“The New Wedge Issue”: It’s A Scary Time To Be A Woman
Last Friday, the Obama campaign released an ad in several swing states attacking Mitt Romney for his stance on abortion. “It’s a scary time to be a woman—Mitt Romney is just so out of touch,” says a woman named Jenni. A narrator explains that Mitt Romney opposes requiring insurance coverage for contraceptives, supports overturning Roe v. Wade, and once backed a bill that would outlaw all abortion, even in cases of rape or incest. The ad concludes: “We need to attack our problems, not a woman’s choice.”
In recent elections, presidential candidates have been wary of diving into explosive abortion politics; in 2008, only $4 million was spent on abortion-related advertising, compared with $39 million on budget-related ads or $88 million on environmental ones. It’s an issue the public remains divided on. According to Gallup, the proportion of Americans identifying as “pro-choice” hit a record low of 41 percent this year, while those describing themselves as “pro-life” hovered around 50 percent. “The minute you take positions on the abortion issue, there are a lot of people you’re alienating,” explains Susan Carroll, a Senior Scholar at the Center for American Women and Politics at Rutgers University. “Usually, candidates try to run away from the issue.” So why is the Obama campaign running toward it?
One reason might be to remind voters of the “War on Women.” Republican lawmakers’ and presidential candidates’ ugly policy proposals this spring—forcing vaginal ultrasounds, defunding Planned Parenthood, weakening the Violence Against Women Act, fighting access to contraception—created an opportunity for Democrats to shave off women voters from the GOP. President Obama had the support of fewer than half of women under 50 in February; by April he was polling above 60 percent, outgunning Romney 2-to-1. But the gap has narrowed in recent months. The Obama ad serves both to remind women of the GOP’s recent history and to tie Romney to the attack on reproductive rights.
Still, the question remains why the Obama campaign didn’t stick to safer ground, focusing on the GOP’s attacks on contraception or maternity care—both broadly unpopular. The answer lies in the Republican Party’s shift to the right. A decade ago, between 30 and 40 percent of Republicans identified as pro-choice. This May, that number was a scant 22 percent. It’s hard to know whether that’s the result of Republicans changing their minds about abortion, or pro-choice respondents ceasing to identify as Republicans. But the result is the same: The party is increasingly uniform in its opposition to abortion.
This, in turn, has opened up an opportunity for Democrats. For most Americans, the abortion question is not all-or-nothing—it’s about where one draws the line. Opinion polling on abortion is highly sensitive to phrasing; despite a majority of the country identifying as “pro-life,” polls also consistently show that a majority of respondents supports access to abortion in at least some circumstances. Politicians have been walking this tightrope for years—“I’m personally pro-life but believe in a woman’s right to choose”; “I believe the issue should be left up to the states to decide”; “Abortion should be safe, legal, and rare.” With the GOP moving further to the right, a wider space has opened for Democrats to pick up abortion moderates. As Ed Kilgore wrote in Washington Monthly earlier this year, if a woman’s right to choose continues to be eroded around the country, it could become more likely that the quiet pro-choice sentiments of the American majority will emerge as a political force.
Romney, meanwhile, is feeling the squeeze. His campaign has disputed the charge that the former Massachusetts governor wants to ban abortion in all circumstances, pointing to remarks he’s made that he supports exceptions for rape, incest, and maternal health. But Romney is limited in how forcefully he can counter the Obama team’s claims lest he upset the conservative base. It’s the basic problem Romney faces across the board: He must appease absolutists while still appearing reasonable enough for the general election. It’s a balancing act the Republican Party’s standardbearers are going to have to struggle with as long as the party champions ideological purity.
By: Daniel Townsend, The American Prospect, August 2, 2012
“Obeying The Supreme Court Is Optional”: Rand Paul Suggests Congress Can Simply Ignore Roe v. Wade
Earlier today, the National Review’s mailing list distributed an email (which can also be found here) signed by Sen. Rand Paul (R-KY), which called for Congress to pass a law effectively rendering a binding Supreme Court decision a nullity:
Working from what the Supreme Court ruled in Roe v. Wade, pro-life lawmakers can pass a Life at Conception Act and end abortion using the Constitution instead of amending it. . . . Signing the Life at Conception Act petition will help break through the opposition clinging to abortion-on-demand and get a vote on this life-saving bill to overturn Roe v. Wade.
A Life at Conception Act declares unborn children “persons” as defined by the 14th Amendment to the Constitution, entitled to legal protection.
It’s not entirely clear why Paul believes Congress has this power, and the email he signed does not provide a fully developed legal argument making the case for such an law. Instead, it appears to argue that Congress can simply grant full legal “personhood” status to fetuses under the 14th Amendment because Roe left open “the difficult question of when life begins.” This is not a correct reading of the Roe decision, however. The Roe opinion is unambiguous that “the word ‘person,’ as used in the 14th Amendment, does not include the unborn.”
