Mitt Romney Is Inventing Policies for a Fantasy G.O.P.

Last year, as an alternative to the temporary expansion of the child tax credit under President Biden’s American Rescue Plan, Senator Mitt Romney of Utah introduced a plan to give every family a monthly benefit of up to $350 per child for children 5 and under and $250 per child for children 6 to 17. It was simple, generous (it included a payment before birth, too) and — on paper, at least — effective. According to the Niskanen Center, which helped devise the proposal, the Romney plan would cut overall child poverty by roughly a third and the deepest child poverty by half.

Republicans hated it. His Senate colleagues Marco Rubio and Mike Lee denounced Romney’s plan as “welfare assistance,” and called for “pro-work” policies to assist families. “An essential part of being pro-family is being pro-work,” the senators said. “Congress should expand the child tax credit without undercutting the responsibility of parents to work to provide for their families.”

Romney, who voted against Biden’s rescue package, went back to the drawing board and recently unveiled a less generous version of his plan aimed at winning Republican support in the Senate. In this iteration, which would fill the gap left by the expiration of the Biden expansion in December, a family with children would have to earn at least $10,000 per year to qualify for the full credit. Below that, the benefit would scale proportionally so that a family earning $5,000 per year would receive 50 percent of the credit. The most impoverished families would receive the smallest benefits.

This version of the child benefit, to use the lingo of Romney’s earlier conservative critics, would “reward work.”

And yet there’s little indication that any more than a token group of Republican lawmakers is interested in Romney’s latest proposal. There’s no appetite for it. For the vast majority of Republicans in Congress, passing a new child benefit is not the kind of work they came to Washington to do. (It should be said, though, that in the absence of the filibuster, that token group of Republicans plus most Democrats would be enough to pass the Romney bill or something like it.)

The hostile and then indifferent response to Romney’s child allowance from his Republican colleagues — as well as the nearly total absence of meaningfully pro-family legislation from conservative lawmakers — tells us something very important about the future of the pro-life cause in the Republican Party. But maybe not quite what you think.

In the weeks since the Supreme Court overturned Roe v. Wade, some conservatives and abortion opponents have, as Elaine Godfrey reported in The Atlantic, expressed the hope that their movement and political party would turn their attention to the material well-being of mothers, families and children. So far, that hope seems to be misplaced.

Free, now, to pursue whatever policies they’d like on abortion, most Republican lawmakers and anti-abortion activists appear to be focused on passing harsh new restrictions on reproductive autonomy and creating broad protections for “fetal life.”

Trigger laws and prior statutes have already made abortion illegal in roughly a dozen states. Legislators in Missouri and Texas want to pass laws that would extend their bans across state lines, to punish residents who go to other states to obtain abortions. South Carolina Republicans, likewise, have drafted legislation that would ban all abortions except to prevent the death of the mother and would prosecute anyone “conspiring to cause, or aiding or abetting, illegal abortion.” And an Ohio bill would recognize the “personhood” and constitutional rights of “all unborn human individuals from the moment of conception.”

What you won’t find passing anytime soon in any Republican-led state legislature are bills to reduce the cost of childbearing and child-rearing. At most, a few states that have or will ban abortion have extended postpartum care under Medicaid. But there are no major plans to improve coverage or provide new benefits. As a practical matter, the pro-welfare, anti-abortion politician does not exist, at least not in the Republican Party.

The policy correlation is, in fact, what you would expect it to be. As a rule, the states with the most generous safety nets and anti-poverty programs are also the states with the widest access to abortion and other reproductive health services. The states with the most restrictive abortion laws are also, as a rule, the states that do the least for families and children as a matter of public policy.

Another way to make this connection is simply to look at a map of states that continue to refuse to expand Medicaid under the Affordable Care Act and compare it with a map of states that outlaw (or effectively outlaw) abortion. The overlap fits the pattern.

This distance — between the rhetoric of “life” and the reality of conservative Republican governance — only looks like hypocrisy. In truth, it is perfectly consistent.

That’s because the Republican ideal of a “pro-family” agenda is girded on traditional hierarchies. Reproductive autonomy, up to and including the right to get an abortion, weakens hierarchies of gender. And the social safety net — especially one that extends directly to mothers and children — undermines the preferred conservative social order of isolated, atomized households kept in line through market discipline.

If the goal of abortion opponents and politicians is to encourage life and promote families, then, yes, their interests and priorities are at odds with their actions. But if the goal is a more rigid and hierarchical world of untrammeled patriarchal authority, then, well, things are pretty much going according to plan.

