Following Up: Podcast Now On-Line of TNT Radio Interview

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abortion, China, conservatism, culture wars, election 2022, electric vehicles, energy, Europe, Following Up, gay marriage, inflation, left-wing authoritarianism, midterms 2022, migrants, national conservatism, National Conservatism Conference, national security, politics, Sanctuary Cities, The Hrjove Moric Show, TNT Radio, Trade, Ukraine War

I’m pleased to announce that the podcast is now on-line of my appearance Tuesday night on “The Hrvoje Moric Show” on the internet network TNT Radio. Click here for a timely discussion on the future of American conservatism, on the culture wars that should and shouldn’t be fought, and a on a wide range of other domestic and international subjects, both strategic and economic.

And keep checking in with RealityChek for news of upcoming media appearances and other developments.

Im-Politic: A New, Promising but Still Flawed Form of Conservatism

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abortion, America First, China, Christianity, conservatism, crime, culture wars, Dobbs v. Jackson Women's Health Organization, education, family policy, foreign policy, identity politics, Im-Politic, Immigration, industrial policy, inflation, national conservatism, politics, religion, Roe vs. Wade, sovereignty, Supreme Court, Trade, wokeness

Don’t get me wrong. It’s not like I’m not grateful to have been invited to last week’s third National Conservatism Conference. The interest displayed by this crowd in economic policy ideas that depart dramatically from the right-of-center’s longstanding free market dogmatism was especially gratifying, and there was no shortage of thought-provoking and compelling speakers.

It’s just that my four days at the session left me unconvinced that National Conservatism as it presently seems to be constituted can create or contribute to a winning American political coalition. The main problem: Most of those spearheading the drive to establish National Conservatism as a major national force haven’t recognized which culture wars they should be fighting, and which they shouldn’t — and how this failure to discriminate is endangering other objectives that the movement (and others) rightly deem crucial.  In fact, unhappiness expressed to me by more than a few conference attendees with the stances on social and cultural issues taken by those putative leaders make me skeptical that it’s a movement yet to begin with – or can be if their vision prevails.

The economic dimension of national conservatism, at least judging by the presentations and hallway conversations, is not only politically astute; it’s substantively sound. All the speakers who addressed these issues – including such nationally prominent figures like Florida Governor Ron DeSantis, and the state’s Republican Senators Marco Rubio and Rick Scott (the event was held in Miami) supported smarter, more restrictive trade and other economic policies (especially toward China), reduced immigration inflows and genuine border security, and federal policies to promote strategically important industries and to ease economic pressures on the middle and working classes.

The same goes for National Conservatism’s critique of the overly, and often recklessly, adventurist foreign policies pursued by the mainstreams of both major political parties for decades.

But the conference organizers and another set of speakers seem wed to other goals and measures that are already backfiring among the American electorate and that, intriguingly, clash with other elements of their agenda. The most important by far were near-total opposition to abortion and a determination to tout the United States as a “Christian nation.”

The political folly of these priorities couldn’t be more obvious. As I’ve written, there’s long been a strong national consensus favoring the right to an abortion early-ish during a pregnancy and then favoring broad restrictions later on with significant exceptions (rape, incest, life of the mother, health of the mother). Indeed, that’s why comparable majorities have supported maintaining the abortion policy framework established by the Supreme Court’s 1973 Roe vs. Wade ruling – which was entirely consistent with that common sensical compromise. P.S. Contrary to the claims of the extreme pro-lifers on an off the Court, Roe gave states plenty of latitude to enact all manner of abortion curbs. (The other major misconception or falsehood surrounding Roe comes from the pro-choice movement: It never established an unfettered right to an abortion.)

If you’re skeptical, consider that the day that a draft of the Supreme Court’s eventual decision striking down Roe was leaked to the press (May 3), Republicans held a 4.1 percentage point lead in the RealClearPolitics.com average of polls gauging the public’s preference for control of Congress in November’s midterm elections. The latest figures show Democrats with a 1.1 percentage point lead in the so-called Generic Ballot.

It’s true that abortion isn’t the only reason, that the actual votes determining control of Congress aren’t cast nationally but state-by-state, and that Republicans hold enough built-in advantages in the Congressional map to keep their hopes of prevailing very much alive. But the polls also show that the Court’s Dobbs decision, the enactment of and efforts to enact near-abortion bans in Republican-run states that the ruling has permitted, and GOP talk of more such moves (including on the national level) is increasing Democrats’ interest in voting and boosting the party’s prospects. (See, e.g., here.) And not so coincidentally, Republican candidates and leaders all over the country are backing away from hard-line anti-abortion positions.

Adamant opposition to abortion in practically all circumstances also seems to clash violently with other stated National Conservative positions. For example, many speakers at the conference emphasized their support for individual liberty. But what about the right of women uninterested in becoming mothers to lead the lives they wish? Even if the unborn must indeed be deemed human life very early in pregnancies, should the wishes of those women count for absolutely nothing the minute they conceive – and simply because they failed to take adequate precautions, or because precautions taken failed? According to many, and possibly most, at the conference, the answer is “Yes.”

The repeated references to America as a Christian nation are just as problematic. For reasons like those suggested above, if that’s a rationale for insisting that U.S. policies conform with scriptural teachings (and Section 4 of this “Statement of Principles” by the movement’s leading lights certainly suggests this “Where a Christian majority exists” – i.e. in most of the country), that simply won’t wash with big majorities of voters. But the historical arguments advanced for this view don’t impress, either.

Sure, the Founding Fathers were Christians, and for the most part, observant Christians at that. But so what? The England they came from was overwhelmingly Christian. What else realistically could they be? For similar reasons, the Founders were ovewhelmingly white, too. Does that mean that America should be seen as a Caucasian nation?

