President Joe Biden faces a dilemma in turning the midterm elections into a referendum on abortion: harnessing his base’s anger at the reversal of Roe v. Wade without letting passions get out of control.
That can be seen in the White House’s uneven response to protests against anti-Roe Supreme Court justices. Some fear for the justices’ safety, while others maintain that the protests are an exercise of free speech.
The issue most recently came to a head after angry pro-abortion rights protesters interrupted Supreme Court Justice Brett Kavanaugh while he was dining at an upmarket Washington, D.C., steakhouse and outgoing Communications Director Kate Bedingfield downplayed the demonstrators’ power over Biden.
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While agreeing public officials should never be endangered by protests, many Democrats argue the pro-Roe demonstrators have been overwhelmingly peaceful. But some have been menacing. A California man was arrested on charges of attempted murder outside Kavanaugh’s Maryland home last month after he confessed his plans to police while possessing a pistol, two magazines and ammunition, pepper spray, zip ties, duct tape, a hammer, a screwdriver, a nail punch, and a crowbar.
“Peaceful protests in public spaces are our right as Americans,” Aggressive Progressive podcast host and former Democratic consultant Christopher Hahn said of the restaurant demonstration.
Biden’s reaction to the protesters, who first staged themselves outside Supreme Court justices’ homes after the Dobbs v. Jackson’s Women’s Health Organization majority opinion overruling Roe was leaked to news media in May, has been “understated,” according to Hahn.
“But that’s always been his style,” he said. “It seems forced when he gets angry. They are taking action, and it’s vital that Dems hold the Senate and rightsize the court.”
At the same time, Democrats are hopeful the Supreme Court’s decision will motivate their rank and file to vote in November despite multiple polls suggesting economic issues are their top concern, according to Northeastern University politics professor Costas Panagopoulos.
“It’s a tricky balancing act, but Biden clearly realizes his options are limited in terms of major substantive policy change in light of the court’s dictate,” Panagopoulos said.
Besides a narrow executive order on abortion access and the promise to consider declaring a national emergency, Biden’s countermeasures have been limited. He has protected women who travel to states where abortion remains legal and preserved medication abortion and contraception availability. Other Democrats have advocated broader court reform.
“He’s doing what he can but is also challenging Congress, and the country, to do its part if they’re dissatisfied with the outcome,” Panagopoulos said. “The next election is less than four months away.”
“Unsolicited” White House critiques are “a healthy part of the process,” according to former White House spokesman Eric Schultz. Referring to Biden’s victories in a “sprawling, competitive” primary and “nail-biter” general election against former President Donald Trump by “staying true to who he is,” Schultz asserted “getting more theatrical doesn’t move the needle.”
“When he’s forceful, confident, and speaks from the heart, he’s at his best,” he said. “Trying to be something you’re not is a sign of weakness — not strength.”
Transportation Secretary Pete Buttigieg is among the Biden aides who were pressed on the Kavanaugh confrontation, which occurred at Morton’s The Steakhouse. Kavanaugh, who reportedly did not see or hear the protesters, was able to complete his meal but departed through another entrance before dessert. Morton’s fiery statement, which spoke of Kavanaugh’s freedom to eat dinner, prompted even more phone calls and fake reservations by activists.
“When public officials go into public life, we should expect two things,” Buttigieg told Fox News Sunday. “One, you should always be free from violence, harassment, and intimidation. And two, you’re never going to be free from criticism or peaceful protests, people exercising their First Amendment rights.”
“As long as that’s peaceful, that’s protected,” the secretary added. “Compare that, for example, to the reality that as a country right now, we’re reckoning with the fact that a mob summoned by the former president … attacked the United States Capitol for the purpose of overthrowing the election.”
White House press secretary Karine Jean-Pierre was similarly needled on the Kavanaugh incident last week. She insisted the White House condemned judicial intimidation and backed legislation boosting security for the justices.
A day before Buttigieg’s interview, Bedingfield was adamant that Biden’s overarching abortion strategy is not designed “to satisfy some activists who have been consistently out of step with the mainstream of the Democratic Party.” Her comments enraged many liberals when Democrats need every vote in November.
“It’s to deliver help to women who are in danger and assemble a broad-based coalition to defend a woman’s right to choose now, just as he assembled such a coalition to win during the 2020 campaign,” Bedingfield told the Washington Post.
Bedingfield was defending the White House from specific critics who support abortion rights, according to Jean-Pierre on Monday.
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“The president has always been honest about what needs to be done and what he believes still needs to be done,” Jean-Pierre told reporters. “He also said, ‘Keep protesting, protesting peacefully, but also make sure that you take action and ask Congress to take action.'”
