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.
“Liar, Krugman of NYT, blasts McCain With the Truth”
http://www.dailykos.com/story/2008/9/12/01115/6334/278/595686
Republicans Hijacked 911, by Keith Olberman, Courage to Speak Truth!
http://www.jedreport.com/2008/09/special-commen…
How many more Journalists & Reporters will show courage and begin to do their duty and Inform the public as to truth and falsity? We should never again be lied into a False & Phony war by a President you want to have a beer with! Republicans strong on National Security? I don’t think so, after all 911 happened on their watch, but they have been allowed to distort the facts and public perception that it is the Democrats who are weak on national security! They have failed to properly enact the 911 Commissions recommendations which would make us a lot safer! Politicans who willfully and intentionally lie to the public are engaged in a betrayal of the public trust and such distortion should be deemed unethical and in some cases, criminal! We need a Media to be the third-wheel of democracy again and not a parrot of those who are corrupt, unless they are corrupt too!
Republicans are just as dismal on economics. It is an outrage or should be that the government can give millions of dollars to CEO’s from the failed Fannie Mae & Freddie Mac and yet, cannot give a second stimulus check to American citizens in these hard economic times? Republicans say No to a second stimulus while the Democrats say Yes to a second stimulus! Is the Republican Congress working for CEO’s or are they working for you, the people? We need a Government and a Congress to work for the People, not lie to the people, not bail out their own special interest groups and leave the people hanging. We need a government to put the burden of taxes on the rich where they belong and stop putting the tax burdens on the middle class and poor, those who can least afford it. We need a government who will put money into education and make that a national priority again, both lower and higher education and give more Pell Grants and less loans so that young people can once again achieve a higher education, get a good job and lift everybody up out of poverty. We need action and not more spin, talk and lies. We need a Congress who will vote Yes to bridges, roads, schools, health care. Who will invest in America and not in Iraq and in themselves and their special interest groups. America is dying. We need Change!
And we need to play just as dirty in order to win, or we will fall back into out usual form..that of losers.
The moment McCain clearly pulled into the lead in the Republican primaries last winter there were three predictions that could be made with absolute certainty.
1. That McCain’s unique biography would have tremendous appeal for those voters who didn’t know his history and choose their candidate based on personality rather than positions on major issues.
2. That, if a “high road” campaign did not seem to be doing the job by summer, Bush-Rove operatives would be called in to run a nasty, “swift-boat” style media campaign for the fall.
3. That religious and cultural conservatives would be extremely unhappy and unenthusiastic with McCain as the candidate but – recognizing the huge threat posed by Democratic victory – – would somehow rationalize a way to actively support him after the conventions.
Seen in this light, the only real surprises in this campaign have been (1) that Obama actually proved himself to be extraordinarily compelling and attractive as a candidate and orator – much more than anyone anticipated last February – and (2) that John McCain found a Vice-Presidential choice who is every bit as “rock star” mediagenic and attractive to her natural conservative audience as Obama is to his.
Now sure, it would have been lovely if McCain had continued to run a lackluster campaign, chose a conventional and very boring vice-president, refused to go nasty and negative and continued to reject the religious and cultural conservatives as “agents of intolerance” – but was there really any reason to think this would actually happen?
Not a chance. After a very slow start, the Republicans are just reverting back to form – avoiding the issues, blatantly lying about their opponents, appealing to “Us vs. Them” rhetoric and stereotypes.
Let’s face it, aren’t these the tactics and isn’t this the battle we knew we’d be in from the very beginning.
Yeah it’s ugly, but it isn’t a surprise.