While the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization will go down in history as a 6-3 decision with only the three Democrat-appointed justices dissenting, Chief Justice John Roberts actually did not support a full reversal of Roe v. Wade and Planned Parenthood v. Casey. His concurring opinion, which argued that the Court should uphold Mississippi’s ban on abortions after 15 weeks of pregnancy without entirely abolishing a constitutional right to abortion, represented a path not taken by the other five conservative members of the Court.
When the Court held oral arguments on the Mississippi law last December, the conservative majority’s determination to redeem Donald Trump’s promise to reverse Roe v. Wade was quite clear. The only ray of hope was the clear discomfort of Chief Justice John Roberts, as New York’s Irin Carmon noted at the time:
“It seemed obvious that only Roberts, who vainly tried to focus on the 15-week line even when everyone else made clear it was all or nothing, cares for such appearances. There had been some pre-argument rumblings that Barrett and Brett Kavanaugh might defect, perhaps forming a bloc with Roberts to find some middle ground as happened the last time the Court considered overturning Roe in 1992’s Planned Parenthood v. Casey. On Wednesday, neither Barrett nor Kavanaugh seemed inclined to disappoint the movement that put them on the Court.”
Still, the Casey precedent offered a shred of hope, since in that 1992 case some hard and imaginative work by Republican-appointed justices determined not to overturn Roe eventually flipped Justice Anthony Kennedy and dealt a devastating blow to the anti-abortion movement. Just prior to the May leak of Justice Samuel Alito’s draft majority opinion (which was very similar in every important respect to the final product), the Wall Street Journal nervously speculated that Roberts might be undermining conservative resolve on the Court, or change sides as he famously did in the Obamacare case.
In the wake of the leak there was some reporting that Roberts was indeed determined not to go whole hog in Dobbs; one theory about the leak was that it had been engineered to freeze the other conservatives (especially Justice Brett Kavanaugh, who during his confirmation hearings had said many things incompatible with a decision to reverse Roe entirely) before the chief justice could lure them to his side.
Now it appears Roberts tried and failed. His concurrence was a not terribly compelling plea for “judicial restraint” that left him alone on the polarized Court he allegedly leads:
“I would take a more measured course. I agree with the Court that the viability line established by Roe and Casey should be discarded under a straightforward stare decisis analysis. That line never made any sense. Our abortion precedents describe the right at issue as a woman’s right to choose to terminate her pregnancy. That right should therefore extend far enough to ensure a reasonable opportunity to choose, but need not extend any further certainly not all the way to viability.”
Roberts’s proposed “reasonable opportunity” standard is apparently of his own invention, and is obviously vague enough to allow him to green-light any abortion ban short of one that outlaws abortion from the moment of fertilization, though he does seem to think arbitrarily drawing a new line at the beginning of the second trimester of pregnancy might work. Roberts’s real motivation appears to be upholding the Court’s reputation for judiciousness, which is indeed about to take a beating:
“The Court’s decision to overrule Roe and Casey is a serious jolt to the legal system — regardless of how you view those cases. A narrower decision rejecting the misguided viability line would be markedly less unsettling, and nothing more is needed to decide this case.”
In his majority opinion (joined by Justices Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett, along with Kavanaugh) Alito seems to relish in mocking the unprincipled nature of the chief justice’s temporizing position:
“There are serious problems with this approach, and it is revealing that nothing like it was recommended by either party …
“The concurrence would do exactly what it criticizes Roe for doing: pulling “out of thin air” a test that “[n]o party or amicus asked the Court to adopt …
“The concurrence asserts that the viability line is separable from the constitutional right they recognized, and can therefore be “discarded” without disturbing any past precedent … That is simply incorrect.”
One has to wonder that if Merrick Garland had been allowed to join the Court in 2016, or if Amy Coney Barrett had not been rushed onto the Court in 2020, Robert’s split-the-differences approach eroding but not entirely abolishing the constitutional right to abortion might have carried the day in Dobbs. But that’s like speculating about where we would be had Donald Trump not become president in 2017 after promising conservatives the moon — and an end to Roe.
Schaller’s article is certainly provocative and his numbers are indeed “interesting.” In fact, one might say that this article shows the same attention to fact as his previous work. This is, after all, the same writer who stated on page 168 of his book “Whistling Past Dixe” that Mike Easley of North Carolina would face a tough re-election in 2008. Certainly true when one considers that re-election is impossible when Easley is term-limited from running again.
One of the interesting things about this article is that (different from his previous work) Schaller has expanded his target from the South (generally) and southern white males (particularly) to white males (generally). Of course, he does seem to make the assumption that most of “the down-home, blue-collar, white male voter” are Southern (or rural: he talks about Hillary Clinton dropping her G’s when speaking to southern or rural audiences).
Schaller does seem to still have his obsession with NASCAR — perhaps its a Schallersque code word for “southern.” I live in Charlotte, North Carolina (arguably the heart of NASCAR). I have never gone to a NASCAR race and have absolutely no interest in ever going to one.I do know this: the NASCAR marketing people equal or surpass any political demographic analysts around. That’s why I find it interesting that NASCAR moving from southern tracks to Schaller’s precious west and north.