And does Christian dogma really deserve much credit for the ideals that make up the American creed of freedom of expression and conscience and other major liberties for the individual; representative, accountable government; equal justice under the law; and the like? Clearly, in most of Christendom at the time (e.g., Russia, Spain, Germany) these notions were unknown or actively rejected. Instead, the great American experiment in self-government is rooted in specifically English thought and practice. And ironically, the major contribution made by Christianity that hasn’t been present outside Europe has been the faith’s willingness to leave big swathes of human life to secular institutions and authorities (as in Jesus’ admonition to “Render to Caesar the things that are Caesar’s, and to God the things that are God’s.”)

Even worse, precisely because they’re so unpopular as well as intellectually feeble, National Conservatism’s focus on these particular culture wars is weakening the ability of the entire conservative movement (except the libertarians) to fight effectively the culture wars that must be fought – specifically, over woke school public curricula; the metastasis of left-wing authoritarianism in so many major, powerful American institutions; and the related spread of divisive identity politics.

I have nothing but respect for those National Conservatives I met – and other Americans – to declare that they’re less concerned with winning politically than with remaining true to their consciences. But their version of the perfect is shaping up as a powerful enemy of the good and formula for defeat – especially if they wish to contend, as they clearly do, in an arena that rightly values the art of the possible.

That’s why I was so encouraged to find out that many of those I met at the National Conservatism Conference agreed that hard-line anti-abortion stances and pro-Christian nation preaching need to be dropped if any of National Conservatism’s other worthy causes are to be advanced.

For me, nothing could be clearer than the following as a recipe for political victory and national well-being: focusing tightly in an America First-type way on  confining U.S. foreign policy to advancing and protecting U.S. sovereignty and core security (especially against foes like China), on taming inflation and building sustainable prosperity; on securing the border; on fighting crime; on removing propaganda from public schools; on preserving a strong voice for parents in their children’s education; and on resisting the intolerant woke and rigid identity politics ideologies being pushed by our most powerful institutions.

National Conservatism as it exists now is close to being on board. If it can go the extra mile, show better judgment politically, and accept a more inclusive, more historically accurate view of “Americanism,” I’ll be happy to join its ranks.

Following Up: Still No Signs That Abortion, Guns — or January 6th — Are Democratic Midterms Lifesavers

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abortion, Biden, Buffalo shooting, Democrats, Donald Trump, election 2022, election 2024, Following Up, gun control, January 6 committee, mass shootings, midterms 2022, polls, RealClearPolitics.com, Republicans, Roe v. Wade, SCOTUS, Supreme Court, Uvalde shooting

Since early May, American politics has been rocked by the kinds of major shocks that I can’t recall coming so fast and furiously since at least the Nixon impeachment summer of 1974, and maybe since the spring of 1968 — when the Vietnam War’s Tet Offensive led to Lyndon Johnson’s withdrawal from that year’s presidential race,and was followed by the assassinations of civil rights leader Dr. Martin Luther King and New York Democratic Senator Robert F. Kennedy (for starters).

The last two months of this year alone have been marked by the leaked draft and final release of the Supreme Court ruling that ended nearly fifty years of a national right to an abortion, two appalling mass shootings (one racially motivated in Buffalo, New York, and one of school children in Uvalde, Texas), and televised Congressional hearings that have bombarded the nation with reminders of both the disgraceful January 6^th Capitol attack and former President Donald Trump’s reckless behavior that day.

On net, these developments would seem to damage Republicans’ chances of an midterms election landslide of epic proportions this November. As I’ve noted, even though the abortion developments could motivate heavily Republican anti-choice voters, too, the overturning of the 1973 Roe v. Wade decision at least gave Democrats one reason for optimism where none could plausibly be detected – because everything we know about public opinion tells us that Americans decisively favor keeping Roe. (The same arguments hold for mass shootings, IMO, as do poll results on gun control).

But at the end of May, I reported the absence of polling evidence that the guns and abortion issues were turning the tide. Now, a month later, they — along with the January 6th Committee hearings — still haven’t shown any midterms lifesaving potential for the Democrats. In fact, some survey measures suggest that the Republican position has strengthened somewhat.

As often, my sources are the averages of poll results compiled and updated on an ongoing basis by RealClearPolitics.com. Let’s start with an important indicator of midterm outcomes – presidential popularity.

The Politico.com scoop on the Supreme Court abortion draft leak appeared the evening of May 2, so May 3 seems like the baseline to use for measuring how the aforementioned news shocks have changed midterms prospects.

On May 3, according to the RealClearPolitics average, President Biden was underwater in terms of job approval ratings by 10.5 percentage points. As of today, the share of Americans admiring his performance in the White House stood at 38.4 percent and the share giving him thumbs downs was 56.9 percent. So his net negatives have nearly doubled, to 18.5 percentage points. In addition, that gap is only slightly narrower than the record 19.5 percentage points registered just yesterday.

And worse for the President, and his party: His popularity has deteriorated both because his approval ratings are as of today (38.4 percent) just off their all-time low and the disapproval numbers (56.9 percent) are just shy of their all-time high (both also set yesterday).

Pollsters also offer respondents a “generic Congressional ballot” – asking them whether they’d be likelier to cast ballots for Democratic or Republican candidates for House and Senate whoever the specific candidates on their ballots are. Although it deals with the elections that will actually determine which party winds up with majorities on both ends of Capitol Hill, its readings need to be viewed with caution because Congressional elections aren’t national but state-by-state and district-by-district. In fact, because of the Constitution’s approach to apportioning Senate and House seats, Republicans enjoy a built-in edge here, meaning that at least when it comes to the generic ballot, Democrats need to be winning by several percentage points to justify election day optimism.

According to RealClearPolitics, they’ve made some progress since May 3, but still have a ways to go.