Whether one agrees with this opinion or not, Congress does not have the power to flout the Supreme Court’s constitutional decisions simply because it does not like them. As ThinkProgress explained when a similar proposal was floated last year by Princeton Professor Robert George, “[i]n City of Boerne v. Flores, the Court held that Congress is not allowed to simply declare that the 14th Amendment means whatever they want it to mean and then use that declaration to pass enforcement legislation — Congress can only pass laws enforcing existing 14th Amendment rights.”
Just as importantly, there is something very bizarre about a conservative stalwart like Rand Paul insisting that obeying the Supreme Court is optional at exactly the same time conservatives are trying to impose much of their policy agenda upon the nation by judicial decree. Presumably, Paul would be outraged if President Obama simply refused to obey a Supreme Court decision striking down part of the Affordable Care Act or if elections officials were to ban corporations from trying to buy elections despite the justices’ decision in Citizens United. Yet, if Roe v. Wade is as optional as Paul appears to think that it is, than there is no reason why Obama should feel obliged to obey conservatives’ pet decisions either.
By: Ian Millhiser, Think Progress, May 14, 2012
“Leaving Them Behind”: Mitt Romney’s Top Five Assaults To Women’s Health
Mitt Romney is not doing well with women voters. A new USA TODAY/Gallup poll shows that President Obama is faring much better than Mitt Romney in the swing states that will likely decide the next President of the United States – and women are part of the reason why. Of women under 50 years old, only 30 percent support Romney, while over 60 percent back the President.
The lack of support is mutual. Romney’s record on women’s health is hardly strong, and women voters, especially the young voters who tend to be pro-choice and pro-contraception, are likely responding to Romney’s affront on these issues. But it hasn’t always been this way. Over the course of his 2008 and 2012 campaigns for the presidency, Romney has moved significantly to the right on almost all women’s health issues. He calls it “evolving,” but, to many women, the “etch a sketch” candidate is just leaving them behind.
Need proof? Here are Mitt Romney’s top five attacks on women’s health:
1. He’s going to ‘get rid of’ Planned Parenthood. In his most blatant attack on basic women’s services, Romney made this claim: “Planned Parenthood, we’re going to get rid of that.” Of course, as a Presidential candidate Romney surely knows that Planned Parenthood provides essential medical services, primarily to low-income women, including mammograms and pap smears, as well as important family planning services. Romney has pledged to defund Title X, a program that provides family planning services.
2. Romney supports the Blunt Amendment which would allow employers to deny health insurance coverage on the basis of moral objections — a rule aimed at allowing employers to opt out of providing benefits that undermined their consciences, including contraceptive coverage. But as governor of Massachusetts, Romney required all health care providers– including Catholic hospitals — to offer emergency contraception to rape victims.
3. Romney is fighting a covert battle against contraception, even if he is doing his best not to call it that. While Romney used to be firmly pro-choice and pro-contraceptives, he has positioned himself in the campaign to be a fighter of morality, saying that the Affordable Care Act (ACA) imposes a “secular vision on America” by requiring employers to provide contraceptives in their insurance coverage. He is also misleading the public on what the ACA will do for women.
4. Romney failed to condemn Rush Limbaugh’s characterization of Sandra Fluke as a “slut.” Romney said “it’s not the language I would have used,” but refused to go any further in condemning Limbaugh’s attacks on the Georgetown Law student who testified in support of the ACA’s contraceptive rule. In not standing up for basic women’s rights, Romney’s complacency is as good as consent.
5. Romney supports restricting access to abortions. He has called Roe v. Wade “one of the darkest moments in Supreme Court history.” He’s even said that he’d support state constitutional amendments to define life at conception, which would effectively outlaw abortions under any circumstance.
By: Annie-Rose Strasser, Think Progress, April 2, 2012
Clarence Thomas Mentee: “No One Would Notice If Roe V. Wade Were Overturned”
Wendy Long, a conservative judicial activist challenging Sen. Kirsten Gillibrand (D-NY) said yesterday that no one would miss Roe v. Wade, the landmark Supreme Court case that legalized abortion, if it were overturned. Long clerked for Supreme Court Justice Clarence Thomas and served as a counsel for the conservative Judicial Confirmation Network, but is perhaps best known for spearheading several inaccurate race baiting attacksagainst Justice Sonia Sotomayor during her confirmation process.
