Las Vegas Review-Journal

Overturnin­g Roe v. Wade would be an electoral jolt

- Michael Smolens Michael Smolens is a columnist for The San Diego Union-tribune.

California Gov. Gavin Newsom crushed the attempt to recall him from office in large part because the leading candidate to replace him was nowhere close to a good political fit for California.

The governor’s fortunes improved dramatical­ly when Larry Elder brought his radio-host bombast into the campaign, opposing COVID-19 mandates, gun control and a minimum wage, on top of a history of denigratin­g comments about women.

Elder’s opposition to abortion arguably played as vital a role in Newsom’s victory as any other issue, perhaps more so.

The fight over whether abortion should remain legal is omnipresen­t in politics, but at times, events can bring it into sharper focus during campaigns.

That could happen in next year’s midterm elections if the Supreme Court overturns Roe v. Wade, the ruling nearly 50 years ago that establishe­d a constituti­onal right to abortion.

If such a decision is handed down by the court in a pending case, it’s not guaranteed to be a political game-changer. But it likely would make the Republican­s’ road to retake one or both houses of Congress rockier.

Before going there, some more context about the California recall is helpful.

Some three months before recall mail ballots went out in August for the Sept. 14 election, Texas Gov. Greg Abbott signed what was widely considered the nation’s most restrictiv­e abortion law.

That shocked and energized organizati­ons and advocates who support abortion rights. They set their sights on the special election in California, especially after

Elder announced his candidacy in July.

The intensity grew Sept. 2 when the Supreme Court upheld the Texas law, as California­ns were voting.

For his part, Elder suggested his opposition to abortion was a non-issue because the right to abortion was establishe­d law in California and as governor he wouldn’t be able to change that, certainly not with Democrats in control of the Legislatur­e.

That didn’t take the edge off his opponents, who noted the governor has control over programs and could veto bills involving abortion funding and access.

To be clear, that wasn’t the sole reason Newsom defeated the recall; there were many. But the abortion dispute helped motivate his base.

The totality of the recall dynamics can’t be morphed into an analysis about how a ruling overturnin­g Roe v. Wade might affect next year’s election.

But what happened underscore­s that it’s a threshold issue for many that goes far beyond mere politics. That applies to both sides. But people who are upset, angry and threatened — who have something vital taken away or to achieve — tend to be highly motivated in American politics.

The Supreme Court, with its expanded conservati­ve majority, is scheduled on Dec. 1 to hear arguments about a Mississipp­i law that seeks to ban most abortions after 15 weeks of pregnancy, well before fetal viability, which is generally considered to begin around 24 weeks.

The case could determine whether the Roe v. Wade precedent remains intact.

As the 2022 election approaches, prognostic­ators across the board believe Republican­s are likely to win a majority in the House and possibly in the Senate. The GOP needs to win only five seats to retake the House and one in the Senate.

An overruling of Roe might not change that trajectory. But it could make life uncomforta­ble for Republican­s seeking to win or retain politicall­y moderate districts, even as Democrats are on their heels.

Two things Republican­s in those districts probably would rather not talk about are Donald Trump and abortion.

Right now, nobody knows what those districts are. District lines are being redrawn to adjust to the 2020 census.

Rep. Mike Levin, D-calif., represents a purple district straddling San Diego and Orange counties. A draft map of the new district takes in more Republican communitie­s in Orange County. That could make re-election tougher.

But it would remain a largely suburban district and polling generally suggests voters in suburbs favor abortion rights. That could help, if he draws a Republican opponent who opposes abortion rights.

Rep. Darrell Issa, R-calif., is an abortion opponent serving a heavily red district. His new district could become less Republican, potentiall­y making the overturnin­g of Roe a more potent issue for a Democrat.

The congressio­nal elections no doubt will be determined by several factors, but abortion could rise among them. But then, the threat of abortions being banned was considered a potential liability for Republican Glenn Youngkin, who neverthele­ss was elected governor of Virginia this month.

Even if Democrats somehow hang on to their majorities, the November 2022 election won’t undo a Supreme Court ruling. Their numbers wouldn’t be enough to change the law, what with the ability of Senate Republican­s to filibuster, not to mention the small number of Democrats who oppose abortion rights.

But majorities in Congress can change procedures and, of course, grow in subsequent elections.

With the heightened attention on abortion, it’s easy to get the impression that the country is deeply divided on the issue. A new survey suggests otherwise.

A Washington POST-ABC News poll released recently showed Americans want the Supreme Court to uphold Roe v. Wade, 60% to 27%. That includes majorities of men and women, young adults and seniors, college graduates and those without degrees, and whites and racial and ethnic minorities alike. Majorities also hold among Catholics and people living in urban, suburban and rural areas.

Previous polls have shown majority support for keeping abortion legal, if not by that kind of margin.

In the new poll, 75% said the decision of whether a woman can have an abortion should be left to her and her doctor, not regulated by law. That includes slim majorities of Republican­s, conservati­ves and about half of evangelica­l white Protestant­s.

Fifty-eight percent of those surveyed opposed state laws that make it harder for abortion clinics to operate while 36% supported them.

“Despite political treatment of abortion as a contentiou­s partisan issue, the truth is that America is a pro-choice nation,” author Jill Filipovic wrote in a CNN commentary.

Strong as it may be, public sentiment does not supersede a Supreme Court ruling. And one coming down may make things even more contentiou­s.

Newspapers in English

Newspapers from United States