The day after the Supreme Court leak, Republicans led the Dems by this measure by 4.1 percentage points. By May 29, that margin had shrunk all the way down to 1.5 percentage points. But as of today, though, it’s back up to 2.2 percentage points, and has remained stable overall since June 5.

Finally, and perhaps most discouraging for the Democrats given their efforts to portray most Republicans as backers of an extremist, Trump-y “ultra MAGA” agenda, the former President continues to lead Mr. Biden in polls asking about a head-to-head match-up in 2024. The website doesn’t post averages over time – just a single average figure that shows a Trump lead of 1.8 percentage points as of today.

Changes revealed in individual surveys can be interpreted as either favorable or unfavorable to President Biden depending on your baseline starting date. Specifically, in late April (just before the Politico leak), two polls showed him leading his predecessor by one and two percentage points. So since then, the President has lost ground. But a mid-May survey reported a three percentage point Trump lead. So since then, Mr. Biden has gained ground, though he’s still behind.

What does seem fair to say, though, is that no polls report any burgeoning public disenchantment with Trump since recent events that can credibly be argued have placed him, his views on gun control, and the Supreme Court Justices he appointed, in more negative lights. And revealingly, the latest set of Biden-Trump election results, in this Emerson (Massachusetts) College survey, showed Trump with his biggest edge (five percentage points) since late March – even though it was conducted the day of former White House aide Cassidy Hutchinson’s explosive anti-Trump testimony before the January 6^th Committee, and the day after.

All of these trends could easily reverse themselves in the months remaining before November – if only because more politically charged shocks could easily be in store. In addition, voters’ views on the recent shocks could grow more intense and likelier to influence their voting. (Here’s some new evidence for that proposition.)

But what seems most striking to me at this point is how stable the polls have been despite the recent string of arguably pro-Democratic bombshells – and consequently how dim their November prospects remain.

Following Up: Sense and Nonsense in the Abortion Debate

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abortion, abortion rights, birth control, Clarence Thomas, Constitution, contraception, Dobbs v. Jackson Women's Health Organization, Following Up, gay marriage, Ninth Amendmen, Planned Parenthood of Southeastern Pennsylvania v. Casey, privacy, Roe v. Wade, same-sex marriage, Samuel Alito, Supreme Court

Even by the standards of the shameful misinformation- and sheer ignorance-dominated era in which we live, the national abortion debate is noteworthy for the shameful misinformation and sheer ignorance it’s generated, So I thought it would be useful to provide some crucial correctives.

First, the 1973 Supreme Court Roe v. Wade ruling just overturned by six of today’s Justices did not create an absolute Constitutional right to an abortion. That majority opinion specifically stated that

“appellant [Jane Roe, the pseudonym of the pregnant woman who brought the case] and some amici [individuals and organizations that provided supportive “friends of the court” briefs] argue that the woman’s right is absolute and that she is entitled to terminate her pregnancy at whatever time, in whatever way, and for whatever reason she alone chooses. With this we do not agree. Appellant’s arguments that Texas either has no valid interest at all in regulating the abortion decision, or no interest strong enough to support any limitation upon the woman’s sole determination, are unpersuasive. The Court’s decisions recognizing a right of privacy also acknowledge that some state regulation in areas protected by that right is appropriate. As noted above, a State may properly assert important interests in safeguarding health, in maintaining medical standards, and in protecting potential life. At some point in pregnancy, these respective interests become sufficiently compelling to sustain regulation of the factors that govern the abortion decision.”

The Roe majority added its agreement with prior federal and state court decisions that, although the right of privacy “is broad enough to cover the abortion decision; that the right, nonetheless, is not absolute and is subject to some limitations; and that at some point the state interests as to protection of health, medical standards, and prenatal life, become dominant.” .

Second, as a result, “codifying Roe” through Congressional legislation, as sought by many critics of the Court’s Dobbs v. Jackson [Mississippi] Women’s Health Organization ruling overturning Roe, would not create an absolute Constitutional right to an abortion, either. In fact, the specific legislation offered in the House and Senate would clash violently with both the Roe and the follow-on 1992 Planned Parenthood of Southeastern Pennsylvania v. Casey decision by preventing the state or federal governments from imposing any limits on abortions “after fetal viability.” as long as “in the good-faith medical judgment of the treating health care provider, continuation of the pregnancy would pose a risk to the pregnant patient’s life or health.”

Third, whatever was contained in legislation establishing national abortion rights, an act of Congress could well wind up providing only the most short-lived of guarantees. For that law would be likely targeted for abolition as soon as anti-abortion politicians gained sufficient control of both Houses of Congress and/or the Presidency (depending of course on whether a majority achieving this goal was veto-proof). And if the Senate filibuster is ended – another goal of many abortion rights backers – scrapping an abortion rights law would be even easier.

Fourth, I wrote on Friday that a Constitutional right to privacy is essential for any political system like America’s that claims to value individual liberties, whether it’s explicitly mentioned in the U.S. Constitution or not. As with all legitimate rights, it can’t be absolute – because in principle and in real life, too many of these can come into conflict. But without an underlying right to privacy, no limits on government’s authority to control individual behavior would exist save those that are explicitly mentioned in the Constitution.

These are numerous and important (like freedom of expression and religion, the right to keep and bear arms, to be protected against unreasonable searches and seizures). And although it’s often overlooked, the Ninth Amendment holds that “certain rights” not enumerated in the Constitution must be “retained by the people.”

But the text of the Ninth Amendment offers no examples or guidance of any kind. And without an underlying right to privacy, it’s not the slightest bit difficult to understand that despite the assurance offered by the Dobbs majority, many other current individual liberties could be endangered. Nor is the evidence limited to Justice Clarence Thomas’ opinion concurring with the Dobbs ruling, which argued that with the right to privacy out of the way, Supreme Court rulings legalizing contraception, same sex marriages, and same sex relationships should be overturned with the same logic.