In the Salon article, Schaller discusses Bob Graham’s sponsorship of a NASCAR team and its lack of effectiveness. He doesn’t mention Mark Warner’s NASCAR sponsorship in his governor’s race (although he does talk about it in other writings). He tries to have it both ways: NASCAR is the symbol of why Graham failed, but didn’t have anything to do with Warner’s success.
He doesn’t look at the difference in the nature of the races. Nobody knew who Mark Warner was. The use of NASCAR introduced him to Virginia’s voters as somebody who respected their history and didn’t mock who they are. Bob Graham was a known entity: NASCAR didn’t bring him anything.
But back to Schaller’s numbers (and I am going to accept his figures). Schaller says that 25% of Kerry’s vote in 2004 came from white males. Evidently because this percentage is significantly smaller than the percentage of white males who make up the total voters — paying attention to the total group is obviously a waste of time to Schaller.
But let us be honest here, Schaller is citing a crappy presidential campaign that failed to mobilize and convince a signifcant segment of voters. For that alone, Schaller believes the Democratic party should just ignore that segment in the future? Is it just me or is this muzzy minded in the extreme?
Schaller may have a point when it comes to presidential elections. The nature of the electoral college makes presidential electoral math significantly different from other races. Schaller — like most college professors — seems to think that presidential elections are all that matter.
He also seems to think (like a preponderance of Democrats) that policies are what motivates voters. And like most liberals he thinks that those policies should be driven top down. This leads to his assumption that going after the white male vote (southern or not) will result in the party endorsing policies that will alienate other groups(blacks, women, union members, etc) or at least impede efforts to grow party support among these groups.
The problem with Schaller’s views is that they are dead wrong. Schaller’s philosophy is the view of political elites (=policy wonks). While it is true that there are voters who vote based on a candiate’s stand on health care or civil rights or the death penalty, most voters make (1) their decision on whether to vote and (2) who to vote for based on their perception of the value a political candidate (or — more often — a political party) brings to them. These perceptions often are significantly different from those of the party elites.
Working on county or district levels, we find when we go out and actually canvass (not just lit drop) how different these perceptions are. We have worked with county party organizations — some in so-called bright red areas — to bring true constituent/party service to those voters who have not been voting. This has encouraged turnout and overwhelming support for Democrats. In other cases, we have successfuly switched voters that have been voting Republican because of wedge issues. How? By getting personal and showing them that Democrats understand the problems in their lives and will work to solve them.
The result has been signficant turn arounds in these areas and the turn arounds have included getting the votes of white, southern male (often rural) Democrats — and doing it without sacrificing the votes of other groups. This has helped the Democratic party take over county commissions, city council, mayor’s offices and legislatures.
These are the numbers that we find interesting. And we think that Nancy Pelosi and Harry Reid would agree with us. There are 29 southern white male members of the House of Representatives and three southern white male members of the Senate. Pelosi wouldn’t have been elected nor Reid Majority Leader without these men.
A lesson for those interested in a “Democratic Strategy” can be found in the 2006 election of one of those House members. Heath Shuler won not through support of conservatives or liberals, men or women, Caucasians or African-Americans. Heath Shuler won because Democrats in the North Carolina 11th District finally had enough of Charles Taylor and worked together — papering over significant disagreements on policy issues — to get out the vote for Shuer and maintain discipline to win.
We would think that consideration of a successful Democratic strategy might start there than with the provocation of “So Long, White Boy.”
Carl D. Clark
Jennifer Gullette
Southern Political Information Network
http://www.southernpolitics.net
Is it really necessary to note that the day after a presidential election the winner must spend the next four years actually attempting to run the country and that, for that task, winning a narrow victory on a sociologically polarized basis (the educated, minorities, single women etc. on the one hand, and a white-based “heartland” coalition on the other) is a recipe for political polarization and cultural conflict of Clinton impeachment-era dimentions (anyone remember the Militia movement of the 1990’s?).
It’s one thing to get stuck in a situation like that against one’s will, and quite another to positively seek and invite it. Mercenary “gun for hire” political consultants may not give a crap what happens the day after an election – to them, winning is indeed everything. But for anyone who visualizes their goal as achieving an enduring and stable democratic majority, throwing all the joe six-pack’s and their wives off the boat is downright nuts. Even if we didn’t need a decent chunk of their votes to win the election, which is highly dubious, we need a substantial number of them on our side to effectively govern.
Michael Moore made the same observation 10 years ago and it’s just as silly now as it was then.
The only reason to write off the white men who do vote Democrat is if you can gain more votes someplace else by doing so. As the article pointed out, 90+% African Americans already vote Democrat so we’re not likely to gain ground there. When it comes to other demographics, I’d be interested in hearing what issue (besided illegal immigration) people feel there is a real trade off and real ground to be gained by sacrificing the votes of white men and the votes of other groups.
More importantly, as 2000 taught us, the Presidential election is about the Electoral College and most of the non-white electorate lives in the proverbial “blue states” while the “red” and “purple” states are more heavilly white. Granted, population trends tell us that the Latino/Latina vote is growing quickly in the Southwest, but is gaining a better chance at winning Arizona and New Mexico really worth guaranteeing yourself loses in so much of the rest of the country?
I’m not arguing that Democrats should focus all their attention on the white male vote, I just think we should cautious around talk of ignoring any constituency.