Im-Politic: Abortion Really Did Prevent a Red Wave, Part II

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abortion, Arizona, Associated Press, democracy, Democrats, Dobbs v. Jackson Women's Health Organization, economy, Edison Research, exit polls, Fox News, Im-Politic, inflation, midterm elections, midterms 2022, National Opinion Research Center, Nevada, New Hampshire, Pennsylvania, Republicans, Roe vs. Wade, Supreme Court

 As observed on Friday, U.S. midterm elections are really collections of state and local elections. So it’s crucially important to recognize that the exit polls on these races – including in the closely contested swing state races whose outcomes have been vital for determining control of Congress – show just as convincingly as the national poll results that mishandling the abortion issue was a huge mistake for Republicans.

In fact, as I first saw it weeks ago, even though large numbers of variables always influence all such votes, strong GOP support for the Supreme Court’s take-back of national abortion rights and for enacting sweeping bans in its wake, turned out to be a huge enough mistake to explain most of the Republican under-performance in swing states that as of this writing could cost them both the House and Senate.

As with the national level, the evidence for these propositions at the state level (the focus of this post) comes from two leading exit polls. We’ll start with the data from the survey conducted for the Associated Press (AP) and Fox News by the University of Chicago’s National Opinion Research Corporation, mainly because it looked at more individual states than the sounding by Edison Research for other major news networks, and because it contains state-level figures on that odd quirk pointed out in yesterday’s post: the tendency of many more respondents to brand abortion as the single most important factor behind than designated it as the most important issue facing the country.

That distinction – which I still find head-scratching – seems to account for much of the failure of so many pollsters to pick up on the significance of abortion in the weeks and months before Election Day. Opinion researchers evidently assumed that the wide lead over racked up by the economy over abortion when voters were asked about their top concerns would translate into an election completely dominated by economic issues, and therefore big Republican gains. But it didn’t, and the greater-than-expected influence of abortion on the actual voting looks sufficient to have swung the swing states in the Democrats’ favor.

Let’s kick off with Nevada, since incumbent Catherine Cortez Masto’s (typically narrow) win over Republican Paul Laxalt has just assured Democrats continued control of the Senate. When AP/Fox asked voters views on “the most important issue facing the country,” they responded almost identically like the country as a whole, giving “the economy and jobs” a majority (52 percent) and answering abortion just nine percent of the time.

Yet when it came to identifying “the single imost important factor” behind their vote, inflation’s margin over abortion was a much smaller 54 percent to 25 percent.

Moreover, it’s clear that voters motivated mainly by abortion were opposed to the overturning of the 1973 Roe vs Wade decision. In the AP/Fox survey, Nevadans took a “pro-choice” over a “pro-life” stance by a landslide-like 69 percent to 31 percent. And of that 69 percent, nearly half were “angry” about the Roe-overturning Dobbs ruling.

Voters in neighboring Arizona, where another loss helped kill GOP chances of capturing the Senate, gave the AP/Fox pollsters similar answers. They named the economy the country’s most important issue by 45 percent to 15 percent. But they said that their own vote was determined chiefly by inflation over abortion by a slimmer 50 percent to 24 percent count.

In addition, 62 percent of Arizona voters favored legalizing abortion in all or most cases with only 38 percent supporting a ban in all or most instances. And 35 percent of them described their views about the high court’s Dobbs ruling rescinding abortion rights as angry.

But this pattern isn’t simply a Mountain State phenomenon. In Pennsylvania, Republicans thought they had a great chance to hold a Senate seat because of Democratic candidate John Fetterman’s health problems and supposedly far-left views.

There again, a majority (51 percent) of voters said the economy was the country’s most important issue, and only 12 percent named abortion. But inflation beat abortion as a the key vote motivator by just 50 percent to 24 percent.

And in the Keystone State, too, voters supporting legalizing abortion in all or most cases by 65 percent to 35 percent, with those professing to be angry about Roe’s demise totaling 35 percent.

In New Hampshire, Republicans thought they could flip the Senate seat held by incumbent Maggie Hassan. On the “most important issue facing the country” question, they chose the economy over abortion by 50 percent to 13 percent. Yet on the “single most important factor” shaping their vote, that lead shrank to 48 percent for inflation compared with 23 percent for abortion.

In New Hampshire, “pro-choice” views topped “pro-life” views by a yawning 73 percent to 27 percent, and nearly half of all voters (47 percent) declared themselves angry about the Dobbs decision.

