My colleague The Moose did a post this morning playing off fresh charges by the former deputy director of the White House Office of Faith-Based and Community Initiatives that the administration took the whole faith-based project about as seriously as, well, “compassionate conservatism” in general.But nestled in the post was another subject on which The Moose and I share a healthy obsession: the scheduled demise of the federal estate tax, a.k.a, in Republican-speak, the “death tax.”The Moose specifically proposed reinstating a reformed version of the estate tax and dedicating the money to a real faith-based initiative. But aside from that particular idea, I think Democrats, as a matter of basic principle, ought to single out the estate tax repeal as a Bush/GOP outrage that must not be allowed to stand.This happens to be one issue where the standard lefty critique of centrist Democrats has some merit. At some point during the 1990s, the GOPers did some focus groups and discovered that sizeable majorities of voters didn’t like the idea of family farmers and small business owners getting hit with high-rate federal inheritance taxes when they were struggling to keep the farm or business in the family for the next generation. They also discovered that calling the inheritance tax a “death tax” pushed even more buttons. Nothing excites Republicans more than finding an issue where they can simultaneously win votes and richly reward their richest constituencies. So not suprisingly, abolishing the “death tax” became a standard feature of GOP tax proposals in the Age of Newt, bearing poisonous fruit when Bush took office amidst spectacular budget surpluses and got the chance to cut taxes.A goodly number of Democrats–especially those from marginal and/or rural districts–saw those polls and just flat-out caved (for the record, the DLC never did so, and in fact made the “death tax repeal” an object of particular hostility and derision). In fact, other than the so-called “marriage penalty” adjustment, repeal of federal inheritance taxes probably got more Democratic support in Congress than any other feature of the Bush tax package. That was then. This is now. And now Democrats should seriously consider making opposition to a permanent “death tax repeal” a signature issue. Why? Well, for one thing, repealing inheritance taxes strikes at the very heart of a long–and until recently, bipartisan–American tradition of progressive taxation in which the burden of self-government falls on wealth as well as work. (As The Moose often points out, Teddy Roosevelt was the father of the federal estate tax). There are three ways to get very, very rich. One is to earn it with actual work (a rare but not impossible feat). A second is to earn it through investment income. And a third is to inherit it. (A fourth, I suppose, is to marry it, perhaps more than once, but we’re not talking about Sen. John Warner here). A broad-based tax system should not mysteriously exempt the third source of enormous wealth, especially since it is the one that rewards birth-status rather than effort or initiative or good judgment, and that serves virtually no economic purpose. Moreover, truly dangerous and immoral concentrations of wealth often take generations to accumulate, with inheritances serving as the crucial link between economically rational and irrational–indeed, anti-competitive–consolidations of market power. To put it another way, accepting the abolition of inheritance taxes makes any consistent and progressive fiscal philosophy incoherent. We’re gonna tax high earners and small investors, but not big fat trust fund babies? Oh, really? Aside from the principles involved, I am convinced Democrats can turn public opinion around on the estate tax. The extremist abolitionism of the GOP on this issue makes it easy for Democrats to be reasonable, in a way that’s far more difficult in the complicated world of marginal rates on income. For years, most Democrats have supported a reform of the federal estate tax that would raise the threshold for applying it high enough to exempt virtually every legitimate small family farm or small business, and perhaps even lower the rates, which are significantly higher than for corporate or personal incomes. That would essentially return the estate tax to a simple, progressive purpuse: a tax on the inheritence of very large personal fortunes–a “billionaire’s tax,” to demagogue it just a little, in the spirit of “death tax.” Let the GOPers defend that, for a change. Pivoting public opinion on inheritence taxes will require the kind of sustained, loud Democratic attention that is currently being paid to Social Security privatization. But it’s worth it, both morally and politically. Repealing the estate tax is a central pillar of the GOP’s plan to eventually shift the federal tax base entirely from wealth to work, with the goal of not only “starving the beast” of government, but of turning heavily taxed people of modest means into anti-tax zealots while solidifying the Republican Party’s iron pact with the most privileged and powerful economic interests in the country. So: if and when the Beast of Bush’s SocSec proposal is slain or at least firmly caged, I nominate “death to the death tax repeal” as a Big Fight worth having, and winning.
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Editor’s Corner
By Ed Kilgore
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May 3: Democrats Should Call Out Trump’s Big Lies on Abortion
Everyone knows that Donald Trump can’t be trusted on abortion policy (or many other things). But his particular lies on abortion are worth noting, as I explained at New York.
There is no exercise more exhausting and probably futile than examining a Donald Trump speech or social-media post for lies, half-truths, and incoherent self-contradictions. But it’s important on occasion to highlight some very big whoppers he tells that are central to his political strategy. It’s well known that Trump’s own position on abortion policy has wandered all over the map, and it’s plausible to suggest his approach is entirely transactional. Now that he’s staked out a “states’ rights” position on abortion that is designed to take a losing issue off the table in the 2024 presidential election, he’s telling two very specific lies to justify his latest flip-flop.
