Josh Marshall

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Josh Marshall is the founder and Editor-in-Chief of TPM.

Trump Camp Says State Menstrual Surveillance Programs are A-OK Prime Badge
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One of the most toxic and politically explosive parts of the current abortion rights debate is tied the complexities and perhaps inanities of leaving national abortion policy up to individual states. And a comment yesterday from Trump spokesman Jason Miller put the question right back into the center of the campaign.

It’s not enough for many anti-abortion stalwarts to ban the procedure in their state. They want to ban legal drugs designed to induce abortion. They want to surveil and block women traveling to other states to obtain an abortion. One of the most threatening dimensions of these programs is that they threaten to make doctors and other medical professionals — who might give counsel on or simply know about a woman’s plans to obtain an abortion — responsible for reporting her actions. If you visit your OB-GYN and discuss traveling to another state to get an abortion, does your OB have to report you to the local sheriff? It applies to third parties who might assist a woman either in traveling to get an abortion or getting FDA-approved medications to induce an abortion at home. The cases we’ve already seen range the gamut from sheriff’s departments wanting to pull medical and travel records for evidence of pregnancies that ended for unexplained reasons, gaps in menstruation, trips out of state that coincided with a pregnancy not brought to term.

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On Language and Predation

From TPM Reader LS …

I had a different response to Trump’s words. At first it was visceral disgust mixed with fear. Then the memories kicked in. This is the kind of talk the man who raped me said.  It was some version of that I was going to like the experience, which was deeply untrue. And that I wouldn’t tell anyone if I knew what was best for me. 

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Managing Your Polling Habit, or Getting the Monkey Off Your Back

Our friend Rick Perlstein had a good piece in The American Prospect yesterday about polling and its pitfalls — both its pitfalls as a practice, with its evolving, imperfect methodologies, but also as something we political junkies obsess over. The gist of his argument is contained in the subhed: “Presidential polls are no more reliable than they were a century ago. So why do they consume our political lives?” I don’t think Rick quite sustains that claim fully. I’m not sure he’s actually trying to. But as is the case with many articles, its interesting enough for the points and the bits of history he shares along the way. The gist is that new methodologies keep working great until they suddenly don’t, and then it’s on to some new methodology. Then there’s the fact that for decades pollsters always seemed to stop polling too soon and miss big shifts at the ends of campaigns.

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Adams Indicted; Gotham Yawns Prime Badge
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When New York Mayor Eric Adams was elected in 2021, I told a number of people that I thought he’d either be a great mayor or end up getting indicted for something. A baseball player who bats .500 is a god. So I’m feeling reasonably good about this prediction. I tried to see whether I’d written this down somewhere. Back in December 2021 I wrote on Twitter that “I think there’s a lot about Adams that is really what the city needs. Most of the things. But also concerned that he’ll get indicted for something.” A month later I explained the basis of my largely misguided bullishness on Adams. “For clarity, I’m not cheering anything from the last three days. I think a mayor rooted in the politics of the city’s black middle class (which is Adams’ base) is better for the city today than rooted in the politics of liberals in Manhattan and Brooklyn.”

This general point I still believe.

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Words as Argument, Words as Aggression—Annals of the Semantics of Trumpism Prime Badge
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“You will no longer be abandoned, lonely or scared … You will be protected, and I will be your protector … Women will be happy, healthy, confident and free …You will no longer be thinking about abortion.” You’ve probably heard some combination of these lines and others more than once by now. Donald Trump first posted them on social media sites and then added them to the scripted part of his speech at a rally in Pennsylvania on Monday night. They’ve been greeted with a mix of consternation and mockery. I don’t want to speak for women. But I think it’s safe to say that any woman who has some meaningful investment in abortion rights and reproductive rights generally would find these words some mix of chilling, infuriating, bizarre and absurd. As I read them they essentially say, Only I can be and I will be your total protector. In fact, you will be so totally protected that you will cease to be who you are. Especially coming from a man known to be a serial predator and court-adjudicated rapist — “rape” being the ordinary word, according to the judge in the case, for the acts Trump was found to have committed — these words seem to describe less being protected than engulfed.

Perhaps most simply the words are, as a number of observers have put it, creepy.

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One More Nebraska Update

A quick update on the Nebraska electoral vote situation. As I noted yesterday, the key hold out in the state legislature, Mike McDonnell (R), said he was a definitive no. That pretty much signaled the end of the effort. Since they need his vote. Since then Sen. Deb Fischer also said it was over. And now Gov. Jim Pillen (R) has said he will no longer call a special legislative session to make the change. Given the nature of Trumpism, I don’t think anything is ever truly done. In Trumpism, an election result amounts to no more than an advisory opinion. But this looks as close as one gets to done. Done enough to take it off the front burner of concerns.

