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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April 16: Immigration Politics May Turn on Trump If the Cruelty and Chaos Continue
Like many Americans, I’ve been watching with fascinated horror the Trump administration’s first big steps towards mass deportation, and wrote about the political underpinnings of the issue at New York:
To those who are worried about the threat to the rule of law represented by the first president to enter the White House as a convicted criminal, the brinkmanship being exhibited by Team Trump over court orders involving an erroneously deported immigrant seems ominous.
The Trump administration has been taunting the judiciary via dilatory tactics and obfuscation in the case of Kilmar Abrego Garcia. This protected-status immigrant from El Salvador, who is married to a U.S. citizen and has three children, was shipped off to a brutal Salvadorian rent-a-prison without due process, based on a faulty identification.
U.S. district court judge Paula Xinis has ordered the administration to find and return Abrego Garcia so that he can receive due process prior to deportation, and a 5-4 majority of the U.S. Supreme Court concurred that the order must be obeyed, albeit with some consideration of the complications of the case. But even though Judiciary Department lawyers have admitted in court that Abrego Garcia’s deportation was the result of an error, the White House has stalled in complying with Xinis’s order. And in a bizarre Oval Office meeting with Salvadoran president (and self-described dictator) Nayib Bukele, Trump and his attorney general suggested it was now Bukele’s problem. The Salvadoran leader said he would not “smuggle” a “terrorist” back into the United States. Right there in front of the cameras, White House policy director and infamous nativist Stephen Miller misstated the Supreme Court decision and kept referring to Abrego Garcia as a terrorist, the disputed attribution at the very center of the legal case. It all seemed like an extended mockery of the rule of law.
The administration is clearly playing rope-a-dope on the entire situation. And while it may ultimately comply with the courts, extract Abrego Garcia from prison, and give him a real hearing, the political question is why Team Trump is dragging this out in the glare of global bad publicity. Is this really the ground on which the 47th president will trigger a much-feared constitutional crisis by openly defying the judicial branch of government, including the Supreme Court that has been so very good to him? That’s what a lot of Trump critics believe is happening before our incredulous eyes.
I personally believe the administration will eventually submit to the courts, albeit as minimally as possible. But it’s possible Team Trump thinks the president’s foreign-policy powers, which they claim are at stake in such cases, are strong enough that it’s the Supreme Court that will submit to Trump’s authority to do as he wishes with immigrants.
Politically speaking, this is a fight the administration is eager to take on even if it temporarily loses, because it’s all happening on Trump’s favored turf at the intersection of the immigration and crime issues. At a time when the president is losing popularity steadily thanks to his economic policies, and particularly his tariff policies, it’s probably a relief to get back to the argument that America is succumbing to an “invasion” by criminal immigrants eager to rape, pillage, and eat pets. It seemed to have worked in 2024. Why not in 2025?
Recent polls regularly confirm that of all the controversial things Trump has done in the first 11-plus weeks of his second term, his handling of immigration policy is the most popular. This is true in polls that rate his overall job performance negatively (an April 8 Economist–YouGov survey giving him a net minus-seven approval rating overall but a plus-six approval rating on immigration) and positively (an April 10 Harvard–Harris survey giving him a net plus-two approval rating overall but a plus-seven approval rating on immigration). It’s entirely possible, and even likely, that when the full implications of the Trump-Miller immigration agenda become manifest, particularly when legal immigrants and even citizens are affected, this general-public approbation will fade or even head due south. Indeed, pollster G. Elliott Morris has published an analysis arguing that support for Trump’s positions declines steadily as questions about them become more specific:
“[W]hen various pollsters asked if they would support deporting immigrants who have been here more than 10 years (as in the case of Abrego Garcia), U.S. adults said “no” by a 37 percentage point margin; Americans disapprove of deporting immigrants who have broken no laws other than laws governing entry; they oppose deporting U.S. citizens convicted of crimes to foreign jails, such as [El Salvador’s] CECOT, and they oppose housing migrants at Guantanamo Bay while they are processed. All of these are policies the Trump administration has now floated or is actively carrying out.”
So the administration may be guilty of rhetorical overreach on immigration at a time when the mass-deportation program is actually going pretty slowly. But what about all the constitutional fears raised by cases like that of Abrego Garcia? Won’t Americans recoil at those signs of a presidency determined to become imperial? Maybe not.
Team Trump has clearly internalized one of the big lessons of the 2024 presidential election: that threats to “the rule of law” or “the Constitution” or “democracy” don’t mean a lot to persuadable voters who are most concerned about living costs and their own sense of well-being. If what Trump tried to do on January 6, 2021 doesn’t rise to the level of a voting issue for well over half the electorate, then is there any reason to believe that Abrego Garcia’s “due process” rights will matter? What is “due process,” anyway? Like the “presumption of innocence” from which Abrego Garcia should also benefit, it’s a legal concept that an awful lot of regular folks either don’t understand or find problematic, particularly when applied to someone the president of the United States has labeled an alien criminal terrorist.
So Team Trump is happy to defy the rule of law, at least at a level short of overt defiance, in any controversy involving immigrants. It pleases the nativist MAGA base immensely to see the administration run circles around “activist judges” in ridding the country of the people Democrats allegedly brought in to “replace” the country’s historic white majority. And it’s unclear at this point that Democrats and other Trump critics can make smash-and-grab ICE operations that land peaceful American residents in overseas hellholes as frightening as they should be. But as with the increasingly unpopular Trump tariff program, the immigration agenda may lose support the longer, the louder, and the more chaotic it becomes.