The first is his now-routine claim that “both sides” and even “legal scholars on both sides” of the abortion debate “agreed” that Roe v. Wade needed to be reversed, leaving abortion policy up to the states:
This claim was the centerpiece of Trump’s April 9 statement setting out his position on abortion for the 2024 general election, as CNN noted:
“In a video statement on abortion policy he posted on social media Monday, Trump said: ‘I was proudly the person responsible for the ending of something that all legal scholars, both sides, wanted and, in fact, demanded be ended: Roe v. Wade. They wanted it ended.’ Later in his statement, Trump said that since ‘we have abortion where everybody wanted it from a legal standpoint,’ states are free to determine their own abortion laws.”
This is clearly and demonstrably false. The three “legal experts” on the Supreme Court who passionately dissented from the decision to reverse Roe are just the tip of the iceberg of anguish over the defiance of precedent and ideological reasoning underlying Justice Samuel Alito in the majority opinion in Dobbs v. Jackson Women’s Health Organization. The Society of American Law Teachers immediately and definitively issued a “condemnation” of the Dobbs decision. When the case was being argued before the Supreme Court, the American Bar Association filed an amicus brief arguing the constitutional doctrine of stare decisis required that Roe be left in place. None of these views were novel. Back in 1989 when an earlier threat to abortion rights had emerged, 885 law professors signed onto a brief defending Roe.
Sure, there was a tiny minority of “pro-choice, anti-Roe” liberals over the years who claimed resentment of the power of the unelected judges who decided Roe would eventually threaten abortion rights (not as much, it turns out, as the unelected judges that decided Dobbs). And yes, there have always been progressive critics (notably Justice Ruth Bader Ginsburg) of the particular reasoning in the original Roe decision, but by no means have any of them (particularly Ginsburg) favored abandoning the federal constitutional right to abortion even if they supported a different constitutional basis for that right. So Trump’s claim is grossly nonfactual and is indeed not one that any self-respecting conservative fan of Dobbs would ever make.
The second big lie that Trump has formulated to defend his latest states’-rights position is that he’s just supporting the age-old Republican stance on the subject, as he has just asserted at Truth Social:
“Sending this Issue back to the States was the Policy of the Republican Party and Conservatives for over 50 years, due to States’ Rights and 10th Amendment, and only happened because of the Justices I proudly Nominated and got Confirmed.”
Yes, of course a growing majority of Republicans have favored reversal of Roe as a way station to a nationwide ban on abortion, but not as an end in itself. The GOP first came out for a federal constitutional amendment to ban abortion from sea to shining sea in its 1980 party platform, and every single Republican presidential nominee since then has backed the idea. There have been disagreements as to whether such a constitutional amendment should include exceptions for pregnancies caused by rape or incest. But the last GOP presidential nominee to share Trump’s position that the states should be the final arbiter of abortion policy was Gerald R. Ford in 1976, as the New York Times reported at the time:
“[Ford] said that as President he must enforce the 1973 Supreme Court ruling that forbids states to ban abortions. But he has come out in favor of a constitutional amendment that would overturn that ruling and return to the states the option of drawing up their own abortion laws.”
Ronald Reagan, who challenged Ford’s nomination in 1976 and was already a proponent of a “pro-life” constitutional amendment, and the GOP formally adopted that position in 1980; four years later, it adopted its long-standing proposal that by constitutional amendment or by a judicial ruling the protection of fetal life under the 14th Amendment should be recognized and imposed on the country regardless of what states wanted. Anti-abortion leader Marjorie Dannenfelser noted this well-known history in a not-so-subtle rebuke to Trump’s revisionist history, as NBC News reported:
“’Since 1984, the GOP platform has affirmed that 14th Amendment protections apply to unborn babies and endorsed congressional action to clarify this fact through legislation,’ Marjorie Dannenfelser, the president of Susan B. Anthony Pro-Life America, said in a statement to NBC News. ‘Republicans led the charge to outlaw barbaric partial-birth abortions federally, and both chambers have voted multiple times to limit painful late-term abortion. The Senate voted on this most recently in 2020. In January 2023, House Republicans also voted to protect infants born alive during an abortion.’”
It’s pretty clear that anti-abortion activists know Trump is lying about both Roe v. Wade and the GOP tradition and will support him anyway. But the rest of us should take due notice that the once and perhaps future president’s word on this subject, including his current pledge to leave abortion policy to the states, cannot be trusted for even a moment. Absent the abolition of the Senate filibuster (which, lest we forget, Trump backed as president out of impatience with the Senate’s refusal to bend the knee to his every demand), there isn’t going to be a complete federal ban on abortion in the foreseeable future. But Trump can be counted on to use the powers of the presidency to make life miserable for women needing abortion services, among the many “enemies of the people” he wants to punish.