In the wake of yet another pro-choice ballot measure victory in Ohio, I offered some thoughts at New York:

During the half-century when Roe v. Wade was law, anti-abortion advocates and their Republican allies frequently complained that the right of “the people” to determine abortion policy had been stolen by the unelected Supreme Court. It became a classic “wedge issue” benefiting the GOP, as frustrated traditionalist Catholics and conservative Evangelical Protestants left the Democratic Party in droves, providing votes and grassroots muscle to the GOP for decades. This legacy culminated in the devil’s bargain that cultural conservatives struck with Donald Trump in 2016.

Well, in the 13 months since the newly reactionary Supreme Court created by Trump reversed Roe and “the people” regained that right (which in reality meant the right to deny other people reproductive rights), voters in red and blue states alike have wherever possible used this freedom to restore the rights the courts and Republican legislators have sought to steal. It happened again on Tuesday in Ohio, the Republican-trending former battleground state where voters decisively rejected a sneaky GOP bid to make it harder to write abortion rights into the state’s constitution through a ballot initiative in November.

This is the seventh statewide abortion-ballot measure since Roe was reversed, and pro-choice forces have won every one of them, even in conservative states like Kansas, Kentucky, Montana, and now Ohio. When Ohio voters (more than likely) enact the constitutional amendment Republicans failed to block, the tally will be 8–0. And in 2024, voters in at least seven other states will decide on measures to protect or deny abortion rights.

If the rout continues, giving “the people” control over abortion policy may be quite the pyrrhic victory for the anti-abortion movement and even more so for the GOP whose electoral fortunes could be caught in the powerful backlash to Roe’s reversal. That backlash is already the prime suspect in the disappointing 2022 midterm results for Republicans who expected a “red wave” that never quite materialized. But the depth and breadth of popular commitment to abortion rights going into what may be an apocalyptic 2024 presidential cycle remains significantly unclear.

It should be understood, however, that the option of using “direct democracy” to restore abortion rights via citizen-initiated constitutional amendments that circumvent Republican legislators (as has now happened in both Michigan and Ohio) is available only in a total of 16 states. Voters may also fight back in cases where GOP lawmakers are trying to abolish state constitutional abortion rights that have been recognized by state courts and need voter ratification of their handiwork (that’s what happened in 2022 in Kansas and Kentucky). But to a significant extent, the fate of the right to choose in many politically contested states will continue to depend on partisan control of major offices, including legislative chambers, governorships, and in some cases elected judges. And that’s aside from the power of Congress to preempt state abortion laws if one party or the other secures a trifecta and can overcome a Senate filibuster. So even in states with no abortion ballot test on tap in 2024, the subject will very much be on the ballot via the two polarized pro-choice and anti-abortion major parties.

The pro-choice state-ballot-measure winning streak, the impact of the subject on key 2022 races, and bountiful polling showing pro-choice majorities in all but the most conservative corners of the country have combined to convince many Republican operatives and even elected officials that the subject is a loser for the GOP. When Donald Trump said just that at the beginning of 2023, it produced a lot of consternation among anti-abortion advocates who had previously adored him for his successfully redeemed promise to appoint justices who would overturn Roe. The Ohio results will convince even more Republicans that the 45th president was right. Perhaps they will even whisper to their abortion-obsessed allies in and beyond religious conservative circles to show some patience, keep their mouths shut, and help the GOP obtain enough power to give their friends what they want when political conditions are more favorable.

But now that Roe is gone, abortion politics is a 24/7 business, and anti-abortion activists are out of patience; that’s particularly true among the newer and more militant organizations like Susan B. Anthony Pro-Life America and Students for Life. They are eager to use the competitive Republican presidential-nomination contest to increase, not hide, their leverage over the GOP, and Trump’s candid remarks on abortion politics have encouraged his rivals to pledge greater allegiance to the cause. Mike Pence and Tim Scott have both leapt to embrace the hard-core position of favoring a national six-week abortion ban. Ron DeSantis has punctuated his effort to run to Trump’s right by bragging to Iowans about the six-week ban (deemed “too harsh” by Trump) he signed in Florida.

It’s possible Trump will cruise to the nomination without renewing the vows underlying his marriage of convenience to the anti-abortion movement, and abortion will recede as a 2024 campaign issue. But national Democrats, who know a good wedge issue when they see one, almost certainly won’t let general-election voters who is pledged to protect abortion rights and who has worked hard to abolish them. We don’t have a partisan breakdown of the vote from Ohio (the state does not have voter registration by party), but there were clear indications the “No on Issue 1” coalition included quite a few Republican voters, as did the similar pro-choice coalitions in other states with previous abortion-ballot measures. The Washington Post’s Philip Bump has presented county-level data comparing 2020 partisan-vote margins to abortion-ballot measures in Ohio and five other states (California, Kansas, Kentucky, Michigan, and Montana) and the results are striking:

“In Ohio, about one-fifth of counties that voted for Trump in 2020 opposed Issue 1. The same pattern held in the six states included above. Of the 510 counties included in the analysis, only two counties that voted for Biden in 2020 also opposed access to abortion. Among Trump-voting counties, 81 supported that access.