The Edison survey, again, didn’t ask the “most important issue facing the country” question in its exit poll. But it, too, found much more prominence given to abortion, and more heated opposition to the strike-down of broad abortion rights, than was apparent from the pre-election surveys.

In Nevada, Edison found that 36 percent of voters named inflation the “most important issue to your vote” – not overwhelmingly ahead of the 28 percent naming abortion. Nevadans backed broad access to abortion by 66 percent to 29 percent, and fully 35 percent were angered by the Dobbs ruling.

According to Edison, Arizonans prioritized inflation over abortion by a slim 36 percent to 32 percent. Broad abortion legality out-polled broad illegality by 63 percent to 35 percent, and those angered by the Supreme Court’s latest abortion decision totaled an impressive 40 percent.

In Pennsylvania, Edison researchers found that abortion actually beat out inflation as voters’ biggest motivator by 37 percent to 28 percent. Pennsylvanians took “pro-choice” positions over “pro-life” positions by a wide 62 percent to 34 percent, and 39 percent expressed anger over the Dobbs ruling.

Finally, in New Hampshire, Edison reported that inflation edged abortion by just 36 percent to 35 percent as the biggest factor behind voter decisions. “Pro-choice” backers exceeded their “pro-life” counterparts by 68 percent to 29 percent, and those angry due to the overturning of Roe vs Wade numbered a considerable 42 percent.

Incidentally, another major surprise in both sets of exit polls was the importance respondents attached to “the future of democracy in this country,” as AP/Fox called it. In nearly all the states examined above, this issue registered in the low- or mid-40 percent range as “the single most important factor” behind individuals’ votes.

But it’s difficult to understand whether Democrats or Republicans benefited on net, because members of both parties have expressed significant but significantly different sets of anxieties about the subject.

The numerous factors influencing midterm election results include national issues, state and local issues, candidate personalities, voter turnout, and changing demographics. Moreover, the lines separating these issues are rarely blindingly bright, or even close.

But the surprisingly great salience showed by abortion issues in the post-election exit polls, in contrast to the findings of pre-election polls, tells me that my hunch about the political impact of the Dobbs decision was well-founded. As was the case with no other issue, its announcement (on June 24) gave the Democrats a mobilizing cause when they had absolutely nothng going for them before. That’s why this gift looks like the single development most responsible for turning the Red Wave into a Red Trickle – at most.

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Im-Politic: Abortion Really Did Prevent a Red Wave, Part I

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2022 election, abortion, Associated Press, Dobbs v. Jackson Women's Health Organization, economy, Edison Research, exit polls, Fox News, Im-Politic, inflation, midterms 2022, National Opinion Research Center, NPR-Marist Poll, politics, polls, Red Wave, Republicans, Roe vs. Wade, Supreme Court

At the risk of blowing my own horn, I think it’s of more-than-usual interest to report the evidence that I’ve been proven right on my prediction that the Supreme Court’s decision to strike down abortion rights, and Republican support for such efforts, would be nothing but trouble for the GOP in this year’s mid-term elections.

Indeed, the exit polls – which, to be fair, are preliminary at this point – show that public anger at the Dobbs decision, and fears of it spurring a wave of draconian state-level and even federal abortion bans, influenced voting decisions nationally and in key swing states nearly as much as resentment over the state of the economy. And this development supported, in spades, my belief that whereas before Dobbs, Democrats had little or nothing going for them as the election approached, the Supreme Court gave them something. If anything, though, I underestimated how big this “something” would be, for it appears important enough to explain by itself why the “Red Wave” widely expected didn’t materialize.

Let’s start with with a survey conducted for some major broadcast and cable news networks by Edison Research. Practically up to Election Day, polls were showing that inflation was voters’ most pressing concern, with abortion trailing far behind. For example, this NPR/PBS/Marist College sounding from late October found the margin to be 36 percent to 14 percent among adults and registered voters, and 36 percent to 11 percent among those saying they’d “definitely vote” in the contest.

In addition, respondents believed that Republicans could control inflation better than Democrats by nearly two-to-one. No wonder so many in the GOP was so optimistic. 

But Edison’s exit poll found a much smaller margin for inflation’s paramount importance –  just 31 percent to 27 percent for abortion.

