Ring the town hall bell and sing a Te Deum: Tim Kaine soundly beat Jerry Kilgore in the Virginia governor’s race yesterday, and in the process showed that sometimes nice guys finish first. Sorry I’m posting a bit late this morning, but I was up until the wee hours savoring the county-by-county and city-by-city returns. And the outlines of the Kaine victory are very clear. Kilgore ran well ahead of 2001 GOP candidate Mark Early in southwest Virginia, in much of southside Virginia, and in the southern parts of the Shenandoah Valley. Yet Kaine ran ahead of Mark Warner’s winning 2001 performance just about everywhere else (the Richmond area, Hampton Roads, and Northern Virginia) and in the end, actually exceeded Warner’s statewide margin, beating Kilgore by nearly six percent. Aside from burying Jerry, Kaine’s big win buried a whole host of myths in ways that may reverberate nationally:1) The Myth of the GOP Turnout Machine: plenty of people, including a lot of Democrats, were nervous about Kaine’s small lead in the polls going into this election, on the theory that GOP superiority in the “ground game,” buttressed by its success in 2004, would lift Kilgore to victory. Didn’t happen. Turnout in heavily Republican areas was no higher than in heavily Democratic areas. And if the GOPers did indeed do a better job than Democrats in cherry-picking individual voters around the state, then there are a lot less of them than we realized.2) The Myth of Bush’s Power To Energize the Base: according to one popular theory, the Republican “conservative base,” excited about Bush’s flip-flop on the Supreme Court and his recent discovery of the idea of spending restraint, would snake-dance to the polls to congratulate him, especially after he zoomed into Richmond on the eve of the election to appear with ol’ Jerry. Again, it didn’t happen. If Bush’s presence was going to matter anywhere, it would have been in the key Richmond suburb of Chesterfied County, but as it transpires, Kilgore ran three points behind Early’s 2001 performance there. I somehow don’t think vulnerable Republican candidates in 2006 are going to line up outside the White House gates to demand Bush’s presence on the campaign trail. 3) The Myth of the Old Cultural Wedge Issues: 75% of Virginians favor capital punishment. Tim Kaine doesn’t, and hasn’t hidden it. It’s clear Virginia GOPers thought they’d be half-way to victory if they simply intoned “Death Penalty;” southern politicians simply don’t oppose it. Instead, the issue wound up hurting Kilgore more than Kaine. Now, that obviously doesn’t mean Democratic politicians should hasten to embrace unpopular positions on cultural issues, or minimize their potential impact. But it does mean a candidate can get away with an unpopular position if he or she is clear about it; bases the position on faith or other respected values; and exhibits a willingness to defer to majoritarian opinions. Kaine did all those things very effectively.4) The Myth of the New Cultural Wedge Issues: perhaps the single most important national consequence of the Kaine victory is that it may forestall a heavy emphasis by Republican candidates in 2006 and 2008 on immigrant-bashing themes. GOPers are flirting with this issue all over the South, and indeed, in every state where there are enough immigrants to be visible, but not enough to defend themselves politically. Down the stretch run, Jerry Kilgore’s campaign in Northern Virginia was all about immigration, focused relentlessly on the decision of a town in exurban Loudoun County to build a shelter for casual day laborers, most of them immigrants. But yesterday, Jerry got waxed all over Northern Virginia (where he was running even with Kaine in polls as recently as September). And most importantly, Kilgore lost Loudoun County by a 51-46 margin (Early beat Warner there 53-46) . Any Republican operative who believes this issue is an electoral silver bullet should take a long look at those results, and repent. 5) The Myth That Going Negative Always Works: this myth, beloved of campaign tacticians in both parties, took a big hit in Virginia yesterday. Recent polling (most notably in the Washington Post) showed that the tone of Kilgore’s campaign was turning off voters, even Republicans, and generating sympathy for Kaine. Yet Jerry pretty much stayed on the low road to the bitter end, providing connoisseurs of this sort of thing with an assortment of last-minute dirty tricks (fake brochures, fake “pro-Kaine” phone calls, etc.). And it’s this last factor that, for me at least, makes Kaine’s victory so very sweet. You could make a pretty good case that Jerry Kilgore would have won yesterday if he hadn’t gone negative on Kaine and introduced divisive cultural wedge issues. He had a geographical advantage, being from a region of the state that had been crucial to Mark Warner’s victory in 2001. He had a united party behind him. He was ahead in most of the polls right down to the last few weeks. With a lighter touch, he could have drawn attention to Kaine’s unpopular views on capital punishment and even exploited the immigration issue, while maintaining a positive campaign. But he and his handlers just couldn’t resist the opportunity to go medieval. Kilgore’s infamous death penalty ads achieved a sort of evil perfection in their shock value and production qualities. You can easily envision Jerry and a roomful of Young Republican rottweilers sitting around watching that first tape, and being overwhelmed by its “kill” potential.And that’s why in the end it was an election where the winner earned his victory, and the loser richly earned his defeat. God’s in His heaven, and all’s right with the world.
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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.