After the Republican Party’s disappointing performance in the 2022 midterms, fueled in large part by a backlash to the Supreme Court’s overturning of Roe v. Wade, the Republican National Committee recommitted itself to anti-abortion maximalism.
A resolution adopted at the R.N.C.’s winter meeting in January urges Republican lawmakers “to pass the strongest pro-life legislation possible.” Addressing their party’s poor showing in November, it said that Republicans hadn’t been aggressive enough in defending anti-abortion values, urging them to “go on offense in the 2024 election cycle.”
The 11-point loss of the Republican-aligned candidate in Wisconsin’s Supreme Court election on Tuesday has influential conservatives rethinking this strategy. “Republicans had better get their abortion position straight, and more in line with where voters are, or they will face another disappointment in 2024,” said a Wall Street Journal editorial.
Ann Coulter tweeted, “The demand for anti-abortion legislation just cost Republicans another crucial race,” and added, “Please stop pushing strict limits on abortion, or there will be no Republicans left.” Jon Schweppe, policy director of the socially conservative American Principles Project, lamented, “We are getting killed by indie voters who think we support full bans with no exceptions.”
But having made the criminalization of abortion a central axis of their political project for decades, Republicans have no obvious way out of their electoral predicament. A decisive majority of Americans — 64 percent, according to a recent Public Religion Research Institute survey — believe that abortion should be legal in most cases. A decisive majority of Republicans — 63 percent, according to the same survey — believe that it should not.
Now that the end of Roe has awakened a previously complacent pro-choice majority, anti-abortion passion has become a liability, but the Republican Party can’t jettison it without tearing itself apart.
The reason voters think Republicans support full abortion bans, as Schweppe wrote, is that many of them do.
In the last Congress, 167 House Republicans co-sponsored the Life at Conception Act, conferring full personhood rights on fertilized eggs. In state after state, lawmakers are doing just what the R.N.C. suggested and using every means at their disposal to force people to continue unwanted or unviable pregnancies.
The Texas Senate just passed a bill that, among other things, is intended to force prosecutors in left-leaning cities to pursue abortion law violations. South Carolina Republicans have proposed a law defining abortion as murder, making it punishable by the death penalty.
In Florida, which already has a 15-week abortion ban, Gov. Ron DeSantis is expected to soon sign a law banning almost all abortions at six weeks. This isn’t something Florida voters want — polls show a majority of them support abortion rights — but it’s a virtual prerequisite for his likely presidential campaign.
Republican attempts to moderate abortion prohibitions even slightly have, for the most part, gone nowhere.
It’s true that this week Tennessee’s Legislature passed a bill permitting abortion to save a patient’s life or prevent “serious risk of substantial and irreversible impairment of a major bodily function.” But the legislation is meaningless to the point of perversity, since it places the burden of proof on doctors rather than on the state, so that they must still fear prosecution for treating pregnant people in severe medical distress. Language that would allow women to end “medically futile pregnancies” was stripped out.
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