Findings like this, however, can be of only limited value, because Americans can be concerned about various issues for different reasons. So it was smart of Edison to publish a party breakdown. And with abortion ranking as “the most important issue for your vote” by 76 percent of Democrats but only 23 percent of Republicans, the Dobbs decision and its aftermath looked like definite political losers.

Backing up this conclusion: According to Edison, 37 percent of voters viewed the overturning of the 1973 Roe vs Wade high court decision establishing a privacy-grounded right to an abortion to some extent with “enthusiasm” or “satisfaction,” while 60 percent reacted with “dissatisfaction” or “anger.” And nearly two-thirds of that 60 percent were angry.

The second major exit poll is one conducted for the Associated Press and Fox News by the University of Chicago’s National Opinion Research Center. Its findings came with a major quirk. As with so many pre-election surveys, respondents ranked the “economy and jobs” as “the most important issue facing the country” by far. It claimed the top spot for 48 percent of those contacted versus just nine percent for abotion. In addition, respondents overwhelmingly (78 percent) thought the economy was in “not so good” or “poor” condition, and gave President Biden poor grades on handling this challenge.

But many more respondents (24 percent) called abortion “the single most important factor” behind their vote (versus 51 percent for the economy). And again, the decided (61 percent to 39 percent) backing for “a law guaranteeing access to legal abortion nationwide,” and the emotions registered over Roe’s demise (41 percent “happy” or ”satisfied,” 59 percent dissatisfied or angry, and 33 percent angry), demonstrate unmistakably how the issue cut politically against more powerfully than generally anticipated against Republicans. All the more so given how close so many key state and local elections were.   

And speaking of these state and local elections, since especially for matters like control of Congress, what counts most are those results (particularly for the supposed swing states where the GOP saw real promise of victory), not the nation-wide findings. As I’ll show tomorrow, the state and local results, too, all but clinch the case that the Dobbs ruling dashed those Republican hopes.

Our So-Called Foreign Policy: Pointless Polls on Ukraine

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Associated Press, Biden, Gallup, National Opinion Research Center, NATO, North Atlantic treaty Organization, Our So-Called Foreign Policy, polls, public opinion, Putin, Russia, Ukraine, YouGovAmerica

Here are two of the weirdest polling releases I’ve seen in a long time.  And both concern the Russian invasion of Ukraine – not exactly a trivial issue.

The first is a Gallup survey from yesterday with findings on American views on the Ukraine conflict that (unwittingly, it seems) leaves the subject more mysterious than ever.

Gallup reports that, just before Russia invaded Ukraine, “52% of Americans [saw] the conflict between Russia and Ukraine as a critical threat to U.S. vital interests. That’s a change from 2015, after Russia annexed the Crimean peninsula, when less than half of U.S. adults, 44%, thought it posed that serious a threat.”

Keep in mind that “vital” literally means needed to ensure the physical survival, or at least the independence of the country. And even if respondents didn’t have that particular definition in mind, surely they equated the term with first-order importance. In either case, you’d think logically that at least a sizable portion of those viewing the Ukraine conflict as a “vital threat” would support a U.S. military response.

But in this survey, Gallup never even posed the question. And its additional queries created even more confusion. Chiefly, a big plurality (47 percent) favored keeping the U.S. commitment to the North Atlantic Treaty Organization (NATO) “where it is now” – even though the challenges facing the alliance obviously have grown dramatically.

Another 18 percent did favor an increase to the commitment. But the same share of respondents wanted it decreased. And 13 percent supported “withdrawing entirely.” “Go figure” seems to be what Gallup is suggesting.

The second bizarro poll was conducted by the Associated Press and the National Opinion Research Center at the University of Chicago. Between February 18 and February 21 (the day Russian leader Vladimir Putin ordered troops to enter eastern Ukraine), these pollsters asked American adults whether they thought the United States should play a “major,” “minor,” or “no role” in the situation between Russia and Ukraine.” What on earth does that mean?

For the record, 26 percent backed a major role, 52 percent a minor role, and twenty percent no role. That sure sounds like strong opposition to a step as dramatic and fraught with peril as joining a conflict with a nuclear-armed superpower. But these results say absolutely nothing about what kind of role should or shouldn’t be played, which matters a lot because the range is so wide among sending troops, expressing rhetorical support, and all the options in between. And why ignore the troops question in the first place?

Not that all pollsters have sidestepped the issue. The YouGovAmerica firm conducted a survey for The Economist of U.S. adult citizens earlier this month – between February 5 and 8. It found that by a 55 percent to 13 percent, respondents considered it a “bad idea” versus a “good idea” to “send soldiers to Ukraine to fight Russian soldiers.” Fully a third weren’t sure.

