With so much else going on, I’ve neglected to blog about the gubernatorial race–one of two in this off-year–in Virginia, featuring Democrat Tim Kaine and a Republican with the unfortunate surname of (Jerry) Kilgore.The race is now heating up and heading into the home stretch. And the dynamics are very interesting. Virginia is a state with a small but significant built-in Republican advantage in statewide races. Yet incumbent, term-limited Democratic Governor Mark Warner is extremely popular, and George W. Bush’s approval ratings here have dropped well below 50 percent.Both gubernatorial candidates have notable strengths and weaknesses. Lt. Gov. Kaine is a former Richmond mayor and one-time civil rights lawyer–not the best biography for a statewide candidate in Virginia. Moreover, he’s a “seamless garment” Catholic who opposes both abortion and the death penalty, though he’s repeatedly pledged to enforce existing laws on both topics. Kaine is also very smart, very disciplined, and has pretty much run circles around Jerry Kilgore on the few occasions when the Republican has agreed to debate. He’s come up with a credible proposal for holding down property taxes (skyrocketing in the D.C. suburbs of northern Virginia), and is now accentuating a plan for universal access to pre-K education. And most of all, Kaine will benefit from support from Warner, who is expected to expend some serious political capital on his preferred successor down the stretch.Kilgore is firmly aligned with the anti-tax, Christian Right faction of the Virginia GOP, which has seen better days, but is still capable of delivering a virtually uncontested nomination. His main strength (other than a pretty-boy appearance and an ability to cheerfully perform every inane campaign stunt in the books) is his base in southwest Virginia, a normally Republican region that Warner carried in 2001. The wild card in the race is independent Russell Potts, a renegade Republican state senator from the Shenandoah Valley who supported Warner’s budget and tax deal, and is basically running to Kaine’s left on taxes and abortion. Despite intensive efforts by the Washington Post editorial page to hype his candidacy (the Post is strangely angry at Kaine for not supporting another major tax increase to deal with traffic congestion), Potts doesn’t seem to be catching on. The two major candidates are evenly matched financially, and in terms of national support. A poll by the Post released last weekend confirmed the conventional wisdom of the race by showing Kilgore up over Kaine by a small but statistically significant 4 percent (7 percent among likely voters), with Potts getting about 5 percent, and 9 percent still undecided. Nearly half of voters indicated their preferences were fluid, and name ID for both candidates was surprisingly low, given their recent ubiquity. The regional breakdown of the poll showed Kilgore with big leads in the three most conservative regions of the state–Southside, the Valley, and Southwest Virginia–and Kaine ahead in Central Virginia and Hampton Roads. If there was a surprise in the poll, it was that Kilgore is running nearly even with Kaine in Northern Virginia, mainly due to big margins in the exurbs. This showing may be attributable to Kilgore’s noisily abrasive exploitation of an immigration controversy in the area, where local officials approved a publicly financed gathering site for day laborers, often new immigrants from Central America. Aside from the usual conservative line about immigration enforcement, Kilgore has luridly suggested links between Hispanic gangs and al Qaeda. No kidding.The same poll showed Warner is the most popular politician in the state, and also showed heavy support for Kaine’s pre-K proposal.To the extent that Kilgore’s lead depends on a generic Republican advantage in the Commonwealth, the recent troubles of the Bush administration, and the likelihood that late-deciding voters may treat the election as in part a national referendum, are potentially bad news for this most generic of GOP conservatives. There’s also a statewide-televised candidate debate on tap in early October, which could accentuate Kaine’s verbal and intellectual advantage.The crucial X-factor in this race may well be Mark Warner. It’s no secret he is considering a presidential race in 2008. And while potential presidential primary voters won’t care about what happens in the contest to succeed him in Virginia, Warner’s already formidable insider reputation for political skill would definitely be enhanced if he succeeds in helping Kaine pull off a come-from-behind victory. Whatever happens, people outside Virginia are likely to view this election in the context of national politics; with Jon Corzine now almost certain to romp in the other off-year gubernatorial election in New Jersey, Virginia’s contest will determine whether Democrats achieve a portentous sweep or an ambiguous split.For those of us who live in the Commonwealth, the stakes are higher: will we continue Warner’s remarkable record of accomplishment, or go back to the days when GOP governors seemed determined to make Virginia a laboratory for bad, mean-spirited and deficit-ridden government? For me, of course, this is really personal. As a resident of Virginia, I just don’t want to spend the next four years explaining that I am neither biologically or politically related to Jerry Kilgore. Please help me, my fellow citizens.
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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.