Long made the abortion comment to Capital New York’s Reid Pillfant at the Manhattan GOP’s annual Lincoln Day Dinner last night:
“I think there is a universal understanding among the legal community that Roe v. Wade was a very flawed legal decision,” she said. “It’s a horrible decision from a constitutional law standpoint, and even liberal law professors will tell you that.
“I believe that the issue of abortion should be left to the people to decide. The Constitution doesn’t mention the word abortion. So I think that’s what it’s really all about. And if Roe v. Wade were overturned tomorrow, nobody would even notice, because the states are legislating their own laws about abortion, completely independent.”
Republican-controlled legislatures are attempting to restrict women’s access to abortion services, but Roe is preventing them from outlawing abortion entirely. Should the precedent be overturned, a lot of women would almost certainly notice as plenty of states would criminalize the procedure.
By: Alex Seitz-Ward, Think Progress, February 24, 2012
“Warning, Warning”: Mitt Romney Is Out of Flops on Abortion
Lots of politicians, and quite a few presidential candidates, have changed their minds on abortion. This is partly because, in its broadest terms, it is a weighty, complex issue with a legitimate case to be made on both sides, even if one side has a stronger case (I’m not talking here about subsidiary issues like parental consent or the despicable laws requiring women to get ultrasounds or anything like that, just the basic question of whether abortion is right or wrong). It’s also because in recent years, both parties have tolerated less and less deviation on the issue, particularly in anyone who wants to be their presidential nominee. There are still a few pro-life Democrats (like Harry Reid) and pro-choice Republicans (like Olympia Snowe), but the days when someone could hope to get on a national ticket without toeing the line on abortion are gone.
So if you’ve been around a while, there’s a chance you held one belief in your early years, but then moved to align with your party later on. This is what happened, for instance, to George H.W. Bush (a great advocate of reproductive rights in his early years as a member of Congress) and Al Gore (who started off his career pro-life). Chances are most people don’t even know that about Bush or Gore, but people sure do know that Mitt Romney changed his views on abortion. Why? A few reasons.
First, it happened very recently—over a period between 2004 and 2005, when he was moving toward his first run for president. Second, there’s lots of video of Romney loudly declaring his pro-choice position and promising to be a vigilant guardian of a woman’s right to choose. Third, he has flipped on a lot of things, so the abortion change fits in with a broader impression of Romney as opportunistic and unprincipled. And finally, Romney has never offered an explanation of why he changed that Republican voters find persuasive.
So today, Will Saletan offers a long, exhaustive story about Romney’s history with abortion, documenting every movement on the issue over Romney’s career, and all the ways (many of them shamelessly dishonest) that he has tried to justify those movements:
When you see the story in its full context, three things become clear. First, this was no flip-flop. Romney is a man with many facets, groping his way through a series of fluid positions on an array of difficult issues. His journey isn’t complete. It never will be. Second, for Romney, abortion was never really a policy question. He didn’t want to change the law. What he wanted to change was his identity. And third, the malleability at Romney’s core is as much about his past as about his future. Again and again, he has struggled to make sense not just of what he should do, but of who he has been. The problem with Romney isn’t that he keeps changing his mind. The problem is that he keeps changing his story.
Saletan paints Romney’s history of changes on abortion like everything else about Romney: careful, methodical, planned, full of rewritings of the past, and utterly devoid of any discernible principle or genuine sentiment.
If he gets elected, though, will Romney be different in any meaningful way from a candidate who had been anti-abortion all his or her life? Let’s look at what he’ll actually do. He’ll instantly reinstate the Mexico City Policy that bans U.S. support for any group that even suggests abortion overseas, pushing that pendulum back to the Republican side. He’ll sign any legislation Congress might come up with restricting reproductive rights. And perhaps most importantly, he’ll appoint to federal courts, and to the Supreme Court, judges who want to overturn Roe v. Wade. If Romney were elected and one of the five justices who currently support Roe (Kennedy, Breyer, Ginsburg, Kagan, and Sotomayor) retires or dies, he will absolutely, positively appoint a successor who is ready to overturn Roe.
Because he doesn’t have much choice, whatever he believes deep down. He has to dance with the one who brung him, and the Republican party will simply not tolerate anything less. Republicans may fear that he’ll get to the White House and suddenly shift back to being pro-choice, but that simply isn’t going to happen. Try to imagine the category-5 shitstorm that would result if a President Romney nominated someone to the Supreme Court that Republicans felt was a less-than-reliable vote to overturn Roe. If he was in his first term, he’d immediately get primary challengers. If he was in his second term, they’d try to impeach him. Even if most Americans don’t want to overturn Roe, the political cost of another shift for Romney would just be too high. And it’s hard to argue that for him, there’s any other calculation to be made.
By: Paul Waldman, The American Prospect, February 22, 2012
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