“Personhood”: Romney Tries To Have It Both Ways
Trying to figure out where Mitt Romney stands on the issues can be difficult. Climate change, gun control, gay rights—the waffling is so bad, there are multiple websites devoted to it.
Now, with a number of states trying to pass laws that would redefine fertilized human eggs as people, Romney has been asked multiple times whether he thinks legal personhood should begin the moment a sperm penetrates an egg. He hasn’t been consistent on the subject.
In 2007, Romney told ABC News he supported a “Human Life Amendment” to the Constitution that would “make it clear that the 14th Amendment’s protections”—equal protection under the law, for example—”apply to unborn children.” The proposed amendment, long a part of the Republican Party platform, is the national equivalent of the state-level personhood measures that have proliferated in recent months. Both the state and federal versions of the proposals would extend legal rights to early term fetuses, effectively making all abortions illegal. Voters in Mississippi considered, and rejected, a ballot initiative on the matter on November 8, but activists recently launched similar efforts in Wisconsin and Georgia.
Supporting such a radical restriction on abortion rights represents a shift for Romney. As a Senate candidate in 1994, he declared, “I believe that abortion should be safe and legal in this country,” and he continued to voice support for Roe v. Wade as governor of Massachusetts. These days, though, Romney says he is “pro-life” and that abortion should be “limited to only instances of rape, incest, or to save the life of the mother.” But the Human Life Amendment he has supported would go much further.
For years, social conservatives have tried and failed to get the two-thirds majority necessary to pass a Human Life Amendment in Congress. Rather than overturning Roe and sending the abortion debate back to the states, the majority of these measures have redefined personhood as beginning at conception—thus extending legal and constitutional rights to fertilized eggs.
The most recent effort on this front is HR 212, Rep. Paul Broun’s (R-Ga.) “Sanctity of Human Life Act.” As Mother Jones’ Nick Baumann has reported, the language of Broun’s bill is nearly identical to Mississippi’s recently defeated personhood amendment, granting “all the legal and constitutional attributes and privileges of personhood” at the point of fertilization. Like the Mississippi amendment, the federal measure would not only outlaw all abortions, but it could also make some types of birth control, in vitro fertilization, and medical interventions for a pregnant woman’s health illegal.
Despite publicly supporting this type of measure in the past, Romney is still trying to play both sides of the issue. In a September debate, Romney was asked explicitly whether he would support a Human Life Amendment. He said he believes that the Supreme Court should return the decision on abortion to the states and promised he would appoint judges who would do just that. As to whether Congress should act to draft a constitutional amendment that includes the unborn, he argued:
That would create obviously a constitutional crisis. Could that happen in this country? Could there be circumstances where that might occur? I think it’s reasonable that something of that nature might happen someday. That’s not something I would precipitate.
The fight over personhood grew much more heated in the weeks following the September debate, and Romney’s position shifted yet again. Asked about personhood during an October television appearance, Romney said that if he had been presented a bill that defined life as beginning at conception while governor of Massachusetts, he “absolutely” would have signed it. He has also made clear that he believes life begins at conception.
As Jason Salzman points out on his blog for the Rocky Mountain Media Watch, Romney has flip-flopped repeatedly on this subject. So does Romney support a federal law that defines “personhood” as beginning at conception, or not?
Romney’s team has tried to finesse the issue, arguing that although he endorses a federal Human Life Amendment, he also thinks that that abortion should be a state-level decision.
That’s not a coherent argument. In order to amend the Constitution, two-thirds of Congress and three-quarters of the states must approve the change. That’s a high bar. But after an amendment passes, the states can’t pick and choose which parts of the Constitution they like. If the Constitution were amended to say a fertilized egg is a legal person, state law would have to be brought in line with the new constitutional reality. It would be as if every state had passed the Mississippi personhood amendment.
“Anywhere they give legal rights to and define ‘person’ as beginning at fertilization, you have the ‘personhood’ effect,” explains Alexa Kolbi-Molinas, a staff attorney at the ACLU’s Reproductive Freedom Project.
Such a change would not simply be a reversal of Roe. “If there’s a Human Life Amendment that gives unborn children the rights of people under the 14th Amendment, then it wouldn’t go back to the states,” says Suzanne Novack, a senior staff attorney at the Center for Reproductive Rights. “It would be the law of the land.”
Romney’s flip-flops on personhood don’t help him politically. But they do fit in with the broader goals of personhood advocates. The movement’s measures aren’t likely to pass, and if they did, they would inevitably be challenged in court. But although personhood measures have failed everywhere they’ve been tried so far, the sustained effort has managed to put the issue on the national stage.
Instead of arguing about whether abortion is a woman’s legal right, people are fighting over whether to issue passports to the unborn. “It’s really broadening what the anti-abortion movement is going after and trying to force candidates to go there with them,” Kolbi-Molinas says. For the personhood movement, getting GOP presidential contenders like Romney to weigh in on their issue is a win in itself.
