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.
Okay, let us have that “intra-progressive” debate then.
I’ll start. My fear is that the way this legislation is shaping up, it is going to turn out to be every bit as disastrous to individuals in need of health care as The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 — an abominable piece of legislation that turned out to be a gift to the credit card companies and a disaster, a complete disaster, for people who are burdened with massive unmanageable debt due to medical expenses, unemployment, or other unavoidable or avoidable losses. Remember Ted Kennedy offering amendment after amendment after amendment as he stood alone on the floor of the Senate attempting to mitigate the impending disaster this abomination visited upon ordinary Americans. The legislation turned out to be so disastrous for consumers that even the credit card and mortgage banking industries decided it was too much of a good thing.
Two things: have you actually done the math with respect to premiums and co-pays and how they would impact an individual’s actual take-home pay? I have, and I invite you to do it too. My math tells me that for someone earning in the neighborhood of $65,000 to $75,000 per year, with a chronic disease that needs consistent medical care, out-of-pocket expenses look to be in the neighborhood of $20-25,000 per year with the current Senate bill. Already Medicaid share-of-cost can be prohibitive in high-cost areas of the country. You think that is going to make people, i.e. voters, happy about health care reform?
Secondly, you can look to the experience in Massachusetts for how the current proposed model of HCR is going to work, and it isn’t very encouraging. Trudy Lieberman over at CJR has an exceptional series on HCR that explores the impact of the Massachusetts experiment here: Health Reform Lessons from Massachusetts, Part VII : CJR. I encourage you and your readers to read the whole series.
Let’s look at your priorities:
1) “covering most of the uninsured” — in my view, any program that will (affordably) cover most of the uninsured is the whole point. Of course, a public health insurance option is the best way of doing that; we cover most seniors with Medicare; we cover most poor children and pregnant women with medicaid, SCHIP covers most children of working families who earn less than 250% FPL. Fine, but the experiment in Massachusetts shows that even with a mandate, the private insurance industry cannot affordably cover “most” of the uninsured. Instead, they opt to pay the fine for not buying it.
2) “more important than the level of subsidies to make coverage practically affordable” — amusing that you use the term “practically affordable” — like in hand grenades, eh? Let me ask you, why do you think that high levels of subsidies to the private health insurance industry is more acceptable — or a better deal — than a competing public insurance program? The public insurance program is CHEAPER for individuals and in the aggregate than high levels of subsidies. Is the point to save the private health insurance industry? We’d be better off dumping pallets of cash in their lobbies, as we did for the banks. Please look at the Healthy Families program in California for a successful public health insurance program that works.
3) “more important than regulation to end highly discriminatory insurance practices” — if there is anything in the bill to support, it is this, of course. This kind of regulation is badly needed, let’s do it. Let’s do it as a health insurance regulatory bill, then. It would be easier to pass standing alone, wouldn’t it?
4) “more important than how and when health reform is phased in” — I suspect this is just a throw-in, this isn’t really an issue but just nuts and bolts. Do you really think that this particular issue should take priority over the actual nature of health care reform itself? To me, it is almost irrelevant as a substantive issue, and certainly should not take precedence as a priority over the actual reform. Please explain why you think that “how and when health reform is phased in” is more important than the issue of whether there is an alternative publicly funded health insurance program available for consumers of health care.
One additional point: Please give public option advocates credit for good will. I find it patently offensive that the “pass anything” crowd dismisses us as unthinking my-way-or-the-highway rigid ideologues. If you really want to have a debate, it helps to treat the other side as if their opinions are worthy of debate. We can surely disagree on the merits of this legislation without your side being so dismissively arrogant, I would hope.
Cheers.
The intra-progessive debate that needs to begin is about formulating a strategy to reduce the super-majority requirement in the Senate, just as that was the necessary condition for the Civil Rights era. The current 60 vote requirement for passage of anything important is a relic of the incomplete job done in the early 60s to pass civil rights legislation — before that the requirement was 66 votes! But as a nation, we really didn’t want Jim Crow forever.
Similarly, we don’t want the prejudices of 12 percent of the people in rural states to determine the direction of a rich, modern country, but that’s what the current 60 vote filibuster does.
How do we move to end this without destroying all checks on short term majority enthusiasms?