But even this survey wasn’t devoid of weirdness. Chiefly, YouGov asked about the option of “Sending soldiers to Ukraine to provide help, but not to fight Russian soldiers.” Granted, the actual Ukraine war was still a hypothetical at that point. But what gave the pollsters the idea that this option was remotely realistic? Or prudent, given the tendency of large-scale fighting to become larger scale fighting, and embroil nearby regions and populations. (The public was split almost exactly into thirds among the “good idea,” “bad idea” and “not sure” alternatives.)

Politicians are fond of bragging that they don’t make policy based on polls. At least when it comes to the war and peace decisions presented by the Ukraine conflict, these surveys make clear that’s something to be grateful for.

Im-Politic: Bad Polling News for Both Biden and Trump

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Associated Press, Biden, conservatives, Donald Trump, election 2022, election 2024, GOP, Im-Politic, independents, Laura Ingraham, Morning Consult, National Opinion Research Center, NBC News, Politico, polls, Republicans

A major shift in American politics may be in the works according to some recent polling results about President Biden and Donald Trump. Specifically, they could mean that the American public has had it with both of them.

Let’s start with the President’s results…since he’s the President. Astonishingly, no fewer than three surveys during the last week show not only that his popularity and job approval are way down, but that huge and in one case slightly growing percentages of the public doubt his overall mental fitness to handle his job.

Two days ago, Politico and Morning Consult consult released survey findings reporting that only 22 percent of all registered voters “strongly agree” that Mr. Biden “is mentally fit,” 18 percent “somewhat agree,” 12 percent “somewhat disagree,” and 37 percent “strongly disagree.” So a plurality (49 percent) are in the “disagree” camp (versus 40 percent agreeing that the President is mentally fit), and the most popular answer, by 19 percentage points, was “strongly disagree.”

Of course there was a partisan split. But when it comes to political independents, those who overall disagreed that President Biden is mentally fit outnumbered those that agreed by 48 percent to 37 percent, with 33 percent choosing “strongly disagree.”

More worrisome for the President: Politico and Morning Consult asked the same question in November, and since then, those disagreeing that he’s mentally fit has inched up from 48 percent to 49 percent, and those agreeing that he’s mentally up to snuff has fallen from 46 percent to 40 percent. About the same deterioration appeared among independent voters.

Similarly, a poll this week from NBC News asked American adults (a group somewhat different than registered voters) how they would rate various Biden traits on a scale of 1 to 5 with 1 being “Very Poor” and 5 being “Very Good.” No party affiliation-based findings were provided. But on “Having the necessary mentally physical health to be president,” here are the Biden scores:

5: 18 percent

4: 15 percent

3: 16 percent

2: 9 percent

1: 41 percent

In other words, 4 and 5 (those believing Mr. Biden is mentally and physically healthy enough) add up to 33 percent. One and 2 (those who don’t) add up to 50 percent. And “Very Poor” leads the pack by a mile.

The Associated Press (AP) and National Opinion Research Center (NORC) reported better views of the President’s capacities – but not much. Here the question (again, for adults) was “How confident are you that Joe Biden has the mental capacity to serve effectively as president?” There was no political affiliation breakdown here, either, but here are the results:

“Extremely confident”:   11 percent

“Very confident”:            17 percent

“Somewhat confident”:   25 percent

“Not very confident”:      18 percent

“Not at all confident”:     29 percent

AP-NORC concluded that those lacking confidence in Mr. Biden’s mental fitness outnumbered those with confidence by 47 percent to 28 percent – figures not far off those published by NBC News. And once more, the biggest individual category contained those with the least confidence.

The news isn’t any better for the former President, though. Since early this year, I’ve been trying to keep track of whether Republican and Republican-leaning voters are more loyal to their party, or to Trump. And the new sounding from NBC News makes clear that Trump has been losing ground on this score.

As the survey reports, since January, 2019, although the results fluctuated some, the “supporter of Trump” position consistently registered a plurality and often a majority. (Those answering “both” never made it out of the single digits as percents of the whole sample.) Even last January (not a great month for Trump politically or in any sense), the “supporters of Donald Trump” and “supporters of the Republican Party” were tied at 46 percent.