By: Kate Sheppard, Mother Jones, November 22, 2011
If Newt Doesn’t Implode, Could the GOP Stop Him?
One question posed by the bizarre rise of Newt Gingrich is whether or not he will implode in the Spinal Tap drummer pattern experienced by every other candidate who has challenged Mitt Romney. A second question is whether, failing that, the Republican Party can actually stop him. A third question is whether the Party actually wants to stop him. Let’s consider them in order.
Gingrich is notoriously erratic. But we are only six weeks away from the Iowa caucuses. It is possible that Gingrich manages to hold it together between now and then. And should he win Iowa, he may challenge Romney in New Hampshire (possibly with some help from Jon Huntsman), or at the very least gain enough momentum to overcome him in South Carolina and beyond.
Even assuming away any future meltdown, Gingrich is laden with personal and ideological baggage. Yet he seems to have perfected a smart strategy for deflecting any hostile attention: Attack the media. Gingrich’s incessant and often unprovoked media-bashing is one of the keys to his success. It converts every question about him into a tribal contest between conservatives and the hated Other.
The possible flaw in this strategy would be if right-wing media decide to go after Gingrich. Newt would be in trouble if Fox News started to harp on his marital history or past support for cap and trade. That could happen if Roger Ailes and various party poobahs emerge from their mountaintop castle and decide to anoint Mitt Romney as the nominee.
That would be the obviously sane course of action. Both observable evidence and common sense suggest that Romney would make a far stronger candidate. But Republicans have been disregarding political common sense with increasing frequency. Having the whole House vote for a budget that cuts taxes for the rich and privatizes Medicare yet stands no immediate chance of passage is not a smart idea. Nominating Sharron Angle and Christine O’Donnell is not a smart idea. There is less and less of a sense that those mountaintop castle meetings are actually working the way they’re supposed to.
At one level, it seems completely insane to not nominate Romney. Yet there is a logic to it. The worst thing that can happen to you as a party is for your president to compromise away your agenda, and party unity is far easier to organize in the opposition. The Republicans can block any plan to put a price on carbon emissions by President Obama. All the purists and all the party loyalists will vote as a block to stop it.
But suppose President Romney decides he wants to tackle cap and trade? He’ll split the party between purists, who will vote against Romney’s climate plan, and loyalists, who would be happy to vote for a Romney-endorsed plan, which they would oppose if put forward by Obama. And then support for cap and trade will be marginalized as a position, just as opposing any Medicare drug benefit was marginalized after George W. Bush supported it. In the long run, keeping your party together is more important than winning. You can always come back from a loss, but you can’t come back from apostasy. Another way to put that is, as a liberal, I’d much rather have a Republican president dedicated to a flat tax than a Democratic president dedicated to a flat tax.
Now, the tricky thing with Gingrich is that he is not exactly a perfect vehicle for right-wing purity. But if you view Gingrich’s positions as a graph, with erratic spikes to the left (support cap and trade!) and to the right (fight the secular socialist machine!), the general thrust is still one of maximal partisan conflict. If I’m a Republican, I worry a lot less about Gingrich selling me out than Romney selling me out.
By: Jonathan Chait, New York Magazine, November 18, 2011
The Consistently Inconsistent Mitt Romney
Mitt Romney, blessed with a series of self-destructing opponents, still needs to come up with a better way to address his history of flip-flops. His current argument boils down to asking voters, “Who are you going to believe, me or your lying ears?” This is not going to fly.
Romney made the jaw-dropping claim to a New Hampshire editorial board that his problem wasn’t flip-flopping — it was being insufficiently robotic. “I’ve been as consistent as human beings can be,” the former Massachusetts governor insisted. “I cannot state every single issue in exactly the same words every single time, and so there are some folks who, obviously, for various political and campaign purposes will try and find some change and draw great attention to something which looks like a change which in fact is entirely consistent.”
Pressed during the CNBC debate Wednesday night, Romney repeated his consistency argument — this time topped off with an ode to his long-lasting marriage and an attack on President Obama.
“I think people understand that I’m a man of steadiness and constancy,” he said. “I don’t think you are going to find somebody who has more of those attributes than I do. I have been married to the same woman . . . for 42 years. I have been in the same church my entire life. I worked at one company, Bain, for 25 years. . . . I think it is outrageous the Obama campaign continues to push this idea, when you have in the Obama administration the most political presidency we have seen in modern history. . . . Let me tell you this, if I’m president of the United States, I will be true to my family, to my faith, and to our country, and I will never apologize for the United States of America.”