Even now, politicians in some states are moving to outlaw certain kinds of birth control devices. And it’s surely pertinent to note that Dobbs opinion author Justice Samuel Alito – who insisted that “It is hard to see where we could be clearer” in stating that the majority opposed equating the legalit of abortion and the legality the other forms of intimate behavior mentioned above – himself opposed the 2015 pro same-sex marriage decision using the exact same kinds of arguments he made in Dobbs. So I certainly think he could have been clearer.

But there’s another important reason to prize a right to privacy.  It has to do with the nature of constitutions themselves. Their whole point (unless they’re the phony kind concocted by dictatorships) is establishing limits on government. Why else bother with such exercises? And what set of limits on government is more crucial than those determining how it can and cannot treat private individuals’ behavior? 

These four aspects of the abortion rights debate certainly don’t exhaust the list of  falsehoods and plain old hare-brained ideas warping a controversy that’s otherwise entirely legitimate and necessary. But the sooner they’re recognized and cashiered, the likelier the nation will be to craft (or re-craft, as I’d put it, given my belief that Roe and Casey got the basics right) an abortion consensus behind which Americans can unify.  

Im-Politic: The Court’s New Abortion Decision is Egregiously Wrong Itself

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abortion, abortion rights, Constitution, Dobbs v. Jackson Women's Health Organization, gun control, Im-Politic, Planned Parenthood of Southeastern Pennsylvania v. Casey, privacy, Roe v. Wade, Supreme Court

The Supreme Court has finally decided to overturn the 1973 Roe v. Wade ruling supporting a Constitutional right to an abortion based on the majority’s vigorously argued position that “Roe was…egregiously wrong and on a collision course with the Constitution from the day it was decided” and that the follow-on 1992 Casey decision “perpetuated its errors.”

Maybe so, but at least based largely on the official summary (the Syllabus) of today’s ruling released by the Court, the six Justices who backed the Dobbs v. Jackson (Mississippi) Women’s Health Organization decision expressed some views themselves about what government can and can’t regulate that look pretty internally contradictory at first glance and that seem – eggregiously – at variance with ideas about Americans’ liberties that – to quote a legal standard they cite – are “deeply rooted in [our] history and tradition” and “essential to this Nation’s ‘scheme of ordered liberty.’”

Perhaps first and foremost, the Dobbs ruling states that “the authority to regulate abortion is returned to the people and their elected representatives.” And at least since a draft of the decision making this point was leaked in May, any number of pro-life supporters have argued that rescinding the right to an abortion by no means amounts to a nation-wide ban on the practice, and that states will remain perfectly free to keep or enact permissive abortion policies.

But in Dobbs, the Court has also called abortion a “critical moral question” because it “destroys what Roe termed ‘potential life’ and what the law challenged in this case calls an ‘unborn human being.’” Today’s Dobbs decision emphasizes this point in order to insist that their judgement poses no intrinsic challenge to other rights concerning highly personal behaviors, like the availability of birth control or gay marriage – which presumably don’t rise to abortion’s level.

All of which raises the question: If abortion is in a morality class by itself because of its devastating effects on the unborn, why do the six Justices supporting the Dobbs decision believe that states should have the any authority to regulate it? What satisfactory definition of morality could permit such a uniquely heinous practice to be permitted anywhere in the United States? Why, indeed, should it not be banned nationally – with or without whatever exceptions this or future Courts happen to allow.

In fact, contrary to the majority’s views, today’s Dobbs decision leaves in place many of the gravest threats to Americans’ freedom from government’s reach that appeared to receive support in the leaked draft version. Principally, the Court has now affirmed that not only does the Constitution grant no right to an abortion. It also holds that there’s no right to privacy having to do with the freedom to make “intimate and personal choices” that are “central to personal dignity and autonomy.”

To be sure, the six Justices in the majority correctly contend that no Constitutionally granted rights are absolute, observing that this founding document creates a system of “ordered liberty” that “sets limits and defines the boundary between competing interests” – and also, by extension, between competing rights, since many regularly clash with each other in real life.

But if the American system of government and law aren’t distinguished fundamentally by the assumption that a substantial burden of proof lies with government for infringing on the freedom to make “intimate and personal choices” related to “personal dignity and autonomy,” then it’s difficult to imagine fundamentally what it is distinguished by. In other words, if you can’t find something like a “right to privacy” in the Constitution, you’re not looking very hard.

And ironically, just yesterday, the Court supported this kind of argument when it struck down New York State’s “concealed carry” gun control law. That majority argued that this statute unconstitutionally “required law-abiding, responsible citizens to ‘demonstrate a special need for self-protection distinguishable from that of the general community’ to carry arms in public.” That is, an excessive burden of proof was placed on ordinary Americans, when it should belong to government. Why shouldn’t this kind of reasoning apply to abortion?

Finally, how can anyone believe that “a State’s regulation of abortion is not a sex-based classification” that “violates the Constitution’s Equal Protection Clause?” What men does the Dobbs majority believe will be affected by its decision? And how can these Justices reject the – inevitably gender-based — logic of the Casey decision’s statement that

“The Roe rule’s limitation on state power could not be repudiated without serious inequity to people who, for two decades of economic and social developments, have organized intimate relationships and made choices that define their views of themselves and their places in society, in reliance on the availability of abortion in the event that contraception should fail. The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives”?

One claim made by many Dobbs supporters is true — the practical, on-the-ground effects of the decision will be limited for the time being , mainly because the total numbers of legal U.S. abortions have been falling significantly in the last three decades, and because practically all of these have taken place during a pregnancy’s first trimester. (See here for the data.) Interestingly, that’s after Mississippi’s proposed abortion near-ban would go into effect.

