Ramesh Ponnuru and Cass Sunstein have conducted an interesting colloquoy over at The New Republic site about the political implications of a hypothetical overturning of Roe v. Wade in the near future. National Review‘s Ponnuru took on the increasingly popular view that returning abortion policy to the legislative branches of the federal and state governments will be a boon to pro-choice progressives and a blow to the GOP. His main argument was that in a post-Roe world, pro-lifers may well be smart enough (and, if Roe is only partially overturned, may be forced) to focus on popular abortion restrictions rather than the kind of frontal assault on abortion rights that could produce a pro-choice backlash. Sunstein responded that losing Roe would give the pro-choice movement the kind of energy and determination that Roe itself has supplied for abortion opponents over the last thirty-three years.Both arguments have merit, but the debate itself makes an important point that should give pause to those progressives who sunnily forecast happy days in a post-Roe America: nobody knows exactly what would happen, but the one thing we do know is that a reversal of Roe would not create some sort of one-time national referendum on basic abortion rights. As Ponnuru suggests (and as I argued last fall in a public discussion with two leading pro-choice-but-anti-Roe experts, Stuart Taylor and Jeffrey Rosen), barring some highly unlikely preemptive action by Congress, the issue would play out in fifty state legislatures over an extended period of time, on a messy and complex landscape. Abortion would become a perennial, 24-7 issue in many states, dominating political discourse in ways that are easy to envision but hard to exactly predict. Perhaps elevating abortion policy to an overrriding national obsession will ultimately create the kind of decisive pro-choice consensus that Sunstein and others so confidently expect. But I wouldn’t bet the farm (or, if I were a woman, my rights) on it, or look with equanimity at the very real possibility that a lame-duck Republican president will soon give the Supreme Court a fifth vote to overturn Roe.
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Editor’s Corner
By Ed Kilgore
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October 4: Will Helene Affect the Election?
It’s traditional in American politics to fret about “October surprises,” the unanticipated events that throw off years of plans and calculations. October has barely begun, but Hurricane Helene with its terrible destruction already has people wondering, so I wrote some preliminary thoughts about how to assess it at New York:
The upcoming presidential election is so close that it could easily be swayed by external developments. Perhaps a widening war in the Middle East will turn heads in one direction or the other, or possibly a dockworkers strike will shake the steadily improving economy and help Republicans. But the major event we already know about is Hurricane Helene, which took a horrific toll on a swath of coastal and inland communities stretching from Florida to Virginia. Confirmed deaths from the storm have already reached 175, with more likely as rescue crews sift through the wreckage and reach remote areas. Damage is expected to reach as much as $160 billion, making the storm one of the deadliest and costliest in U.S. history.
While the human tragedy of Helene remains front and center, it’s impossible to forget entirely that the nightmare storm hit late in a very close and highly consequential presidential election, and two battleground states (Georgia and North Carolina) were very much affected. Here’s what we know about the possible political fallout.
Will damage from the storm impact turnout?
A lot of what we know about the impact of a major destructive storm on the willingness and ability of citizens to vote comes from Hurricane Sandy, which hammered parts of Connecticut, New Jersey, and New York in October 2012 during the run-up to a reasonably competitive presidential election. Sandy, to be clear, was much more proximate to Election Day (hitting the United States on October 29, eight days before the election) than Helene. On the other hand, early voting has become more significant since 2012, and mail ballots were going out in North Carolina when Helene roared across the area. The major study on the electoral impact of Sandy concluded that the famous “superstorm” did not have a significant impact on voter turnout in 2012.
There’s some talk in North Carolina of flooded polling places that may not be usable any time soon and fears of extended disruption of mail service. However, in all but a few isolated places, there should be plenty of time for recovery in the month before Election Day. Individuals, of course, may experience dislocations and psychological effects that might interfere with all kinds of civic participation, but it will be hard to anticipate the magnitude of such collateral damage.
If Helene does affect voting, will there be a disparate impact on candidates?
The Washington Post took a look at the communities experiencing the most death and destruction from Helene and quickly concluded Trump country was most affected:
“As of writing, the federal government has issued disaster declarations in 66 mostly rural counties across four states: 17 in Florida, 11 in Georgia, 25 in North Carolina, and 13 in South Carolina. The declarations follow Helene’s path, from the section of Florida where the state bends along the Gulf of Mexico, through eastern Georgia and into the western Carolinas …
“Overall, counties in those four states that weren’t declared disaster areas voted for Joe Biden by a slight margin. Counties that were declared disaster areas backed Trump by a nearly 16-point margin. In all four states, counties that were included in the federal government’s disaster declarations were more supportive of Trump than were counties that didn’t receive that designation. In Georgia and North Carolina, non-disaster counties gave more votes to Biden.”
The disparate impact is most notable in North Carolina, a red-hot battleground state and the one where Helene’s impact was most heavily concentrated:
“Trump won North Carolina by a bit over one percentage point in 2020. If no one in the counties currently undergoing a Helene-related disaster had voted, Biden would have won by more than three points. If those counties are unable to vote at the same level as they did four years ago by the time Election Day arrives, that could spell trouble for the former president.”
But again, it’s a long time until Election Day.
Will government relief and recovery efforts affect voter preferences?
People who have lost homes or other possessions to high winds and (especially) flooding and/or who lack power or other essentials for an extended period of time are especially dependent on emergency assistance and may be grateful if it arrives expeditiously. Beyond for those immediately affected, the perceived competence and compassion of government entities dealing with disaster relief and recovery efforts can affect how voters assess those in office, particularly in a high-profile situation like that created by Helene.
An American Enterprise Institute study of Sandy suggested that the Obama administration’s response to the storm was a major factor in the incumbent’s ability to win late deciders in 2012, topped by this finding: “Fully 15 percent of the electorate rated Obama’s hurricane response as the most important factor in their vote.”
At the other end of the spectrum, the George W. Bush administration’s tardy, confused, and seemingly indifferent response to the calamity of Hurricane Katrina in August and September of 2005 had an enduringly negative effect on perceptions of his presidency, even though it occurred nowhere close to a national election, as Reid Wilson explained:
“Voters, already turning skeptical over the mismanaged war in Iraq, blamed Bush for the unfolding disaster in New Orleans. Bush’s approval rating hit 45 percent in Gallup surveys the month after Katrina; they never again reached that high. The number of Americans who said the country was headed off on the wrong track rose north of 60 percent and stayed even higher for the rest of Bush’s presidency.”
While FEMA and HUD are typically the federal agencies most involved in disaster response and recovery, presidential leadership in a disaster always gets attention, too, and the risk of negative publicity or graphic displays of unmet needs won’t go away immediately. Bureaucratic backlogs in distributing funds and approving applications for assistance could cause voter unhappiness long after the initial damage is addressed.
Barring unexpected developments or a major series of screwups in the federal response, Hurricane Helene is likely to mark a big moment in the lives of people in and near the areas of devastation but probably won’t much affect their voting behavior. Obviously the campaigns and their allies will need to adjust their get-out-the-vote operations and show some sensitivity to the suffering of people whose lives were turned upside down. We can only hope the election itself and its aftermath don’t add violence and trauma to the damage done.