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  • Abortion Could Matter Even More in 2024

    Abortion Could Matter Even More in 2024

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    Last month, during a meeting of Democrats in rural southwestern Iowa, a man raised his hand. “What are three noncontroversial issues that Democrats should be talking about right now?” he asked the evening’s speaker, Rob Sand, Iowa’s state auditor and a minor state celebrity.

    I watched from the side of the room as Sand answered quickly. The first two issues Democrats should talk about are new state laws dealing with democracy and education, he told the man. And then they should talk about their support for abortion rights. “People in the Iowa Republican Party and their activist base” want to “criminalize abortion,” Sand said.

    I registered this response with a surprised blink. Noncontroversial? Democrats in competitive states, and especially committed centrists like Sand, aren’t usually so eager to foreground abortion on the campaign trail. This seemed new.

    Ascribing a narrative to some elections is easy. The past two midterm cycles are a case in point. The Democrats’ 2018 blue wave, for example, will go down as a woman-led backlash to a grab-’em-by-the-groin president. In 2022, Democrats performed better than expected, according to many analysts, because abortion rights were on the ballot. Now, a year after the Supreme Court overturned Roe v. Wade, Democrats want to do it again.

    They’re betting that they can re-create and even supercharge their successes last year by centering abortion rights in their platform once again in the lead-up to 2024. They want all of their elected officials—even state auditors—talking about the issue. “If we can do all that, we’re gonna be telling the same story in December 2024 that we told in 2022,” Yasmin Radjy, the executive director of the progressive political group Swing Left, told me.

    But this time, Republicans might be better prepared for the fight.

    After the leaked draft opinion before the Dobbs decision last May, many in Washington assumed that abortion would fade from voters’ minds by the time November rolled around. “As we get further away from the shock of that event, of Roe being overturned, you don’t think that … people will sort of lose interest?” CNN’s Don Lemon asked the Democratic political strategist Tom Bonier in September 2022. People did not. Two months later, Democrats celebrated better-than-expected results—avoiding not only the kind of “shellacking” that Barack Obama’s party had suffered in 2010, but the widely predicted red wave. The Democrats narrowly lost the House but retained control of the Senate, flipping Pennsylvania in the process. Abortion-rights campaigners won ballot measures in six states.

    “The lesson has been well learned,” Bonier told me last week. “This is an issue that is incredibly effective, both for mobilizing voters but also for winning over swing voters.”

    The latest polling suggests that the issue is very much alive. A record-high number of registered U.S. voters say that abortion is the most important factor in their decision about whom to vote for, and most of those voters support abortion rights, according to Gallup. Rather than growing less salient over time, abortion may even have gained potency: Roughly a quarter of Americans say that recent state efforts to block abortion access have made them more supportive of abortion rights, not less, according to a USA Today poll last week. Not only that, but recent data suggest that demand for abortion has not been much deterred, despite post-Dobbs efforts to restrict it.

    Americans have watched as Republicans in 20 states restricted or banned abortion outright, and activists took aim at interstate travel for abortions and the pill mifepristone. Stories about pregnant women at risk of bleeding out or becoming septic after being denied abortions have lit up the internet for months. All of this attention and sentiment seem unlikely to dissipate by November 2024.

    “Republicans ran races on this issue for decades,” the Democratic strategist Lis Smith told me. “You’re gonna see Democrats run on this issue for decades to come as well.”

    Already, Democratic activists plan to engage swing voters by forcing the issue in as many states as possible. So far, legislators in New York and Maryland have introduced abortion-related ballot measures for 2024. Similar efforts are under way in other states, including Florida, Arizona, Missouri, South Dakota, and Iowa.

    Smith and her fellow party operatives are confident that they’ve landed on a message that works—especially in purple states where candidates need to win over at least a few moderates and independents. The most successful Democrats last year anchored their abortion messages around the concept of personal liberty, Swing Left’s Radjy told me, because it was “the single issue that is equally popular among far left, far right, center left, and center right.” Radjy shared with me a research report that concluded: “With limited attention and resources, [candidates should] lead with the freedom to decide. Freedom is resonating with the base and conflicted supporters, as well as Soft Biden and Soft Trump women.”

    Smith echoed this reframing. “Republican politicians want to insert themselves into women’s personal medical decisions,” she said, by way of exemplifying the message. “They want to take away this critical freedom from you.” In her view, that gives Democratic candidates a decisive advantage: They don’t even have to say the word abortion; they only have to use the language of freedom for people to be receptive.

    Joe Biden has never been the most comfortable or natural messenger on abortion. But even he is giving the so-called freedom framework a try. Freedom is the first word in the president’s reelection-announcement ad. Republicans, he says in a voice-over, are “dictating what health-care decisions women can make”; they are “banning books, and telling people who they can love.”