Moreover, some other so-called “trigger laws” will allow abortions early in pregnancies, too. But others (see, e.g., here) will significantly narrow this window (even outlawing the procedure before most women even know they’re carrying), and in some of these and others, the lack of exceptions for instances of rape and incest, for example, are truly abhorrent. And now with Dobbs the law of the land, who knows what other outrages may lie in store?      

At one point the Dobbs ruling, the majority wrote that “In interpreting what is meant by ‘liberty,’ the Court must guard against the natural human tendency to confuse what the Fourteenth Amendment protects with the Court’s own ardent
views about the liberty that Americans should enjoy.”  As far as I’m concerned, that advice about leaving personal beliefs out of judicial decisions is a vitally important rule of thumb across the legal board, and as indicated by the above examples of tortured reasoning in today’s abortion rights decision, it’s one the Dobbs majority just threw under the bus.    

Following Up: Podcast Now On-Line of TNT Radio Interview

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abortion, border security, Capitol riot, China, Following Up, Hvorje Moric, Immigration, inflation, January 6 committee, jihadists, Middle East, national security, partisanship, politics, recession, semiconductors, stagflation, Taiwan, terrorism, TNT Radio, tribalism, `

I’m pleased to announce that the podcast is now on-line of my interview last night on “The Hrjove Moric Show” on the internet radio network TNT Radio. Click here for a discussion on headline issues that ranged from the Ukraine war to the U.S. economy’s prospects to China’s future to U.S. immigation and anti-terrorism policies to the January 6^th Committee to growing tribalism in American politics.

And keep checking in with RealityChek for news of upcoming media appearances and other developments

Im-Politic: Overturning Roe Could Backfire Big-Time on its Opponents

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2022 election, abortion, abortion rights, choice, Constitution, Democrats, election 2022, Im-Politic, midterms 2022, Republicans, Roe vs. Wade, Supreme Court

One of my favorite sayings has always been “Be careful what you wish for. You may get it.” And if life is remotely fair, it could well come back in spades to haunt supporters of the Supreme Court’s apparent decision to overturn the 1973 Roe v. Wade abortion ruling.

Before explaining why, I should briefly re-lay my cards on the table on abortion generally. As explained in this May, 2019 post I’ve supported Roe because of all the evidence that it conforms with a strong, consistent, public consensus in favor of a thoroughly reasonable compromise solution to the abortion dilemma. Specifically, the national default position is that abortion should be legal, but individual states, reflecting the beliefs of their populations, should be able to impose some restrictions.

In other words, Roe never established an unqualified right to abortion – because unless we’re talking about hermits, rights in human societies, including those enshrined in the Constitution, can never be unqualified. There are simply too many rights, and they too often collide with other rights and imperatives. So durable balances need to be struck, and from time to time, they need to be modified in light of changing circumstances.

They don’t make everyone happy, and they leave important inequities. But given the existentially heated and fiendishly complex nature of abortion, despite all the resulting and inevitable controversy stirred by the ruling and by the underlying issue, Roe succeeded on those crucial grounds. In everyday parlance, it was “good enough.”

At the same time, almost none of Roe’s opponents really seem to believe that there is an unqualified right to life, much less that it begins at conception. Certainly, that’s not an argument made by the leaked Supreme Court ruling. Nor is it claimed by the Mississippi abortion law that the Court is still considering, or by the even stricter new Oklahoma statutes.

The above description of Roe doesn’t take into account the argument that the decision fails by purely legal and Constitutional standards. Indeed, even leading pro-choice Constitutional experts have agreed with that judgment. But the underlying assumption that law stands clearly apart from politics can’t withstand serious scrutiny – and certainly not in any system of representative government. In such systems, legitimate laws can’t help but originate ultimately in that society’s values and culture, and politics is one indispensible method of figuring out how to enable those preferences to govern behavior and resolve disputes in mutually acceptable ways.

As I noted in the 2019 post (quoting a prominent historian of the Constitution), a crucial test that the Supreme Court must pass, (including for its own public support), is avoiding getting too far ahead of public opinion or trailing too far behind. That is, responsible justices will be exceedingly mindful of politics, its changes, and the trends underlying them. For the past half century, the Supreme Court justices who upheld Roe achieved that objective.

So assuming Justice Samuel Alito’s draft ruling stands, how is it likely to backfire on Roe opponents? For starters, they’ll need to start thinking seriously about a challenge that the 1973 ruling has enabled them to duck for decades, especially if Roe’s demise does significantly reduce the numbers of abortions.  The Roe opponens will need to deal with making sure that all the babies that aren’t aborted under the new regime have a real chance of leading satisfactory lives. After all, if you believe in the right to life, how can you neglect the quality of that life?

So unless there’s any chance that private adoption services will be able to place all the newborns with competent, caring parents (spoiler alert: there’s no chance), then the biological mothers and, when they stick around, fathers, will need a wide range of pubicly provided services and supports. In other words, Hello, Big Government. And those services and supports, which may have to be very long-lasting for the many new moms who are teens, won’t come cheap. So get ready for much higher taxes or deficit spending or some combination of the two.

For older new mothers who need to work, these supports will need to include paid family leave – whether by government or employers or some combination of the two. And if the goal is to help all the new children, this leave will need to extend for years – not just a few weeks. Moreover, this paid leave will also be needed even for many mothers who have working spouses or stable partners of some kind, unless these spouses or partners earn enough to pay all the household’s bills on their own.

Of course, there’s an alternative for the working mothers: Taxpayers spring for childcare. For as long as it’s needed. If, as is likely, Roe opponents don’t want governments handling this responsibility, they’ll need to admit many more immigrants to fill all the new positions private providers presumably would create. But no responsible Roe opponent would ever permit just anyone care for children, whether in government or for-profit or non-profit outfits. So extensive vetting and even training systems will need to be put into place, too.

