This is in many respects the most ironic of American holidays (with the possible exception of the orgy of consumption commemorating the birth of that preeminent anti-consumer, Jesus Christ). Established to honor those fallen in war, Memorial Day has become a signpost to the advent of the langorous season of summer, marked by such un-martial and non-sacrificial past-times as beachcombing and barbecuing. Certainly some have argued that these activities are among the blessings of liberty and prosperity for which American soldiers, sailors, airmen and marines have sacrificed. But that’s too easy a rationalization, much like George W. Bush’s injunction after 9/11 that Americans could best fight terrorism by shopping and traveling.Many of us have reason on Memorial Day to remember family members of the distant or recent past who have died in combat. And all of us should spend at least a few moments thinking about the countless, often nameless young men (and increasingly, young women) who were sent into the shadow of the Valley of Death on our behalf, and never came back.But we should also think about the responsibility we have as citizens to make such journeys uneccesary: to create a world where young people don’t have to go into strange lands and enter the ultimate lottery of random injury and death, usually at the hands of enemies they hardly see.Those of us who are indifferent to politics and civic life should reflect on the simple fact that virtually every war reflects the failure of politics and civic life; the breakdown of peaceful arrangements painfully developed over time; and the incompetence or ideological excesses of politicians on one or both sides of most wars.I won’t go into a long history of modern wars, but think about this:The deadliest war in American history was the Civil War, which was touched off not by impersonal forces or irrepressible socio-cultural conflicts, but by the self-absorbed idiocy of a few hotheads in South Carolina, drunk on the prose of Sir Walter Scott, who dragged their region and ultimately their country into a battle over the doomed and evil institution of slavery.And the deadliest World War (at least for combatants), World War I, was a maddeningly pointless war caused by the incompetence of politicians and diplomats who developed a pattern of alliances that gave a handful of Serbian nationalists and Austrian militarists the ability to pull five continents into the trenches.The great military strategist Clausewitz once memorably defined war as “politics continued by other means.” A better definition would be that war is the failure of politics continued by other means.So as we honor those who have died for America in good and ambiguous wars, for clear and hazy purposes, let’s remember this: we owe each and every one of our fallen heroes, and those we place in harm’s way today, a politics aimed at making these sacrifices less numerous, and at reducing the sway of homicidal folly in the politics of every country on earth. That may well mean a more active and even militant U.S. foreign policy. But it definitely means we must, in honor of our heroes past, present and future, remain vigilant against the folly that great superpowers so often embrace.
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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.