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 16: Towards a 2028 Democratic Primary Calendar
Don’t look now, but it’s already time for the DNC and the states to figure out the 2028 Democratic presidential primary calendar, so I wrote an overview at New York:
The first 2028 presidential primaries are just two years away. And for the first time since 2016, both parties are expected to have serious competition for their nominations. While Vice-President J.D. Vance is likely to enter the cycle as a formidable front-runner for the GOP nod, recent history suggests there will be lots of other candidates. After all, Donald Trump drew 12 challengers in 2024. On the Democratic side, there is no one like Vance (or Hillary Clinton going into 2016 or Joe Biden going into 2020) who is likely to become the solid front-runner from the get-go, though Californians Gavin Newsom and Kamala Harris lead all of the way too early polls.
But 2028 horse-race speculation really starts with the track itself, as the calendar for state contests still isn’t set. What some observers call the presidential-nominating “system” isn’t something the national parties control. In the case of primaries utilizing state-financed election machinery, state laws govern the timing and procedures. Caucuses (still abundant on the Republican side and rarer among Democrats) are usually run by state parties. National parties can vitally influence the calendar via carrots (bonus delegates at the national convention) or sticks (loss of delegates) and try to create “windows” for different kinds of states to hold their nominating contests to space things out and make the initial contests competitive and representative. But it’s sometimes hit or miss.
Until quite recently, the two parties tended to move in sync on such calendar and map decisions. But Democrats have exhibited a lot more interest in ensuring that the “early states” — the ones that kick off the nominating process and often determine the outcome — are representative of the party and the country as a whole and give candidates something like a level playing field. Prior to 2008, both parties agreed to do away with the traditional duopoly, in which the Iowa caucuses and New Hampshire primary came first, by allowing early contests representing other regions (Nevada and South Carolina). And both parties tolerated the consolidation of other states seeking influence into a somewhat later “Super Tuesday” cluster of contests. But in 2024 Democrats tossed Iowa out of the early-state window altogether and placed South Carolina first (widely interpreted as Joe Biden’s thank-you to the Palmetto State for its crucial role in saving his campaign in 2020 after poor performances in other early states), with Nevada and New Hampshire voting the same day soon thereafter. Republicans stuck with the same old calendar with Trump more or less nailing down the nomination after Iowa and New Hampshire.
For 2028, Republicans will likely stand pat while Democrats reshuffle the deck (the 2024 calendar was explicitly a one-time-only proposition). The Democratic National Committee has set a January 16 deadline for states to apply for early-state status. And as the New York Times’ Shane Goldmacher explains, there is uncertainty about the identity of the early states and particularly their order:
“The debate has only just begun. But early whisper campaigns about the weaknesses of the various options already offer a revealing window into some of the party’s racial, regional and rural-urban divides, according to interviews with more than a dozen state party chairs, D.N.C. members and others involved in the selection process.
“Nevada is too far to travel. New Hampshire is too entitled and too white. South Carolina is too Republican. Iowa is also too white — and its time has passed.
“Why not a top battleground? Michigan entered the early window in 2024, but critics see it as too likely to bring attention to the party’s fractures over Israel. North Carolina or Georgia would need Republicans to change their election laws.”
Nevada and New Hampshire have been most aggressive about demanding a spot at the beginning of the calendar, and both will likely remain in the early-state window, representing their regions. The DNC could push South Carolina aside in favor of regional rivals Georgia or North Carolina. Michigan is close to a lock for an early midwestern primary, but its size, cost, and sizable Muslim population (which will press candidates on their attitude towards Israel’s recent conduct) would probably make it a dubious choice to go first. Recently excluded Iowa (already suspect because it’s very white and trending Republican, then bounced decisively after its caucus reporting system melted down in 2020) could stage a “beauty contest” that will attract candidates and media even if it doesn’t award delegates.
Even as the early-state drama unwinds, the rest of the Democratic nomination calendar is morphing as well. As many as 14 states are currently scheduled to hold contests on Super Tuesday, March 7. And a 15th state, New York, may soon join the parade. Before it’s all nailed down (likely just after the 2026 midterms), decisions on the calendar will begin to influence candidate strategies and vice versa. Some western candidates (e.g., Gavin Newsom or Ruben Gallego) could be heavily invested in Nevada, while Black proto-candidates like Kamala Harris, Cory Booker, and Wes Moore might pursue a southern primary. Progressive favorites like AOC or Ro Khanna may have their own favorite launching pads, while self-identified centrists like Josh Shapiro or Pete Buttigieg might have others. Having a home state in the early going is at best a mixed blessing: Losing your home-state primary is a candidate-killer, and winning it doesn’t prove a lot. And it’s also worth remembering that self-financed candidates like J.B. Pritzker may need less of a runway to stage a nationally viable campaign.
So sketching out the tracks for all those 2028 horses, particularly among Democrats, is a bit of a game of three-dimensional chess. We won’t know how well they’ll run here or there until it’s all over.