“To use the parlance of political observers, abortion, particularly when presented to voters directly, is an effective wedge issue for the left.”

In a hypothetical Biden-Trump general-election rematch, a significant number of anti-Trump Republicans and Republican-leaning independents will be under pressure to defect to Biden, as a decent number did in 2020. Abandoned pro-choice swing voters of every background will have another reason to conduct their own protest against the GOP, or at least split their tickets.

The prominence of the issue will be enhanced in the media and the minds of voters by conspicuous abortion-rights ballot measures that will face 2024 voters in DeSantis’s Florida, and perhaps in ultra-battleground Arizona. It’s a bad look for today’s allegedly populist, anti-elite GOP to deny people fundamental rights or even the power to determine policies affecting their fundamental rights. Abortion rights could be the populist cause of the next decade or so. That’s a real problem for Republicans.

The clumsiness Ron DeSantis is exhibiting in the 2024 Republican presidential contest is most evident on the fraught cultural issue of abortion, as I explained at New York:

It used to be abortion politics were pretty easy to navigate for GOP pols. Nearly all favored a reversal of Roe v. Wade and demagogued about rare (and usually medically necessary) late-term abortions. Many walked on the wild side and favored fetal “personhood” laws and other total bans that affected not only abortion but contraception; outside the ever-attentive ranks of anti-abortion activists, nobody much cared what these pols advocated. After all, Roe protected pre-viability abortions from sea to shining sea as a matter of federal constitutional law.

When the U.S. Supreme Court overturned Roe in June of last year, it was a huge victory for the anti-abortion movement and, in theory, for its GOP allies. But it has created new and difficult choices for Republican politicians, notably RDS.

When SCOTUS was deliberating over what would became the fatal opinion in Dobbs v. Jackson Women’s Health Organization, based on a challenge from Mississippi, the Republican-controlled legislature in Florida enacted, and DeSantis signed, a copycat law, banning abortion after 15 weeks of pregnancy. Nobody knew for sure at that point exactly what SCOTUS would do; the leak of Justice Samuel Alito’s majority opinion was a few weeks away. But DeSantis associated himself with a cruel (and unpopular) approach with no exceptions for pregnancies caused by rape or incest.

Post-Dobbs, as DeSantis prepared to run for president, the Florida law, obnoxious as it was, became conspicuously modest as compared to the total and near-total bans being enacted by Republicans in other southern states. But at the same time, the backlash to the abolition of abortion rights grew intense almost everywhere, playing a big role in the underwhelming GOP performance in the 2022 midterms. So DeSantis characteristically played it both ways: He welcomed a six-week ban, but he signed it in the dead of night, and for a good while (even at the Christian right bastion of Liberty University) wouldn’t talk about it.

That changed when the DeSantis presidential campaign became focused on Iowa and its extremely powerful conservative Evangelical–anti-abortion constituency, whose leaders were offended by Donald Trump’s public remarks describing abortion as a loser of an issue, even as he refused to back any particular post-Dobbs abortion laws. Meanwhile, influential Iowa governor Kim Reynolds signed her own six-week ban (which is currently held up in the courts), and it began to look like DeSantis had gotten it right, at least for the GOP primaries.

But no, as Politico reported this week:

“The nation’s leading anti-abortion group on Monday called Gov. Ron DeSantis’ failure to support federal abortion restrictions ‘unacceptable’ — a blow for the Florida Republican, who has passed one of the most restrictive abortion laws in the country.

“Susan B. Anthony Pro-Life America was responding to DeSantis’ recent interview with conservative commentator Megyn Kelly, in which the governor said abortion policy would be best decided by the states.”

Like several other Republican presidential candidates (notably Trump and Nikki Haley), DeSantis had for months bobbed and weaved and avoided taking a firm position on the prospect of a federal abortion ban that would override state laws, even though the more strident anti-abortion groups like SBA had made a 15-week national ban a litmus test for those seeking their support. But Kelly pinned him down, and DeSantis decided alarming blue-state Americans by threatening state-protected abortion rights wouldn’t be terribly prudent, all the more because the Senate filibuster makes a federal abortion ban inconceivable in the immediate future, as he pointed out.

The SBA group’s president Marjorie Dannenfelser wasn’t having any of it, Politico noted:

“‘Gov. DeSantis’s dismissal of this task is unacceptable to pro-life voters,’ Dannenfelser said. ‘A consensus is already formed. Intensity for it is palpable and measurable. There are many pressing legislative issues for which Congress does not have the votes at the moment, but that is not a reason for a strong leader to back away from the fight.’”