Things To Keep An Eye On Prime Badge
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I’ve been trying to get my head around a number of issues going on in the campaign. So today I’m just going to flag a few things to keep an eye on.

First, we have something that we’ve discussed a few times. Earlier this year, as part of the Trump campaign’s full takeover of the RNC, Trump’s campaign took field organizing away from the RNC and essentially outsourced it to a series of super PACs including Turning Point USA and Elon Musk’s America PAC. (Musk’s group is run by a team of former DeSantis campaign staffers.) That seemed to many like a risky and possibly self-destructive idea. In modern politics, ground operations are the main role of the national political parties during a presidential campaign. They have experience at it. Why would you hand it off to super PACs, which are often long on dollars but can lack basic institutional knowledge and experience?

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You’re Not In Nebraska Anymore

I wanted to update you on the situation in Nebraska that we discussed at the end of last week. In short, Republicans were making another run at changing Nebraska’s electoral vote allocation system to winner-take-all, a change which under an unlikely but not far-fetched scenario could hand Trump the presidency. That second bite at the apple looked particularly ominous since it appears that Maine may have lost its opportunity to make the same change and thus neutralize the effort in Nebraska. As we noted on Friday, trying doesn’t mean succeeding. And observers in Nebraska seemed at least skeptical that things had really changed since Republicans tried to do so at Donald Trump’s instigation. There were some articles out of the Nebraska press over the weekend that suggested there was still little chance Republicans could get the votes to make this change. But today we have a report out of Nebraska that the guy who seemed to be the pivotal vote seems to have given a categorical no. State Sen. Mike McDonnell (R) said: “Elections should be an opportunity for all voters to be heard, no matter who they are, where they live, or what party they support. I have taken time to listen carefully to Nebraskans and national leaders on both sides of the issue. After deep consideration, it is clear to me that right now, 43 days from Election Day, is not the moment to make this change.”

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A Tale of Two Polls Prime Badge
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I wanted to take a look at the polling news from this weekend and try to help you make some sense of where the race is. Obviously I can’t tell you what’s going to happen in November or necessarily which polls to believe. But I think I can provide some overview of and context for why different polls might seem to show different things, and how to think about that difference. Yesterday, NBC News released a poll showing Harris beating Trump by 5 points nationwide and 6 points if third-party candidates were added. Another national poll from CBS showed Harris 4 points up over Trump nationwide. But it was the NBC poll which got the most attention because poll watchers still give some extra credit to the big, largely phone-based polls from the major national media organizations.

Obviously, no single poll should bulk too large in anyone’s thinking. But what gave the NBC News poll a lot of attention wasn’t so much the result, which was obviously good for Harris, as the fact that it tended to match and confirm and perhaps amplify the trends we’ve seen from a lot of other polls since the debate. Those polls show Harris solidifying a small national lead, consolidating small leads in the Blue Wall states while running about even through the southern tier swing states. There’s been a large volume of polls showing that. But people wanted to see one of those big, high-priced, phone-based polls say the same thing. In part, that was because you have the Times-Siena poll, which as I’ve explained in the past is very respected but also has a totally disproportionate impact on the media narrative about the race, saying something different. That poll has continued to show a much closer race than the great majority of other polls. A nationwide poll from last week from Times-Siena showed a tied race at 47 percent after one a few weeks earlier that showed Trump ahead by 1 percentage point. So that NBC poll wasn’t just another solid poll for Harris. It made it seem a bit more like Times-Siena is an outlier. Not wrong necessarily but an outlier from the majority of campaign.

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Nebraska, Maine and New Annals of WT Actual F Prime Badge
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I suspect this won’t matter. A lot of facts aren’t known. And I’m not sure all the players have yet put their cards on the table. But I wanted to address the topic Nicole put on your radar yesterday. Republicans are making another push to change the electoral law in Nebraska and thus take away a single electoral vote which Kamala Harris is likely but by no means guaranteed to win. We start by making clear that Nebraska has every right to do this. All but two states allocated their electoral votes on a winner-take-all basis. It’s shifty and inappropriate to do it so late in the cycle for a clearly partisan purpose. But there’s no issue here of voting rights or election rigging. They can do this. I should note here that I don’t think it will end up making a difference. But, yeah … it could. It’s certainly possible that Donald Trump could become president again because of this.

Now, we don’t know whether Nebraska Republicans will be able to come up with the votes. We’ll come back to that. But if you remember when this came up earlier in the year, Maine (the other state with this system) said it would also make the change if Nebraska did. In other words, if Nebraska made the change, then Maine would counter and cancel it out. Nebraska Republicans were struggling to come up with the votes anyway. So that seemed to be the end of it. There wasn’t any point.

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