    It’s helpful, Democratic strategists told me, that the Republicans jockeying for the presidential nomination have been murky at best on the issue. Former South Carolina Governor Nikki Haley held a press conference in April to explain that she sees a federal role in restricting abortion, but wouldn’t say what. Senator Tim Scott of South Carolina was foggy on his own commitments in interviews before appearing to support a 15-week national ban. Florida Governor Ron DeSantis, who recently signed a six-week limit on abortion, talks about that ban selectively. The leader of the primary pack, Donald Trump, has said that abortion laws should be left to the states, but told a reporter recently that he, too, is “looking at” a 15-week restriction.

    Trump clearly wants to appease the primary base while keeping some room to maneuver in the general election. But if he’s the nominee, Democrats say, he’ll have to answer for the end of Roe, as well as the anti-abortion positions advocated by other Republicans. “When I worked for Obama in 2012, as rapid-response director, we tied Mitt Romney to the most extreme positions in his party,” Smith told me. If Trump is the abortion-banning GOP’s nominee, they will “hang that around his neck like a millstone.”

    I found it difficult to locate Republican strategists willing to talk with me about abortion, and even fewer who see it as a winning issue for their party. One exception was the Republican pollster and former Trump adviser Kellyanne Conway, who says that Republicans can be successful in campaigning on abortion—if they talk about it the right way. At a press conference celebrating the anniversary of the Dobbs decision, hosted by the anti-abortion group Susan B. Anthony List, Conway seemed to take a swipe at the former president—and the rest of the wishy-washy primary field. “If you’re running to be president of the United States, it should be easy to have a 15-minimum-week standard,” she said.

    To win on abortion is to frame your opponent as more extreme, and Democrats have made that easy, says Conway, who also acts as an adviser to the Republican National Committee. Broad federal legislation put forward by Democratic lawmakers last year, in response to the Dobbs leak, would prevent states from banning abortion “after fetal viability” for reasons of the mother’s life or health. Republicans claim that this means that Democrats support termination at all stages of pregnancy. Voters may not like outright bans on abortion, but they also generally don’t support abortion without limits. Conway advises Republican candidates to explain to voters whether they support exceptions for rape, incest, and the life of the mother, and get that out of the way—and then demand that their Democratic opponents define the time limits they favor. “I’d ask each and every one of them, ‘What are your exceptions? I’ve shown you mine,’” Conway told me.

    Conway’s bullishness is belied by what some of her political allies are up to. While Democrats are pushing for ballot measures that will enshrine abortion rights into law, Republicans are trying to make it harder to pass state constitutional amendments. For example, after it became clear that a ballot measure could result in new abortion protections being added to the Ohio Constitution, state Republicans proposed their own ballot measure asking voters in a special election later this summer to raise the threshold for passing constitutional amendments.

    This scheme does not demonstrate faith that a majority of voters are with them. But it does set up Ohio as the first practical test of abortion’s salience as a political issue in 2024. If Democrats can get their voters to show up this August in the name of abortion rights, maybe they can do it next year too.

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    Elaine Godfrey

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  • Nikki Haley’s Dilemma Is Also the Republicans’ Problem

    Nikki Haley’s Dilemma Is Also the Republicans’ Problem

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    Republicans have had 10 months to hammer out a coherent post-Roe message on abortion. You would think they’d have nailed it by now.

    Yet on Tuesday, Nikki Haley set out to declare her position on the issue—and proceeded to be about as clear as concrete.

    She began with plausible precision. “I want to save as many lives and help as many moms as possible,” the former South Carolina governor and ambassador to the United Nations told reporters gathered at the Susan B. Anthony Pro-Life America headquarters, in Northern Virginia—a press event billed as a “major policy speech.” But her statements quickly got squishier. It’s good that some states have passed anti-abortion laws in the past year, she said. And as for the states that have reacted by enshrining abortion-rights protections? Well, she wishes “that weren’t the case.”

    And then she seemed to channel Veep’s Selina Meyer. “Different people in different places are taking different paths,” Haley said, with a self-assurance that belied the indeterminacy of her words.

    Questioning whether any national anti-abortion legislation would ever pass, Haley did gesture at a need for some action. “To do that at the federal level, the next president must find national consensus,” she said. As for what that might look like, she had no words. And she took no questions.

    Some people seemed to like Haley’s speech, in a tepid way. She sounded human when she described how her husband had been adopted, and how she’d struggled with infertility. “Ms. Haley deserves credit for confronting the subject head on, with a speech that wasn’t sanctimonious or censorious,” The Wall Street Journal’s editorial board wrote, before concluding, “The party could do worse than Ms. Haley’s pitch.” But it could do better—or at least do with something more specific.