But as of today? The percentage of “Republican supporters” topped that of “Trump supporters” by a whopping 56 percent to 36 percent. That’s the biggest such margin ever in this data series.

One other (non-poll) possible straw in the wind worth noting in this respect. In a magazine interview this month, Fox News talker Laura Ingraham said that “I’m not saying I’m there for him yet,” when asked if she would endorse a 2024 Trump presidential bid.

As is well known, Ingraham remains a fervent backer of Trump’s presidential record and policies, as well as an admirer of the former president personally. Less well known – Ingraham was dissenting in a Trump-ian/populist way from the old Republican Party orthodoxy for several years before Trump declared his first White House candidacy, especially on China-related issues. Given her wide following, that’s a clear signal that what’s been called Trump-ism without Trump is a distinct possibility for the Republican future.

But on the subject of the future, the worst news for both the President and his predecessor came from the AP-NORC survey. By a gaping 70 percent to 28 percent margin, respondents didn’t want Mr. Biden to seek reelection. That was almost identical to the 72 percent wanting Trump to stay on the sidelines and only 27 percent supporting a third White House bid.

We’re still very early in political cycle for this year’s Congressional elections, much less the 2024 presidential race. But so far, the polls are saying pretty clearly that Americans want new faces to choose from when they next choose a Chief Executive – and pretty ardently.

Im-Politic: The Public and the Protests

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African Americans, Associated Press, Democrats, election 2020, George Floyd, Im-Politic, National Opinion Research Center, NORC, police brutality, politics, polling, polls, pollsters, protests, racism, Republicans, Trump, University of Chicago

Here at RealityChek I try to focus on polls only that come up with unusually interesting results,, but even by that lofty standard, this new survey from the Associated Press-NORC [National Opinion Research Center] for Public Affairs Research (the latter affiliated with the University of Chicago) is unusually interesting. And for more than one reason.

First and maybe foremost, is the methodological note that came at the end: “[B]lack adults were sampled at a higher rate than their proportion of the population for reasons of analysis.” You don’t have to know much about polling to ask legitimately “What the heck is that about?”

After all, if you’re looking to find out what Americans (or any group) think about this or that subject, you need to ask a sample of that population that’s representative. In this case, sampling African Americans at a higher-than-justified rate is bound to produce results that permit African-American answers to distort the findings in the direction of African-American opinion. And given African Americans’ overwhelming preference for Democrats and (as far as we know) overwhelming opposition to President Trump, this practice is also bound to produce results that skew markedly pro-Democrat and anti-Trump.

Second, even with this “pro-African-American” bias, the survey shows that although a majority of Americans “approve…of the recent protests against police violence in response to [George] Floyd’s death,” the majority isn’t that big. Overall approval is only 54 percent (and again, this finding is thrown off by the aforementioned methology) and “strong approval” was expressed by only 21 percent.

Black Americans’ backing was much stronger: 81 percent overall, with 71 percent strongly approving.

Third, Americans as a whole aren’t buying the notion that the recent protests have been all or mostly peaceful. Indeed, only 27 percent agree with those characterizations combined. Moreover, a slim majority (51 percent) favored the description “both peaceful and violent” and fully 22 percent regarded tham as all or mostly violent.”

And again, the numbers tilting toward emphasizing the violence seen during the protests have probably been depressed by the pro-African-American and therefore pro-Democratic skew of the sample. Nearly half (49 percent) of Democrats called the protests all or mostly peaceful. At the same time, 42 percent of them viewed the protests as “both peaceful and violent.”

Fourth, no racially broken down results were provided for the violence question, but they were presented for the results judging “law enforcement’s response.” In this case, the U.S. public as a whole chose “appropriate response” over “excessive force” by 55 percent to 44 percent. But 70 percent of black Americans believed the police et al used too much force – which surely propped up the 44 percent figure reported for Americans as a whole.

Finally, don’t conclude from the above results that this survey offers much good news for President Trump and his supporters and the relatively hardline approach they’ve favored for handling the protests. As the Associated Press and NORC put it: “Over half of all Americans say his response made things worse and just 12% say it made things better. While there are racial differences, about half of both white Americans (51%) and black Americans (72%) feel that the president’s response made things worse. ”

And in this case, the bizarre sample used by the Associated Press and NORC can’t come close to explaining these underwater Trump ratings. The most positive pro-Trump spin that makes any sense is that although there’s major overall public support for the President’s positions and the actions that logically follow, he’s getting almost no credit for advocating them.

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.