In addition, for all the states that ban abortion very early in pregnancies, when many women aren’t even aware they’re pregnant, it’s only fair that they hand out accurate pregnancy test devices or pay for tests by physicians’ offices. That is, more expenses – and taxes or debt.

Finally, Roe opponents may well rue its demise this year on political grounds. It’s true that they may be able to fire up their voters to turn out to defend anti-Roe candidates in this year’s midterm Congressional elections as Roe supporters are to mobilize theirs on behalf of office-seekers pledged to codify it as federal law, and/or support nominated judges likely to try restoring Roe or at least its protections.

But it’s also true that whereas before yesterday, Roe supporters (who tend to be Democrats and Democratic leaners, just as opponents trend the opposite way) had almost no issues with which they could inspire their voters (because of the Biden administration’s failures on so many fronts), now they may have one issue that can help close the so-called enthusiasm gap and improve their performance this fall. So that shapes up as a net loss for Roe opponents and the GOP overall.

The opponents’ losses could be even worse, however, since (as shown by the poll linked above) Roe is pretty popular with the moderate Republicans who deserted the party in the 2020 presidential election and helped Joe Biden win the White House. They may not be incredibly numerous, but by definition they’re often found in many of the swing districts and states that could greatly determines which party controls the House and Senate. (It’s their presence that makes these precincts up for grabs – when it’s not the presence of moderate Democrats.)

Nonetheless, it’s also distinctly possible that such a Roe effect may not materialize, or flare briefly and then fade between now and November. (That’s clearly been the case so far for the January 6 Capitol riot, to my surprise.)  Further, abortion won’t be the only issue on voters’ minds, and any number of events could intervene in the weeks and months ahead to alter the political odds. 

Whatever the political impact, however, the nation seems fated to deal with some serious and potentially tragic real world fall-out from the Supreme Court’s seeming plans for Roe, unless the justices reverse course. Is it too much to hope that they remember another of my favorite expressions:  “If it ain’t broke, don’t fix it”?              

Im-Politic: Aftershocks

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abortion, African Americans, America First, CCP Virus, China, climate change, coronavirus, COVID 19, Democrats, election 2020, election 2022, election interference, establishment Republicans, Green New Deal, Hispanics, Hong Kong, House of Representatives, human rights, Im-Politic, Immigration, Joe Biden, mail-in ballots, mail-in voting, Mainstream Media, nationalism, polls, Populism, recession, redistricting, regulations, Republicans, Senate, social issues, state legislatures, tariffs, Trade, traditional values, Trump, Uighurs, women, Wuhan virus

I’m calling this post “aftershocks” because, like those geological events, it’s still not clear whether the kind of political upheaval Americans are likely to see in the near future are simply the death rattles of the initial quake or signs of worse to come.

All the same, at the time of this writing, assuming that the final results of Election 2020 will see Democratic nominee Joe Biden win the Presidency, the Republicans keep the Senate, and the Democrats retain control of the House, the following observations and predictions seem reasonable.

First, whatever the outcome, President Trump’s campaign performance and likely vote percentages were still remarkable. In the middle of a re-spreading pandemic, a deep CCP Virus-led economic slump that’s left unemployment at still punishing levels, and, as mentioned before, unremitting hostility from the very beginning on the part of most and possibly all powerful private sector institutions in this country as well as much of Washington’s permanent government, he gave his opponents a monumental scare. If not for the virus, the President could well have won in a near landslide. And will be made clear below, this isn’t just “moral victory” talk.

Second, at the same time, the kinds of needlessly self-inflicted wounds I’ve also discussed seem to have cost him many important advantages of incumbency by combining with pandemic effects to alienate many independents and moderate Republicans who backed him four years ago.

Third, the stronger-than-generally expected Trump showing means that, all else equal, the prospects for a nationalist populist presidential candidate in 2024 look bright. After all, how difficult is it going to be for the Republican Party (whence this candidate is most likely to come) to find a standard-bearer (or six) who champions the basics of the Trump synthesis – major curbs on trade and immigration, low taxes and regulations but more a more generous economic and social safety net, a genuine America First-type foreign policy emphasizing amassing of national power in all its dimensions but using it very cautiously, and a fundamentally commonsense view on social issues (e.g., recognizing the broad support of substantial abortion rights but strongly resisting identify politics) – without regular involvement in Twitter fights with the likes of Rosie O’Donnell?

Fourth, these prospects that what might be called Trump-ism will outlast Mr. Trump means that any hopes for the establishment wing to recapture the Republican Party are worse than dead. Ironically, an outsized nail-in-the-coffin could be produced by the gains the President appears to have made with African Americans and especially Hispanics. After Utah Senator Mitt Romney’s defeat at the hands of Barack Obama in the 2012 presidential election, the Republican conventional wisdom seemed to be that the party needed to adopt markedly more tolerant positions on social issues like gay rights (less so on abortion), and on immigration to become competitive with major elements of the former President’s winning coalition – notably younger voters, women, and Hispanics. The main rationale was that these constituencies were becoming dominant in the U.S. population.

The establishment Republicans pushing this transformation got the raw demographics right – although the short run political impact of these changes was exaggerated, as the Trump victory in 2016 should have made clear. But it looks like they’ve gotten some of the political responses wrong, with immigration the outstanding example. However many Hispanic Americans overall may sympathize with more lenient stances toward newcomers, a notable percentage apparently valued Mr. Trump’s so-called traditional values and pro-business and pro free enterprise positions more highly.

