So: after his disastrous debate performance on the question of abortion, Republican presidential front-runner Rudy Giuliani has apparently decided to recalibrate his position, and will be a sorta-loud, sorta-proud proponent of abortion rights. At the same time, his aides suggest, he may downplay the early-states gauntlet of Iowa, NH, and SC, and stake his candidacy on a smashing win in Florida on January 29 (assuming that state’s decision to move that far up survives pressure from the RNC) and in the quasi-national primary on February 5.To the extent that this “new” position is a lot easier to explain and is consistent with his longstanding record in New York, it makes some sense, but it’s obviously a big gamble. Sure, anti-abortion activists are stronger in relatively low-turnout contests like the Iowa Caucuses than in, say, a California primary. But no one should underestimate the extent to which this is a litmus test issue for broad swaths of conservative GOP rank-and-file voters in almost every part of the country. And while Paul Waldman at TAPPED is right in suggesting that Rudy won’t get much of a pass from social conservatives for whom a politician’s position on abortion is essentially a symbolic reflection of their shared belief that American culture is plunging hellwards, Rudy’s bigger problem is going to be with the significant number of conservatives who really do think Roe v. Wade initiated an ongoing American Holocaust. They will do anything to deny Giuliani the nomination, up to and including reaching agreement on a single alternative candidate if necessary.A more immediate problem for Rudy is that his recalibrated position supporting abortion rights happened to coincide perfectly with a statement in Mexico by Pope Benedict XVI adding his personal authority to the conservative clerical contention that pro-choice Catholic politicians should be denied communion. And right away, the rector of the parish where Rudy’s last church-sanctioned marriage was performed told the New York Daily News that he’d deny Giuliani communion if he happened to show up at the altar rail there.This last news was a bit odd, insofar as it ignored the more obvious reason that Rudy might be denied communion at this particular church, or any other Catholic church: his civil dissolution of the marriage performed there, and his civil remarriage to a woman who had also been married twice previously. I sort of doubt Giuliani is going to be seeking communion anywhere, unless he’s pre-arranged it very carefully with a priest who’s willing to take an enormous amount of hierarchical heat.The Pope’s statement is actually bigger news for the four Catholic Democrats running for president: Richardson, Dodd, Biden and Kucinich. In 2004 John Kerry managed to take communion regularly with only a modicum of church-shopping, despite considerable conservative rumblings about denying him access to the sacrament. That may be a lot dicier for pro-choice Catholic Democrats now, on and off the presidential campaign trail.As for Rudy, putting aside his personal religious convictions, he would be politically smart to just go ahead and leave the Catholic Church under protest. His official Catholicism is very unlikely to survive this campaign. Abjuring it would make him one of millions of American ex-Catholics, without offending the many millions of Catholics who disagree with Church teachings on divorce and abortion but who aren’t visible enough in their views to get denied communion.In terms of Giuliani’s position on abortion, he’s probably waffling his way towards a stance that (1) expresses support for reversal of Roe v. Wade on constitutional grounds, (2) makes it clear he’d appoint federal judges who feel likewise, and (3) suggests that in a post-Roe world, he’d support state-level legislative efforts to protect basic abortion rights, though not from the Oval Office. As a practical matter, reversal of Roe is the major objective of anti-abortion activists, and they’d be happy to take their chances with a technically pro-choice president if that happened. Unfortunately for Rudy, his serpentine path on this subject may have fatally undermined any confidence that anti-choicers could trust him to appoint their kind of Supreme Court justices.
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Editor’s Corner
By Ed Kilgore
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November 22: RFK Jr. May Be Denied Confirmation for Being Formerly Pro-Choice
There are no actual Democrats in Trump’s Cabinet so far, but he’s hoping to appoint an ex-Democrat to run HHS. As I noted at New York, RFK Jr. is in trouble for not abandoning abortion rights far or fast enough.
Donald Trump’s shocking nomination of Robert F. Kennedy Jr. to head up the vast Department of Health and Human Services led to a lot of concerns about his suitability and ideological compatibility with the MAGA folk that would surround him at the Cabinet table. Kennedy’s reflexive hostility to vaccines puts him at odds with many Republicans. His complaints about Big Pharma, agribusiness giants, and use of pesticides by farmers have earned him some enemies who are very influential in the Republican Party. And his denunciation of processed foods as child-killing evils has to personally annoy the Big Mac aficionado of Mar-a-Lago.
But even if none of those longtime controversies surrounding the former Democrat make him radioactive among the Senate Republicans who would have to confirm him for HHS, he’s also in considerable trouble with one of the GOP’s oldest and most important allies: the anti-abortion movement. Suspicion of him in that quarter is natural, since Kennedy for many years maintained a standard Democratic position favoring abortion rights, though it was never an issue that preoccupied him. Then, as a presidential candidate who drifted out of the Democratic primaries into an independent bid, he was all over the place on abortion. He made remarks that ranged from unconditional support for the right to choose even after fetal viability to support for a three-month national ban to various points in between.
At a minimum, anti-abortion activists would like to pin him to an acceptable position, but they also seem inclined to secure concessions from him in exchange for declining to go medieval on his confirmation, as Politico explains:
“Abortion opponents — concerned about Kennedy’s past comments supporting abortion access — have two major asks: that he appoint an anti-abortion stalwart to a senior position in HHS and that he promise privately to them and publicly during his confirmation hearing to restore anti-abortion policies from the first Trump administration, according to four anti-abortion advocates granted anonymity to discuss private conversations. And Kennedy, according to a fifth person close to the Trump transition, is open to their entreaties.”
He’d better be. Despite Trump’s abandonment of the maximum anti-abortion stance during his 2024 campaign, the forced-birth lobby remained firmly in his camp and has maintained even more influence among Republican officeholders who haven’t “pivoted” from the 45th president’s hard-core position to the 47th president’s current contention that abortion policy is up to the states. Indeed, you could make the argument that it’s even more important than ever to anti-abortion activists that Trump be surrounded by zealots in order to squeeze as many congenial actions as possible out of his administration and the Republicans who will control Congress come January. And there’s plenty HHS can do to make life miserable for those needing abortion services, Politico notes:
“At a minimum, anti-abortion groups want to see the Trump administration rescind the policies Biden implemented that expanded abortion access, such as the update to HIPAA privacy rules to cover abortions, as well as FDA rules making abortion pills available by mail and at retail pharmacies. … The advocates are also demanding the return of several Trump-era abortion rules, including the so-called Mexico City policy that blocked federal funding for international non-governmental organizations that provide or offer counseling on abortions, anti-abortion restrictions on federal family-planning clinics and a federal ban on discriminating against health care entities that refuse to cover abortion services or refer patients for the procedure when taxpayer dollars are involved.”
Anti-abortion folk could overplay their bullying of Kennedy and annoy the new administration: The Trump transition team has already vetoed one of the Cause’s all-time favorites, Roger Severino, for HHS deputy secretary, though it may have been as much about his identification with the toxic Project 2025 as his extremist background on abortion policy. It probably doesn’t help that objections to Kennedy for being squishy on abortion were first aired by former vice-president Mike Pence, who has about as much influence with Trump 2.0 as the former president’s former fixer Michael Cohen.
As for Kennedy, odds are he will say and do whatever it takes to get confirmed; he’s already had to repudiate past comments about Trump’s authoritarian tendencies, including a comparison of his new master to Adolf Hitler (a surprisingly common problem in MAGA land). Having come a very long way from his quixotic challenge to Joe Biden in 2023, Kennedy really wants to take his various crusades into the new administration, at least until Trump inevitably gets tired of hearing complaints from donors about him and sends him back to the fever swamps.