In court, this answer would be ruled non-responsive. Romney’s ability to stick to a marriage longer than, say, Newt Gingrich or to keep a job is not what’s at issue. The question, and it’s a legitimate one for anyone who has spent even a glancing amount of time examining Romney’s record, is whether he shifts ideological position with the political winds. Fidelity to one’s marriage or one’s religion says something about a candidate’s character, but it does not deal with the flip-flop question. Neither does a jab, justified or not, at the opposition.
“I will never apologize for the United States of America” does not respond to the question: Why did you change your positions on abortion, gun control, gay rights, climate change, immigration — even on Ronald Reagan?
If I were a Republican voter legitimately worried about Romney’s ideological shape-shifting, I would be insulted by this attempt to change the subject.
Perhaps, given the weakness of the opposing candidates, Romney can still skate by. After Wednesday’s gaffe, Texas Gov. Rick Perry is nearly finished. Voters don’t want to see Mr. Oops — or Mr. Giddy in New Hampshire — negotiating with a foreign leader.
Former Godfather’s Pizza chairman Herman Cain is one data point of corroboration away from imploding. Even if nothing more emerges to bolster the substance of the sexual harassment allegations against him — and two financial settlements plus an on-the-record allegation seems too much to disbelieve — his ham-handed handling of the story is nearly disqualifying on its own.
As to the notion that former House speaker Newt Gingrich could emerge as the anti-Romney — that’s hard to imagine. Gingrich’s attack-the-media-at-the-first-opportunity strategy is not going to get him very far even with Republican primary voters. He makes Romney look like the guy you want to hang out with.
But Romney’s failure to rise in the polls even as his opponents flail suggests that the flip-flop issue isn’t going away. There’s no magic solution to this problem. You can’t give a speech on flip-flopping. But flip-flop denialism isn’t going to work — especially when it is so easy to go to the videotape.
Indeed, Romney has even flip-flopped on whether he’s flip-flopped. In New Hampshire, Romney pointed to gay rights as “one of those areas where I’ve been entirely consistent,” opposed to workplace discrimination but also against same-sex marriage. Yet appearing on NBC’s “Meet the Press” four years ago, Romney acknowledged changing his view on whether federal law should prohibit discrimination on the basis of sexual orientation; he once supported federal protection, then said it should be a state matter.
“If you’re looking for someone who’s never changed any positions on any policies, then I’m not your guy,” Romney said then.
Except, of course, when he is.
By: Ruth Marcus, Opinion Writer, The Washington Post, November 10, 2011
With Economic Plans, GOP Abandons Middle Class Entirely
I have watched with a truly curious sense of amazement as the Republicans, especially the presidential candidates, have stuck it to the middle class.
What have they been thinking with their tax plans and their relentless pursuit of even greater tax-cut largess for the very wealthiest of Americans? What do they have against the middle class, those who have seen their incomes drop by 4.8 percent this past decade, according to a report in the Wall Street Journal?
The latest Republican proposal made to the Senate’s Gang of 12 “supercommittee” is to lower the tax rate on the top wage earners from 35 percent to 28 percent; this on top of the temporary tax cut that Bush provided. The Republicans propose various revenue increases to help reduce the budget deficit but take them away with this giveaway to the wealthy.
Once again, the middle class is left holding the bag, watching as they get stuck with less take-home pay and more expenses for rent, mortgage, college tuition, basic essentials.
Let’s look at the Republican presidential candidates‘ tax proposals. Governor Perry has proposed a huge tax windfall for those whose income averages over a million dollars. For those millionaires and billionaires, he would give them a $512,733 average tax break! How can that possibly be justified since these wage earners have seen a 385 percent increase in their wealth over the last 20 years?
Perry’s plan would actually see tax rates go up for those who make less that $50,000, according to the Tax Policy Center.
Herman Cain’s pie in the sky 9-9-9 plan would see the poor and middle class lose with a 15.8 percent drop; those families who make the average of $49,445 would see their effective tax rate go from 14.3 percent to 23.8 percent, according to the Tax Policy Center.
The Romney tax plan is more of the same. More tax cuts for the wealthy: 67 percent of his lower capital gains taxes would go to millionaires; 50 percent of the continuation of the Bush tax cuts go to the top 5 percent of wage earners.
The policy prescriptions we are seeing from Republicans as we approach 2012 are coupled with a complete lack of explanation of why it is important to help middle-class families. All their rhetoric is ideological—anti-Washington, anti-government, anti-taxes. They have drunk the Grover Norquist Kool-Aid, even to the detriment of those families struggling to make it in a tough economy.
The benefits go to Wall Street, not Main Street; the analyses of all the tax plans clearly point to giveaways to those top 2 percent of Americans, with the squeeze put on those in the middle.
As they campaign in the next 12 months, the Republicans will find it increasingly difficult to make the case that they stand for hard-working, middle-class families. This could well be their downfall come next November.
By: Peter Fenn, U. S. News and World Report, November 9, 2011