If the current election returns hold, the results will put the GOP – and right-of-center politics in America as a whole – in a completely weird position. Because the party’s establishment wing still figures prominently in its Senate ranks, a wide, deep disconnect seems plausible between the only branch of the federal government still controlled by Republicans on the one hand, and the party’s Trumpist/populist base on the other – at least until the 2022 mid-term vote.

Fifth, as a result, predictions of divided government stemming from Election 2020’s results need some major qualifications. These establishment Senate Republicans could well have the numbers and the backbone to block a Biden administration’s ambitious plans on taxing and spending (including on climate change).

But will they continue supporting Trumpist/populist lines on trade and immigration? That’s much less certain, especially on the former front. Indeed, it’s all too easy to imagine many Senate Republicans acquiescing in the Democratic claims that, notably, the United States needs to “stand up to China,” but that the best strategy is to act in concert with allies – which, as I’ve explained repeatedly, is a recipe for paralysis and even backsliding, given how conflicted economically so many of these allies are. As suggested above, the reactions of the overwhelmingly Trumpist Republican base will be vital to follow.

One reason for optimism (from a populist standpoint) on China in particular – Senate Republican opposition to anything smacking of the Green New Deal should put the kibosh on any Biden/Democratic notions of granting China trade concessions in exchange for promises on climate change that would likely be completely phony. Similar (and similarly dubious) quid pro quos involving China’s repression of Hong Kong and its Uighur Muslim minority could well be off the table, too.

Sixth, their failure to flip the Senate, their apparently small losses in the House, and disappointments at the state level (where they seem likely to wind up remaining a minority party) means that the Democrats’ hoped for Blue Wave was a genuine mirage – and looks more doubtful in future national contests as well. For state governments are the ones that control the process of redrawing Congressional district lines in (very rough) accordance with the results of the latest national Census — like the one that’s winding up. So this is a huge lost opportunity for the Democrats, and a major source of relief for Republicans.

Meanwhile, on a symbolic but nonethless important level, the aforementioned better-than-anyone-had-a-right-to-expect Trump showing means that the desire of many Democrats, most progessives, and other establishmentarians to crush the President (and other Republicans), and therefore consign his brand of politics and policy to oblivion, have been sort of crushed themselves. So it’s an open question as to whether they’ll respond with even more vilification of the President and his supporters, or whether they’ll finally display some ability to learn and seriously address legitimate Trumper grievances.

Seventh, as for Trump Nation and its reaction to defeat, the (so far) closeness of the presidential vote is already aggravating the nation’s continued polarization for one particularly troubling reason: A Biden victory aided by the widespread use of mail-in voting inevitably will raise charges of tampering by Democratic state governments in places like Michigan, Wisconsin, and Pennsylvania. Call it domestic election interference, and the allegations will be just as angry as those of foreign interference that dogged the previous presidential election. As a result, I hope that all Americans of good will agree that, once the pandemic passes, maximizing in-person voting at a polling place needs to return as the norm.

Finally, for now – those polls. What a near-complete botch! And the general consensus that Biden held a strong national lead throughout, and comparable edges in key battleground states may indeed have depressed some Republican turnout. Just as important – a nation that genuinely values accountability will demand convincing explanations from the polling outfits concerned, and ignore their products until their methodologies are totally overhauled. Ditto for a Mainstream Media that put so much stock in their data, in part because so many big news organizations had teamed up with so many pollsters. P.S. – if some of these companies are fired outright, and/or heads roll (including those of some political reporters), so much the better.

Im-Politic: Why the Crucial Abortion Debates are (Long) Over

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abortion, abortion rights, Constitution, Gallup, heartbeat bills, Im-Politic, Kaiser Family Foundation, National Opinion Research Center, Pew Research Center, Planned Parenthood of Southeastern Pennsylvania v. Casey, Quinnipiac College poll, Robert G. McCloskey, Roe vs. Wade, Supreme Court

If only most of the major challenges facing Americans were as easy to meet as arriving at a satisfactory compromise over abortion. In fact, in the key respects, the challenge has already been met, as a general consensus is staring the nation in its collective face, has been in place literally for decades, and looks guaranteed to remain solidly in place for the foreseeable future.

Sounds crazy, doesn’t it, given the political and policy brawl that has erupted in recent weeks over a handful of states’ approval of laws dramatically reducing the circumstances in which abortion will remain legal?  But this contention is backed up strongly by the national legal regime regulating abortion right now, by all the polling, and by everything known about how the Supreme Court – which it’s thought on both sides of the issue could well transform the status quo it’s created since its 1973 Roe v. Wade decision – historically has handled such explosive questions. Moreover, abortion is one of those matters in which the politics, the law, and the history powerfully reinforce each other.

Let’s start with the law. The major Supreme Court decisions are of course the Roe case – which established a Constitutional right to abortion but also authorized states to infringe on it in various ways during a pregnancy’s second and third trimesters – but also a ruling in the 1992 Planned Parenthood of Southeastern Pennsylvania v. Casey case. In it, a 5-4 majority of the Court created a standard to govern such state restrictions on abortion, holding that such measures could not impose an “undue burden” on women seeking abortions that “created a substantial obstacle” to undergoing the procedure “before the fetus attains viability.”

Revealingly, that guideline nicely describes the current U.S. consensus on abortion rights: Women deserve a fundamental right to abortion, but (like most other rights), it’s not absolute. More specifically, the most widely agreed on exceptions involve what are clearly exceptional (and exceptionally tragic) – mainly rape, incest, serious threats to the pregnant woman’s health, and a high likelihood that the new baby would suffer from serious defects. (See this recent Gallup summary for some representative data.)

Still more revealingly: These public attitudes have been remarkably stable over time. At least three separate polls – shown in the aforementioned Gallup summary, by Pew, and by the National Opinion Research Center (NORC) – make this point emphatically.

