendancy after the November election. But this normal bit of maneuvering suddenly turned fraught as Donald Trump bigfooted his way into the discussion on Truth Social not long before he debated Kamala Harris:
“If Republicans in the House, and Senate, don’t get absolute assurances on Election Security, THEY SHOULD, IN NO WAY, SHAPE, OR FORM, GO FORWARD WITH A CONTINUING RESOLUTION ON THE BUDGET. THE DEMOCRATS ARE TRYING TO “STUFF” VOTER REGISTRATIONS WITH ILLEGAL ALIENS. DON’T LET IT HAPPEN — CLOSE IT DOWN!!!”
The backstory is that in April, when Speaker Mike Johnson was feeling some heat from the House Freedom Caucus over allegedly “caving” to Democrats in the last stopgap spending fight, the Louisianan scurried down to Mar-a-Lago to huddle with the Boss. Johnson announced he would do Trump’s bidding by introducing a bill to outlaw noncitizen voting, the phantom menace that is one of Trump’s favorite stolen-election fables. Those of us who understood that noncitizen voting (of which there is no actual evidence beyond a handful of votes among hundreds of millions) is already illegal shrugged it off as a MAGA red-meat treat.
But Johnson forged ahead with a House vote to approve the so-called SAVE Act. After the Senate ignored it, he included it in the first draft of his new stopgap bill. Everyone, and I do mean everyone, figured it would be dropped when negotiations got serious. But then Trump made his latest intervention and then, worse yet, Johnson couldn’t get the votes to pass his stopgap and get the ping-pong game with Democrats going (many right-wing House members won’t vote for any stopgap spending bill, and others are demanding big domestic spending cuts that don’t pass the smell test). So Johnson is back to square one, as the New York Times reports:
“Speaker Mike Johnson on Wednesday abruptly canceled a vote on his initial plan to avert a government shutdown, as opposition to the six-month stopgap funding measure piled up in both parties.
“It was a bruising setback for Mr. Johnson coming only a few weeks before a Sept. 30 deadline Congress faces to fund the government or face a shutdown.”
So now what? In the intense heat of an election year in which both the House and the White House are poised between the two parties, the leader of the GOP ticket has ordered Johnson to hold his breath until he turns blue — or more to the point, until the government is shut down — unless something happens that is as likely as Johnson suddenly coming out for abortion rights. Indeed, far from ramming the deeply offensive and impractical SAVE Act down the throats of Chuck Schumer and Joe Biden, he can’t even get the stopgap spending measure that includes it out of his own chamber. In the past, Democrats have loaned him a few votes to help him out of a jam, but they won’t do it unless he drops the SAVE Act. And if he drops the SAVE Act, Trump’s friends in the House will happily drop him the first chance they get (maybe right away, or maybe after the election). On the other hand, if he obeys Trump and refuses to move any spending bill, there’s a good chance a few Republicans will defect and back a Democratic measure to avoid an unusually pointless and politically damaging government shutdown. That, too, would expose Johnson as feckless and disposable.
Ever since Johnson succeeded Kevin McCarthy, Washington observers have alternated between treating him as some sort of backwoods parliamentary genius who fools people with his apparent befuddlement and as a Mr. Magoo who stumbles forward blindly and survives by luck and the fact that House Republicans have no better prospects for wielding the gavel. We’ll soon see which Mike Johnson emerges from the current morass. Another major incident of GOP fecklessness and disarray could help Democrats flip the House, but it’s a shame people may not be able to do their jobs in the interim.