    Leaders of the self-described pro-life movement were predictably annoyed at Haley’s conciliatory-sounding vagueness. “Disappointing speech by @NikkiHaley today. Leads with compromise & defeatism, not vision & courage,” Lila Rose, who heads the group Live Action, tweeted. “We agree that consensus is important, but to achieve consensus we will need to stake out a principled position,” wrote Kristan Hawkins, the president of Students for Life of America.

    Even Haley’s hosts seemed on the wrong page. “We are clear on Ambassador Haley’s commitment to acting on the American consensus against late-term abortion by protecting unborn children by at least 15 weeks,” Marjorie Dannenfelser, the president of Susan B. Anthony Pro-Life America, said in a statement sent to me. But a few hours later, Team Haley emailed me to correct the record: “She committed to working to find a consensus on banning late-term abortion. No specific weeks,” Nachama Soloveichik, Haley’s communications director, wrote. Not only did Haley alienate both sides—she confused them!

    Haley is in a tough spot, as are all of the Republican presidential wannabes. They each have their own personal convictions on abortion; former Vice President Mike Pence, for example, has been outspoken in his support for a national ban. But they’re up against an issue that seems to have cost their party a string of recent elections. Most Americans believe that abortion should be accessible, with some limits.

    The “consensus” position, then, is somewhere in the foggy zone between no abortion ever and abortion whenever. But primary elections tend to push candidates toward one extreme or another. “The gap between what the base demands and what swing voters will tolerate has gotten really wide,” Sarah Longwell, the publisher of the Never Trump site The Bulwark, told me. “Nowhere is this more true than on abortion.”

    What all politicians need to do “is settle on a position they believe they can defend, and they need to repeat it consistently and clearly,” Whit Ayres, a Republican strategist, told me. “Any politician whose position on abortion is vague will be wrapped around the axle eventually with questions and doubts about where they actually stand.”

    Some GOP candidates have followed Ayres’s advice. But much axle-wrapping has occurred already in the early days of the 2024 primary season.

    Asked on the campaign trail whether he’d support a 15-week federal ban on abortion, Senator Tim Scott of South Carolina told CBS, “I do believe that we should have a robust conversation about what’s happening on a very important topic,” before pivoting so hard to an anecdote about Janet Yellen that I thought he’d need a neck brace. In a follow-up interview, Scott backtracked, clarifying that as president, he would “literally sign the most conservative pro-life legislation” Congress sent to his desk.

    Florida Governor Ron DeSantis, who is expected to mount a presidential bid, did approve a very conservative state law recently—a six-week abortion ban. But he signed that legislation in the dead of night earlier this month, while most people in Tallahassee were probably in bed. (By contrast, last year, he celebrated the signing of a 15-week ban with a big party at a church.) The following day, DeSantis gave a speech at a Christian university full of students who are opposed to abortion, yet said nothing about his major legislative achievement. He’s mostly stayed quiet about it since—even at glad-handing events in early primary states.

    So far, the only confirmed presidential candidate who seems clear on his position and keenly aware of the political optics is Donald Trump. Despite being hailed by anti-abortion activists as the “most pro-life president” in history, Trump has never been rigid on abortion (probably because he supported abortion rights for most of his life as a public figure), and he doesn’t talk much about the issue now. But a spokesperson told The Washington Post recently that Trump “believes that the Supreme Court, led by the three Justices which he supported, got it right when they ruled this is an issue that should be decided at the State level.” Shorter Trump: I’ve done my bit—it’s up to the states now. God bless.

    If any national consensus on abortion exists, the GOP strategist Ayres said, Trump’s position “is pretty close” to it. Trump has always seemed to have “a lizard-brain sense of where the voters are,” Longwell said. “He has a relationship to the base, and he doesn’t have to pitch what he believes.” And, unlike DeSantis, Trump has never signed a law banning abortion at any stage, so it’ll be harder to pin him down. Sure, there’s an activist class that would like to see abortion banned in all cases. To them, Trump could reply, You got your justices. You’re welcome.

    Right now Trump and his lizard brain have a commanding lead in the GOP primary. His victory would set up an interesting general-election situation—a fitting one for our complicated post-Roe country: a former president who once personally supported abortion rights and is now politically opposed to them running against a sitting president whose own position on abortion is the exact opposite.

    Until a Republican presidential nominee emerges, we’ll hear many more Haley-esque platitudes that sound thoughtful and weighty but ultimately aren’t.

    “Whether we can save more lives nationally depends entirely on doing what no one has done to date,” Haley told reporters on Tuesday, before wrapping up her speech with—you could almost hear a drumroll—“finding consensus.” The waffling will continue, in other words, until the primary concludes.

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    Elaine Godfrey

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