Margaret Atwood Sounds the Alarm on Authoritarianism | Amanpour and Company

i’m honestly astounded by again the
prescience um that you wrote because
part of the crisis in handmaid’s tale
started with an attack on on congress
and and the the you know the fallout
from that i mean here all these decades
later in 2021
we had an attack on congress and there
are many who believe that the
fundamental democracy of the united
states is under threat so what does
totalitarianism look like in the u.s
or could
when when it arrives
uh well it’ll have a lot of god in it
um and a lot of things will be done in
the name of of said word
uh that if you actually uh believe in
some form of god and in the in the uh
latter part of that book uh you would
think that such a god would not
indulge in these practices i’m being
very circumlocations here
um yeah so it would have a lot of god
and it would have a lot of american
flags in it
and it would have a lot of let’s get
back to the old days in it
when were those old days and what was
going on in them
so you can’t separate anything that
happens in the united states from
uh its history of uh slavery
and um
so-called reconstruction and and jim
crow laws and segregation that’s all
very recent
so
i think the totalitarianisms of the left
lead through hope
so things are going to get much better
except we have to get rid of those
people
and those of the right to lead through
fear
unless you follow me and do what i say
terrible things will happen
and there’s a list of terrible things
which are specific to each
circumstance but i wouldn’t say that’s
how it goes
don’t you think well it’s fascinating
again i mean just really
just watching all of this unfold things
that i personally never dreamed could
happen uh an attack on american
democracy of all places rolling back
quote unquote the woman question um
which we see right now and again goes to
the very heart of the handmaid’s tale
and that of course i don’t need to tell
you the texas abortion law the
mississippi uh abortion
decisions that are about to come up the
idea that roe versus weighed may be
overturned either in whole or in part
how well i mean you obviously are
concerned did you ever imagine though
that when you wrote the handmaid’s tale
this amount of reality would shape up so
many decades later
okay i’ve never believed in
exceptionalism
i’ve never believed it can’t happen here
[Music]
[Music]
you

F.D.A. Will Permanently Allow Abortion Pills by Mail

Earlier this year, for the duration of the pandemic, the F.D.A. temporarily lifted the in-person requirement on mifepristone, the first of two drugs used to end a pregnancy. The decision to make this change permanent is likely to deepen the already polarizing divisions between conservative and liberal states on abortion. In 19 states, mostly in the South and the Midwest, telemedicine visits for medication abortion are banned, and these and other conservative states can be expected to pass other laws to further curtail access to abortion pills.

The Supreme Court Gaslights Its Way to the End of Roe

There are many reasons for dismay over the Supreme Court argument in the Mississippi abortion case, but it was the nonstop gaslighting that really got to me.

First there was Justice Clarence Thomas, pretending by his questions actually to be interested in how the Constitution might be interpreted to provide for the right to abortion, a right he has denounced and schemed to overturn since professing to the Senate Judiciary Committee 30 years ago that he never even thought about the matter.

Then there was Chief Justice John Roberts, mischaracterizing an internal memo that Justice Harry Blackmun wrote to his colleagues as the Roe v. Wade majority was discussing how best to structure the opinion Justice Blackmun was working on. The chief justice was trying to delegitimize the place of fetal viability in the court’s abortion jurisprudence, where for nearly 50 years, viability has been the unbreached firewall protecting the right of a woman to choose to terminate a pregnancy.

“It’s an unfortunate source, but it’s there,” he said, referring to Justice Blackmun’s papers, on file and open to the public at the Library of Congress. “In his papers, Justice Blackmun said that the viability line was — actually was dicta.”

“Dicta” is a dismissive word that refers to asides in an opinion that are not actually part of the court’s holding. The entry in the Blackmun papers to which the chief justice was most likely referring was a memo of Nov. 21, 1972 that the author of Roe v. Wade sent along with a new draft opinion to the other justices, noting: “In its present form it contains dictum but I suspect that in this area some dictum is indicated and not to be avoided.”

In that memo, of course referring to what was still a work in progress, Justice Blackmun proposed that the right to abortion be fully protected only until the end of the first trimester of pregnancy. “This is arbitrary,” he wrote, “but perhaps any other selected point, such as quickening or viability, is equally arbitrary.”

But two weeks later, after consulting with other justices, including Lewis Powell and Thurgood Marshall, Justice Blackmun circulated another memo endorsing the viability line. Far from describing this determination as arbitrary, he wrote in a memo dated Dec. 11, 1972, that viability “has logical and biological justifications,” namely, that “few could argue, or would argue, that a state’s interest by the time of viability, when independent life is presumably possible, is not sufficiently developed to justify appropriate regulation.”

In other words, by the time the court issued the final opinion in January 1973, viability was not dicta but rather an essential element of the decision. Chief Justice Roberts may not like viability — as clearly he doesn’t, observing to Julie Rikelman, the lawyer for the Mississippi clinic challenging the state’s ban on abortion after 15 weeks of pregnancy, that “viability, it seems to me, doesn’t have anything to do with choice” — but he was flatly wrong to suggest that it was an unconsidered aspect of Roe v. Wade.

(And of course it is extremely odd for a Supreme Court justice to dig into the court’s private work papers to cast aspersions on a published opinion.)

