Vague Promises on Roe Won’t Cut It

In bleak times amid onslaughts from the right there’s a tendency for many Americans on the liberal or leftward side of the political spectrum to attack the Democratic Party. Certainly the Democratic Party merits lots of criticism. But we should be clear on the particular roots of this reflex. When you feel angry and outraged you want to attack someone. The right doesn’t care about your attacks or your rage or your fears. Indeed, in our trolling era they relish them, laugh at the them, taunt you with them. The party that at least broadly lines up with your views, on the other hand, cares a lot. So it’s a much more appealing target.

I say this because it is a toxic tendency that we are all vulnerable to but should try to overcome. And I raise it here as preface to what I hope will be viewed as constructive criticism. Hopefully it is constructive because time is of the essence.

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One Poll

A new CBS News poll shows Americans see the Court decision overturning Roe as a “step backward” rather than a “step forward” by a 21 point margin. 59% of Americans disapprove of the decision. 67% of women disapprove of the decision. Almost exactly the proportion of Americans who disapprove of the decision support overruling it with a new federal law. That’s 58%. This is a YouGov poll and these results are if anything more favorable for the anti-Roe side than most. But it still shows a decision that is overwhelmingly unpopular. 50% of Democrats say they are more likely to vote because of the decision, 28% for indies and 20% for GOPs.

There’s little question that this lopsided reaction can turn a lot of close races. But there’s no way to do that without putting a clear post-election action on the table for voters to support.

GOP Rep Draws Backlash After Praising Overturn Of Roe As ‘Victory Of White Life’

Rep. Mary Miller (R-IL) has come under fire after she thanked former President Trump for appointing conservative judges who cast crucial votes to overturn Roe v. Wade, a ruling that she praised as a “historic victory for white life” during a Trump rally in Illinois on Saturday night.

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GOP Candidate Drops Out After Alleged Assault On Dem Rival At Abortion Rights Rally

A Republican candidate for Rhode Island state Senate dropped out of the race on Saturday after a video that went viral allegedly showed him punching his Democratic challenger in the face during an abortion rights rally in the wake of the Supreme Court’s overturning of Roe v. Wade.

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Susan Collins Is Shocked! Shocked! Claims Gorsuch And Kavanaugh Betrayed Her

Hours after the Supreme Court issued its Friday ruling overturning Roe v. Wade and, with it, the constitutionally protected right to an abortion, Sen. Susan Collins (R-ME) sat down with the New York Times to voice her surprise that we’ve ended up here.

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It’s Time To Get Focused on a 2022 Election Pledge

Sens. Warren and Smith have an op-ed in the Times today in which they say at the bottom of a lengthy and quite good article …

Ask every Senate candidate to commit to reforming the filibuster rules, so that the chamber can pass federal legislation protecting the right to reproductive freedom. If voters help us maintain our control of the House and expand our majority in the Senate by at least two votes this November, we can make Roe the law all across the country as soon as January.

Great. But for any of this to happen you are going to need at least a few senators to get the ball rolling. And getting the ball rolling means making a clear bumper sticker-like pledge and goading colleagues to sign on. It has to be at the top of the article not at the bottom of a laundry list at the end.

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Providers Stop Offering Abortions As Red States Pounce To Ban Procedure

With trigger laws banning abortions long waiting in the wings, abortion providers in red states are already, hours after the Supreme Court overturned Roe v. Wade, being forced to stop offering the procedure. 

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Welcome Back To A Pre-New Deal America

From a longtime reader and top echelon DC lawyer:

Agree with what you just wrote.  But don’t separate what the Court has done on guns and Roe—and what’s surely coming on affirmative action in the cases already granted for next term and what Justice Thomas is foreshadowing on other constitutional rights—from the Court’s decisions on federal agency authority.  And the long series of rulings whittling away at individuals’ ability to obtain relief in court when injured by violations of the Constitution and federal law—rights don’t mean much when there is no remedy for violations.

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