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.
Speaking for the Illinois 10th, first term Congressman Mark Kirk would be the poster boy for Moderate Republicans. His equally centrist Democratic opponent 2 years ago, made them almost politically indistinguishable, in a close, but issues driven election.
This district is home to the affluent North Shore suburbs bordering Chicago, a natural constituent (and home to many employees) of the Chicago Tribune. Although the scandal torn state GOP is still under the ‘silent partner’ control of the Conservative wing – which solely can dictate the slating of Republican candidates – it is highly doubtful they would attempt to knock off Kirk in a primary, for obvious reasons.
Which poses a daunting dilemma for Democrats. They would be helped first, if they could possibly link Kirk in some way to the fringe element of the GOP, which is doubtful. Even if Kirk continues to support the Iraq Invasion, it is still not a liability. Because, many of these moneyed, Rockefeller Republicans held their noses and voted for Bush.
Which forces Dems to field a candidate with the gravitas of a Rahm Emmanuel, or dare I say, a Barack Obama.
By 2006, accountability will hopefully have caught up with the Bush administration, and some moderate Republicans may choose to insure he does no further damage by booting a likable sycophant.
History is important, but only to help learn what is needed to change the outcome the next time.
What you did in 2002 really isn’t that relevant if you want to win. Develop a new game plan. And start now to do what’s needed to win. I’m in MA and we’ve got a totally DEM Congressional delegation which is not at-risk for the foreseeable future. I’ve got the interest, motivation, and some resources, to direct toward turning Red House Districts Blue.
There must be hundreds of thousands of folks in the same situation. Mobilize them by turning each race into an Internet Drama.
I hate to say this, but the kind of thinking that you displayed in your post is what’s going to keep the DEMs in permanent minority status.
Stop playing Washington’s game and create a battle plan which can win in Iowa.
Iowa 1 and 2 will be in play only if the incumbents vacate the seats. Jim Nussle, House Budget Subcommittee chairman, is unbeatable–we took a shot at him in 2002, but didn’t even come close. He can bring home too much to the district, and he has a lot of support in the Dubuque area, where Dems would have to do well to win.
If Nussle leaves the House to run for Iowa governor in 2006, however, we would have a shot at that seat with the right candidate.
Iowa 2 is occupied by Jim Leach, one of the most liberal Republicans in the House (e.g. he has a pretty good environmental record, is pro-choice and voted against the Iraq War resolution). We took a shot at him in 2002 with a great candidate, but fell just short. He even carried the “People’s Republic of Johnson County,” home of Iowa City and the state’s most liberal voters. There are too many people who don’t understand that a vote for Leach is a vote for Tom DeLay running the House.
If Leach retires, this seat is very winnable–in fact, Dems would be favored given the way it is currently drawn. Otherwise, it will continue to be a heartbreaker.
It would be great to pick up one or both of these seats by 2010, because Iowa will lose a House seat and we need incumbents to have a prayer of winning one of the remaining four districts in the state.