When it comes to abortion rights, Democrats must lean on the politics of fear.
They are confronted by a base that feels betrayed and a bunch of wealthy, moderate voters in purple states who… may not realize that their own rights are also at stake. Democrats need both groups to avert a fall defeat, and fear can drive them to the polls. What should the Democrats be afraid of? A national abortion ban.
America after the fall of Roe v. Wade may feel like we’re living in the worst-case scenario, but anyone who values reproductive freedom has reason to panic about what could happen if Republicans take back power in Washington. Members of the GOP Congress have already introduced bills that criminalize abortion in various ways. They are now only more encouraged.
Last month, former Vice President Mike Pence called for a national abortion ban. In fact, minority leader Senator Mitch McConnell has called it “possible.” Recently, he capped the forecast by stating a clear fact: “Neither side in this matter has had 60” votes to pass such a ban. Is that a phrase you feel comfortable hanging your future on?
Many progressive voters do not need to be alerted to the danger. They are already afraid of the future. But everybody should be, not just those who may want or need an abortion in the future. The conservative legal theories (and the conservative lawyers) that toppled Roe threaten marriage equality, bedroom privacy, and even birth control. A law banning abortion by recognizing fetuses as human beings with constitutional rights could criminalize in vitro fertilization. The life-or-death pregnancy scenarios now unfolding in red states can be repeated next door no matter where you live.
To meet the urgency of the moment and salvage their razor-sharp and often nonexistent hold on the Senate, Democrats need to talk about that future, voters across the country. each state, a reason to vote. Lives are at stake. At the same time, democratic leaders must understand that the politics of fear can work both ways.
The End of Roe v. Wade
Commentary from Times Opinion writers and columnists on the Supreme Court’s decision to end the constitutional right to abortion.
- David N. Hackney, specialist in maternal-fetal medicine: Roe’s end “is a tragedy for our patients, many of whom will suffer and some of whom may very well die.”
- Mara Gay: “Sex is fun. For the puritan tyrants who want to control our bodies, that is a problem†
- Elisabeth Spiers: “The idea that rich women are fine, regardless of what the law says, is probably comforting to some. But it’s just not true†
- Katherine Stewart, Writer“The breakthrough of American democracy is not an unintended side effect of Christian nationalism. It is the point of the project†
The party must frighten voters and show that they are afraid too: afraid of the voters themselves. Democratic politicians watched Republicans roll back abortion rights for decades — and when Roe fell, they had no plan. Now they must demonstrate that they are willing to surrender themselves to those they have failed — making specific promises and letting voters know that if they fail again, it will be more than a fundraising opportunity. It will be a reckoning.
Politicians are never afraid to make campaign promises, but Republicans are better at creating the conditions for voters to retaliate. Grover Norquist’s “Taxpayer Protection Pledge” has held sway over hundreds of Republican candidates for over a decade. To the GOP, the pledge was a neat way to synchronize the interests of the very wealthy and the defiant anti-government streaks of the white middle class, and the key to making it work, as long as it worked, was simple: letting voters know that they expect to be held accountable. If an elected official forbids the tax break, voters have a specific reason to send them home and the politician has no excuses.
A pledge to protect abortion rights would not have the same kind of monetary network as the tax pledge. But it would carry the same emotional and political weight. Ultimately, all politicians must be held accountable for their administration.
Suppose, for once, the Democrats have committed themselves to prioritizing action over any solution Washington deems reasonable. Call it the Abortion Access Pledge and make running against the threat of a national abortion ban also a running chance.
Don’t whine, don’t get distracted by discussions about if and when there will be a ban. Instead, decide on a handful of action points around abortion access and make sure anyone who wants a vote or a dollar says it out loud, “I will support abortion access in these ways and if I don’t follow through, you’ll have to kick me out. “
I’m honestly not sure if it matters what those action items are; I know that the Democrats will have to throw out any concerns about the appearance of moderation. Right now, all ideas about bridging the gap to abortion access sound extreme. But at some point the tax lien did too. So did the overthrow of Roe v. Wade.
Take Allowing Abortions on federal land† Biden could explain the policy in this way. Candidates should only promise to support it. Yes, the policy would spark an avalanche of untested legal theories and complicated jurisdictional issues. But Democrats who want to save the lives of people who need an abortion cannot resort to “it’s complicated” as an excuse not to even try.
If you want something a little less complicated—something that would also help roll out abortions on federal grounds—promise not to vote for an appropriation bill with the Hyde Amendment, which bans federal funding for most abortions. By itself, abolishing the Hyde Amendment would not greatly expand access beyond states where abortion is legal. But combined with federally-owned abortion access, the government could act even more directly to help people seeking abortion care. Backing up Hyde-taxed budgets could lead to a government shutdown, but if you think that ruins a party’s reputation forever, well, you’re probably a current Democratic office holder.
Embracing a politics of reproductive rights fears unites two of the constituencies Democrats need to defeat the GOP in key narrow races (Wisconsin, Pennsylvania, Georgia). First, the danger of a national ban may sufficiently alarm the moderate voters in the suburbs and convince them to abandon the Republicans. Second, addressing the widespread sense of betrayal among progressive voters will keep them energized. The threat of a national abortion ban is also a national message. Democrats can make it clear that the party cannot risk any loss, no matter how skewed the polls are. And then there’s the simple truth underlying this whole strategy: protecting abortion rights is popular.
This plan – where Democratic leaders take real political risks – is untried. But it’s worth the gamble. Bold action is the only way to assure voters that they are willing to do whatever it takes when other rights are on the chopping block. Most importantly, prioritizing voter response would reset the entire framework of Democratic campaigns.
The only way this strategy can really backfire is if the Democrats keep a promise and then break it again. And expect to be re-elected again. That, of course, is what the Democrats are doing now. “Protect Roe” was their battle cry; it turns out that was all.
Fear often divides, but it can also unite. If you have a common threat, there is an opportunity for a common mission. This threat is no longer over the horizon – it’s at our doorstep. Now, Democrats, decide on a mission.