In fact, as the second Blackmun memo makes clear, the court that decided Roe saw a direct link between the viability line and a woman’s ability to choose abortion. In that second memo, Justice Blackmun referred to the “practical aspect” of the viability line, observing that “there are many pregnant women, particularly younger girls, who may refuse to face the fact of pregnancy and who, for one reason or another, do not get around to medical consultation until the end of the first trimester is upon them or, indeed, has passed.”

And then there was Justice Brett Kavanaugh, who rattled off a list of “the most consequential cases in this court’s history” that resulted from overruling prior decisions. If the court had adhered, for example, to the separate-but-equal doctrine of Plessy v. Ferguson rather than overruling that precedent in Brown v. Board of Education “the country would be a much different place,” he told Ms. Rikelman. “I assume you agree with most, if not all, the cases I listed there, where the court overruled the precedent,” Justice Kavanaugh continued. Why then, he asked, should the court stick with a case it now regarded as wrongly decided?

More gaslighting: The superficial plausibility of Justice Kavanaugh’s analogy between Plessy v. Ferguson and Roe v. Wade dissolves with a second’s contemplation. For one thing, Plessy negated individual liberty, while Roe expanded it. For another, Justice Kavanaugh’s list could have been 1,000 cases long without casting any light on whether today’s Supreme Court should repudiate Roe v. Wade.

But the justice’s goal was not to invite contemplation. It was to normalize the deeply abnormal scene playing out in the courtroom. President Donald Trump vowed to end the right to abortion, and the three justices he put on the court — Neil Gorsuch, to a seat that was not legitimately Mr. Trump’s to fill; Amy Coney Barrett, whose election-eve nomination and confirmation broke long settled norms; and Justice Kavanaugh — appear determined to do just that.

It was Justice Sonia Sotomayor who asked the uncomfortable question. “Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?” she demanded of Scott Stewart, a former law clerk to Justice Thomas who argued for Mississippi as the state’s solicitor general. Listening to the live-streamed argument, I first heard “political acts” as “political hacks,” I suppose because still in my mind were Justice Barrett’s words when she spoke in mid-September at a center in Louisville, Ky., named for her Senate confirmation mastermind, Senator Mitch McConnell. “My goal today is to convince you that the court is not comprised of a bunch of partisan hacks,” she said then.

Justice Barrett’s performance during Wednesday’s argument was beyond head-spinning. Addressing both Ms. Rikelman and Elizabeth Prelogar, the U.S. solicitor general who argued for the United States on behalf of the Mississippi clinic, Justice Barrett asked about “safe haven” laws that permit women to drop off their unwanted newborn babies at police stations or fire houses; the mothers’ parental rights are then terminated without further legal consequences. If the problem with “forced motherhood” was that it would “hinder women’s access to the workplace and to equal opportunities,” Justice Barrett asked, “why don’t safe haven laws take care of that problem?”

She continued: “It seems to me that it focuses the burden much more narrowly. There is, without question, an infringement on bodily autonomy, you know, which we have in other contexts, like vaccines. However, it doesn’t seem to me to follow that pregnancy and then parenthood are all part of the same burden.”

I’ll pass over the startling notion that being required to accept a vaccine is equivalent to being forced to carry a pregnancy to term. “Gaslighting” doesn’t adequately describe the essence of what Justice Barrett was suggesting: that the right to abortion really isn’t necessary because any woman who doesn’t want to be a mother can just hand her full-term baby over to the nearest police officer and be done with the whole business. As Justice Barrett, of all people, surely understands, such a woman will forever be exactly what she didn’t want to be: a mother, albeit one stripped of her ability to make a different choice.

I will give the gaslighting prize to Justice Kavanaugh and his suggestion that the court should simply adopt a position of “neutrality” with respect to abortion. Abortion is a contentious issue with important interests on both sides, he said to Solicitor General Prelogar. “Why should this court be the arbiter rather than Congress, the state legislatures, state supreme courts, the people being able to resolve this?” he said. “And there will be different answers in Mississippi and New York, different answers in Alabama than California because they’re two different interests at stake and the people in those states might value those interests somewhat differently.”

Justice Kavanaugh painted a soothing description of a down-the-middle resolution, but Solicitor General Prelogar, for one, wasn’t fooled. “The nature of fundamental rights is that it’s not left up to state legislatures to decide whether to honor them or not,” she responded.

Can Justice Kavanaugh really believe what he said? We’ll see soon enough. Last month, the court heard arguments in a case that challenges New York’s strict requirement for a license to carry a concealed weapon. Most states have looser restrictions. New York, through its legislative process, is in a minority.

Will Justice Kavanaugh and those of his colleagues who glorify a recently manufactured version of the Second Amendment allow New York City to keep going its own way on gun safety in the name of “letting the people decide”? That’s about as likely as the chance that those very same justices will decide to keep the right to abortion on the books. In both cases, we know what they’re going to do. The only mystery is how they will explain it.