Mike Pence and Tim Scott have signed onto the national ban, leaving DeSantis in a conspicuous spotlight as the advocate of an extremist position on abortion who’s under attack for not wanting to impose his extremist position on all 50 states, at least right away. He’s probably lost any advantage over Trump (already beloved of the anti-abortion movement because he kept his promise to get Roe reversed) on the abortion policy that he might have held or imagined. But the candidate who keeps pledging to make America a jumbo-size replica of Florida cannot run away from the fact that his own state’s citizens are being denied reproductive rights altogether.

The political impact of the new felony criminal indictment of Donald Trump could be both massive and complicated. But one thing it will do for sure is keep the 2020 election in view, as I noted at New York:

It’s easy to conflate all of Donald Trump’s legal problems into an undifferentiated blur of litigation serving as a sideshow to his 2024 comeback effort. But it’s important to recognize that the latest indictment from special counsel Jack Smith won’t just serve as a distraction for Trump and other candidates running for president. It will inevitably focus the intraparty and interparty debate already underway on the events of the last presidential election, a dynamic that will only intensify once the expected indictment of Trump under Georgia state law for election interference activities drops in Atlanta any day now.

It is almost impossible to overstate how much this development plays into Trump’s reelection strategy. From the get-go, the 45th president has made his 2024 campaign a vengeance-and-redemption tour based on his contention that Democrats “rigged” the 2020 election and subsequently conspired to waylay his career with an impeachment, the January 6 committee investigation, and multiple civil and criminal proceedings. In various ways, other Republican candidates and opinion leaders have sought to convince their voters to “move on” to a campaign based on negative characterizations of Joe Biden, his “far left” party, his economic and fiscal record, and his age and alleged disabilities.

But now there’s no “moving on” from the events of 2020 in all their wildly improbable trajectory culminating in the January 6 Capitol riot. The pathetic reaction of top Trump rival Ron DeSantis to the latest indictment — basically offering to save Trump’s freedom by wrecking the federal law enforcement system — shows how everyone other than the former president has lost control of the 2024 narrative. The sheer weight of Trump’s upcoming trials on the nomination-contest calendar will force his rivals to adjust the pace and direction of their campaign activities as well, even as they chase the man dominating the political landscape from a great distance.

That’s true, in a different sort of way, for Biden and other Democrats. The new indictment (which, again, will be echoed by the impending Georgia indictment) doesn’t involve some arcane matter like presidential records or some prepresidential or non-presidential Trump misconduct. It focuses on events virtually all Americans read and watched and heard about in great detail as they unfolded. Given the lens of partisan polarization through which the prosecution will be viewed, Team Biden will need to make a persuasive case to a narrow band of swing voters that Trump is the villain of the story and a criminal who must be kept from regaining power lest his crimes bear fruit. And if Trump is indeed the GOP nominee and the general election is as close as it appears to be right now, then Democrats will without question make their crucial voter mobilization efforts turn on characterizations of Trump and his cronies and allies as threats to democracy and the rule of law.

All roads lead right back to the crucial days between the wee hours of November 4, 2020, when Trump falsely declared victory, and January 6, 2021, when his election coup finally failed.

This is the ground on which Trump has always wanted to wage his 2024 election battle, from the day last fall when he announced his comeback bid as an effort to resume his interrupted presidency. If he loses this election or his freedom, it will be entirely his own doing.

Like most Democrats, I’m annoyed by Republican pols who brag they will kick our butts in a general election. I’m glad to report the most annoying braggart of them all, Ron DeSantis, has been getting his comeuppance, as I noted at New York:

As Ron DeSantis tries to catch up to Republican presidential primary front-runner Donald Trump, the Florida governor’s campaign has been making aggressive assertions that he has an advantage in terms of his “electability” against Joe Biden. The case for DeSantis being the better Republican general-election candidate has had less to do with any direct evidence than with the fading memories of his strong reelection performance in 2022, compared to the mixed results of Trump-endorsed midterms candidates and, of course, his loss to Biden in 2020.

But truth be told, a lot of DeSantis’s electability claims are more about Republican voters’ presumed lack of trust in Trump, which isn’t all that well established. In fact, a new Monmouth survey of Republicans shows Trump has an electability advantage over DeSantis. It’s not even very close. If you directly ask Republicans which candidate is stronger against Biden, Trump wins pretty clearly:

“Regardless of whether you currently support Donald Trump, which of the following statements comes closest to your view about which Republican has the best chance to win in 2024.”