And at least as important – NORC’s findings show that a sizable gap has existed between public support for the “tragic” exceptions to the right to abortion on the one hand (which have demonstrated at least 70 percent backing for the four decades examined), and other proposed exceptions (whose support generally has remained between 30 percent and 50 percent).

In turn, these legal and political considerations both create towering obstacles even to a Court now featuring a conservative majority overturning either the Roe or the Casey regimes. And least plausible of all is the wish-dream of abortion rights opponents and the nightmare of abortion rights supporters – that the Court bases such a reversal on cases brought deliberately in order to uphold the highly restrictive new state laws. For outlawing abortion even in the aftermath of rape and incest, for example, would seem the epitome of creating a Casey-violating undue burden on the fundamental right to abortion. The various “heartbeat” bills for their part can’t be squared with the Court’s determination in Roe and other decisions since that a fetus isn’t viable until long after the six weeks at which this function can first be detected.

Indeed, such laws repeatedly have been struck down in various courts, and the Supreme Court has refused to consider the two that reached it on appeal. And don’t think it’s a coincidence that the high court’s recent record tracks well with public opinion (including on the heartbeat bills, according to Kaiser Family Foundation and Quinnipiac University survey results presented in this sweeping summary of decades of abortion poll findings).

But couldn’t the Supreme Court’s new conservative majority decide the time is ripe to get rid of Roe and follow-on decisions? Not if it bears any resemblance to its predecessors since the New Deal era. For one of the seminal findings about the Court came back in 1960, in Harvard political scientist Robert G. McCloskey’s classic study, The American Supreme Court. As McCloskey argued compellingly, the Court is most successful when it pays attention to public opinion, and runs into its greatest troubles when it gets too far ahead of or too far behind these attitudes. If you’re skeptical, just think of the tumult that followed the pre-Civil War Dred Scott case and its invalidation of crucial pieces of New Deal legislation during the Great Depression.

None of this is to say that lots of thorny abortion-related decisions will continue to face Americans – like federal funding for Planned Parenthood and other organizations that provide a wide range of women’s health care services, including abortion services; and about what kinds of reproductive health services like birth control religious organizations should be required to provide for female employees in their health insurance plans. And few of them have generated enough polling evidence to identify consensus with any justifiable confidence.

But the broadest, most important abortion-related questions have been decided – especially in the court of public opinion. The procedure will remain a strongly protected Constitutional right early in pregnancy, and a more weakly protected right in later phases. Throughout pregnancies, this right will receive virtually absolute protection in genuinely traumatic circumstances, and be subjected by states to curbs on its availability that don’t “substantially” nullify it in practical terms — and that therefore should not be reflexively condemned as stepping stones to wide-ranging bans.

So abortion rights supporters need to give up on extending strong protections deep into pregnancy. And abortion rights opponents should forget about overturning Roe and Casey. It’s true that medical advances that keep pushing fetal survivability (if not viability without pervasive support) back closer to conception will one day resume adding fuel to the abortion debate fire. And public opinion is by no means set in stone. But for more than forty years since Roe, Americans collectively have been saying that the general abortion debate is over, and the courts have plainly agreed. It’s high time that politicians and activists across the spectrum got the message.

Im-Politic: A Moral Quandary Surrounding American Morals?

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abortion, Gallup, gay marriage, Im-Politic, marijuana, moderates, morals, polling, public opinion, social conservatives, social liberals, Trump, values

This’ll be one of those posts where I confess I just don’t know what the heck is going on. But the info seems so compelling – and possibly contradictory – that it can’t be ignored.

The first half of the puzzle comes from Gallup’s new finding that a large (81 percent) of Americans judge the country’s moral values to be “only fair” or “poor,” and that 77 percent believe that this problem is getting worse. Although I know there will be many who are tempted to respond with something to the effect of “Ah, Trump,” keep in mind that these numbers haven’t changed dramatically since the company began asking such questions in 2002. (Somewhat greater shifts – for the worse – are evident since the early 1990s, when Gallup’s questions were somewhat differently worded.)

Another intriguing result: More than a third of respondents rated the state of U.S. morality as “fair” – which isn’t necessarily negative. In fact, combining the 36 percent of Americans taking this view with the (dwindling) share who view it as “excellent/good” (17 percent) sums to a majority that’s arguably pleased with the nation’s ethics. And these sub-categories (called “internals” by polling insiders) have remained broadly stable over the last decade and a half as well.

Less intriguing: Over the last year, self-identified social liberals have become much more concerned about America’s morals, with the share perceiving a worsening spurting from 58 percent to 71 percent. Social moderates became markedly more pessimistic, too, and that definitely looks like a Trump effect. So does the less dramatic drop in the share of those considering themselves as social conservatives telling Gallup that moral decay intensified during that time.

But here’s where the real mystery comes in. Another Gallup survey, taken just a few weeks ago, reported “Americans Hold Record Liberal Views on Most Moral Issues”. Give the company credit: It’s recognized the apparent paradox: “Even liberals, who seemingly should be pleased with the growing number of Americans who agree with their point of view on the morality of prominent social issues, are more likely to say things are getting worse than getting better.”

Gallup offers two possible explanations, but I don’t find them especially convincing. The first, after all, assumes (at least logically) that social liberals believe that many Americans who have swung their way on gay marriage, marijuana legalization, abortion, and the like are still insensitive (at best) toward racism and poverty. Or even have become more so. The second assumes that liberals believe that these same, increasingly tolerant Americans keep displaying “lack of respect or tolerance for others,” or are getting even coarser.

Nor am I persuaded by another possible explanation that could well be proposed by social conservatives: that although they increasingly support more liberal moral positions and views, deep down inside, liberals and moderates recognize them as dangerous and therefore perceive American morals to be declining.

So I’m left in the dark, but certain something important is taking place within the national psyche. What do all of you think?