Forty-five percent said Trump was definitely stronger and another 24 percent said Trump was probably stronger. Only 13 percent said any other Republican is definitely stronger, and 18 percent said some other Republican is probably stronger. Directly comparing Trump and DeSantis, 47 percent said the Florida governor was weaker than the former president; 22 percent said he was stronger.

It’s not just Monmouth showing DeSantis’s loss of an electability advantage (if he ever had one). As the Washington Post’s Aaron Blake notes, this problem shows up in early state polls as well:

“Fox Business polls in the key primary states of Iowa and South Carolina tell the same tale.

“In Iowa, 45 percent said Trump would be the most likely to defeat Biden, while 23 percent picked DeSantis. And in South Carolina, Trump’s edge on this measure was threefold: 51 percent to 17 percent.”

In recent weeks, DeSantis has deemphasized the argument that he’s more appealing to swing voters and instead focused on out-Trumping Trump by running to his right on immigration, crime, COVID-19, and federal spending. It’s possible he’s abandoning his once-obsessive electability pitch altogether and is going after hard-core “very conservative” and/or ultra-MAGA voters. Some right-wing Republicans believe, improbably, that swing voters actually want stridently ideological candidates rather than any sort of squishy centrists. And in the end, a candidate can’t win the general election at all without winning the nomination. More likely, Team DeSantis is going after today’s Trump voters by abandoning anything like moderation and perhaps making electability an afterthought. It’s a good way to make yourself unelectable altogether.

As a political history fanatic, I quickly read and then wrote about this history-based insight on 2024 at New York:

There isn’t much question that the likeliest scenario for the 2024 presidential election will be a rematch between 2020 winner Joe Biden and 2020 loser Donald Trump. Allegedly, this is a pairing most Americans don’t want (it’s actually a bit hard to tell since Democrats nearly all despise Trump and Republicans nearly all despise Biden, meaning a “rematch” begins by displeasing half of the electorate). But the polls show Biden crushing Robert Kennedy Jr. and Marianne Williamson in the primary and Trump far ahead of 12 intraparty opponents, so anything other than a rematch would be quite a surprise.

But Biden vs. Trump: Part II will not simply be a replay of the 2020 election. Most obviously, conditions in the country have changed with the winding down of the COVID-19 pandemic and the winding up of the economy, along with renewed Russian aggression against Ukraine and all the partisan controversies that have accompanied this latest phase of divided U.S. government.

Perhaps most important, there will be a new incumbent president on the ballot in 2024. But as Jonathan V. Last observes, Biden won’t be the only president on the ballot if Trump wins the GOP nomination:

“No one living has seen an election in which two presidents have run against one another.

“And that changes everything …

“One of the (many) advantages an incumbent president has is that he has proven that he can do the job.

“This sword has two edges: An incumbent’s presidential record can be attacked. Some voters may like it. Some may not. But at the lizard-brain level, they have all seen him sitting at the big desk in the Oval. They know what he looks like as president.

“At the risk of stating the obvious: Joe Biden is president of the United States. Donald Trump used to be president of the United States.”

So in a Biden-Trump rematch, both candidates will have already passed the plausible-president threshold, and both have a recent presidential record to defend. As Last points out, this hasn’t happened since 1892, when former president Grover Cleveland faced incumbent president Benjamin Harrison, who had narrowly defeated Cleveland (while losing the popular vote) four years earlier. Then as now, the rematches came in an extended period of closely contested presidential elections. Then as now, the electorate knew both candidates very well.

But there are some big differences between the 19th-century and 21st-century rematches. For one thing, Harrison’s 1892 defeat was preceded by a financial panic and recession that cost his Republican Party an incredible 93 House seats (out of a total of 332) in the 1890 midterms. The 2022 midterms, by contrast, were a near dead heat with modest Republican gains in the House. But the even bigger difference is that the Cleveland-Harrison transition in 1889 was peaceful. The 2021 transition was perpetually contested by the loser and eventually by a mob that invaded Congress and tried to stop the final certification of the winner. Indeed, those events are an important — to many voters, a central — part of Trump’s record as an incumbent.

The horrific culmination of the first Biden-Trump election has frozen the vast majority of partisans in place as a rematch approaches, with most Democrats regarding Trump as a lawless rogue who had to be impeached twice, and most Republicans regarding Biden as a usurper who stole the White House from its rightful occupant. Conversely, most Republicans view the Trump administration as an era of peace and prosperity, while most Democrats view the Biden administration as a return to normalcy and constitutional governance. It’s unclear how many voters will engage in any judicious comparison of the records of the two presidents, and it’s entirely possible the result will be determined by voters who must decide which of them they dislike the least.

But beware of anyone telling you there is some infallible historical precedent governing a 2024 rematch. As has been so often the case since Trump won the 2016 election in an upset that overturned previous infallible historical precedents, we’re in unexplored political territory.