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Virginia Could Decide the Future of the GOP’s Abortion Policy

The Atlantic

www.theatlantic.com › politics › archive › 2023 › 10 › virginia-15-week-abortion-ban-glenn-youngkin › 675555

A crucial new phase in the political struggle over abortion rights is unfolding in suburban neighborhoods across Virginia.

An array of closely divided suburban and exurban districts around the state will decide which party controls the Virginia state legislature after next month’s election, and whether Republicans here succeed in an ambitious attempt to reframe the politics of abortion rights that could reverberate across the nation.

After the Supreme Court overturned the nationwide right to abortion in 2022, the issue played a central role in blunting the widely anticipated Republican red wave in last November’s midterm elections. Republican governors and legislators who passed abortion restrictions in GOP-leaning states such as Florida, Texas, Ohio, and Iowa did not face any meaningful backlash from voters, as I’ve written. But plans to retrench abortion rights did prove a huge hurdle last year for Republican candidates who lost gubernatorial and Senate races in Democratic-leaning and swing states such as Colorado, Washington, Michigan, Pennsylvania, Wisconsin, and Arizona.

Now Virginia Republicans, led by Governor Glenn Youngkin, are attempting to formulate a position that they believe will prove more palatable to voters outside the red heartland. In the current legislative session, Youngkin and the Republicans, who hold a narrow majority in the state House of Delegates, attempted to pass a 15-week limit on legal abortion, with exceptions thereafter for rape, incest, and threats to the life of the mother. But they were blocked by Democrats, who hold a slim majority in the state Senate.

[Read: Abortion is inflaming the GOP’s biggest electoral problem]

With every seat in both chambers on the ballot in November, Youngkin and the Republicans have made clear that if they win unified control of the legislature, they will move to impose that 15-week limit. Currently, abortion in Virginia is legal through the second trimester of pregnancy, which is about 26 weeks; it is the only southern state that has not rolled back abortion rights since last year’s Supreme Court ruling overturning Roe v. Wade.

Virginia Republicans maintain that the 15-week limit, with exceptions, represents a “consensus” position that most voters will accept, even in a state that has steadily trended toward Democrats in federal races over the past two decades. (President Joe Biden carried the state over Donald Trump by about 450,000 votes.) “When you talk about 15 weeks with exceptions, it is seen as very reasonable,” Zack Roday, the director of the Republican coordinated campaign effort, told me.

If Youngkin and the GOP win control of both legislative chambers next month behind that message, other Republicans outside the core red states are virtually certain to adopt their approach to abortion. Success for the Virginia GOP could also encourage the national Republican Party to coalesce behind a 15-week federal ban with exceptions.

“Candidates across this country should take note of how Republicans in Virginia are leading on the issue of life by going on offense and exposing the left’s radical abortion agenda,” Kelsey Pritchard, the director of state public affairs at the anti-abortion group Susan B. Anthony Pro-Life America, told me in an email.

But if Republicans fail to win unified control in Virginia, it could signal that almost any proposal to retrench abortion rights faces intractable resistance in states beyond the red heartland. “I think what Youngkin is trying to sell is going to be rejected by voters,” Ryan Stitzlein, the vice president of political and government relations at the advocacy group Reproductive Freedom for All, told me. “There is no such thing as a ‘consensus’ ban. It’s a nonsensical phrase. The fact of the matter is, Virginians do not want an abortion ban.”

These dynamics were all on display when the Democratic legislative candidates Joel Griffin and Joshua Cole spent one morning last weekend canvassing for votes. Griffin is the Democratic nominee for the Virginia state Senate and Cole is the nominee for the state House of Delegates, in overlapping districts centered on Fredericksburg, a small, picturesque city about an hour south of Washington, D.C. They devoted a few hours to knocking on doors together in the Clearview Heights neighborhood, just outside the city, walking up long driveways and chatting with homeowners out working in their yards.

Their message focused on one issue above all: preserving legal access to abortion. Earlier that morning, Griffin had summarized their case to about two dozen volunteers who’d gathered at a local campaign office to join the canvassing effort. “Make no mistake,” he told them. “Your rights are on the ballot.”

The districts where Griffin, a business owner and former Marine, and Cole, a pastor and former member of the state House of Delegates, are running have become highly contested political ground. Each district comfortably backed Biden in 2020 before flipping to support Youngkin in 2021 and then tilting back to favor Democratic U.S. Representative Abigail Spanberger in the 2022 congressional election.

The zigzagging voting pattern in these districts is typical of the seats that will decide control of the legislature. The University of Virginia’s Center for Politics calculates that all 10 of the 100 House seats, and all six of the 40 Senate districts, that are considered most competitive voted for Biden in 2020, but that nearly two-thirds of them switched to Youngkin a year later.

These districts are mostly in suburban and exurban areas, especially in Richmond and in Northern Virginia, near D.C., notes Kyle Kondik, the managing editor of the center’s political newsletter, Sabato’s Crystal Ball. In that way, they are typical of the mostly college-educated suburbs that have steadily trended blue in the Trump era.

Such places have continued to break sharply toward Democrats in other elections this year that revolved around abortion, particularly the Wisconsin State Supreme Court election won by the liberal candidate in a landslide this spring, and an Ohio ballot initiative carried comfortably by abortion-rights forces in August. In special state legislative elections around the country this year, Democrats have also consistently run ahead of Biden’s 2020 performance in the same districts.

There’s this idea that Democrats are maybe focusing too much on abortion, but we’ve got a lot of data and a lot of information” from this year’s elections signaling that the issue remains powerful, Heather Williams, the interim president of the Democratic Legislative Campaign Committee, told me.

Virginia Republicans aren’t betting only on their reformulated abortion position in this campaign. They are also investing heavily in portraying Democrats as soft on crime, too prone to raise taxes, and hostile to “parents’ rights” in shaping their children’s education, the issue that Youngkin stressed most in his 2021 victory. When Tara Durant, Griffin’s Republican opponent, debated him last month, she also tried to link the Democrat to Biden’s policies on immigration and the “radical Green New Deal” while blaming the president for persistent inflation. “What we do not need are Biden Democrats in Virginia right now,” insisted Durant, who serves in the House of Delegates.

Griffin has raised other issues too. In the debate, he underscored his support for increasing public-education funding and his opposition to book-banning efforts by a school board in a rural part of the district. Democrats also warn that with unified control of the governorship and state legislature, Republicans will try to roll back the expansions of voting rights and gun-control laws that Democrats passed when they last controlled all three institutions, from 2019 to 2021. A television ad from state Democrats shows images of the January 6 insurrection while a narrator warns, “With one more vote in Richmond, MAGA Republicans can take away your rights, your freedoms, your security.”

Yet both sides recognize that abortion is most likely to tip the outcome next month. Each side can point to polling that offers encouragement for its abortion stance. A Washington Post/Schar School poll earlier this year found that a slim 49 to 46 percent plurality of Virginia voters said they would support a 15-week abortion limit with exceptions. But in that same survey, only 17 percent of state residents said they wanted abortion laws to become more restrictive.

In effect, Republicans believe the key phrase for voters in their proposal will be 15 weeks, whereas Democrats believe that most voters won’t hear anything except ban or limit. Some GOP candidates have even run ads explicitly declaring that they don’t support an abortion “ban,” because they would permit the procedure during those first 15 weeks of pregnancy. But Democrats remain confident that voters will view any tightening of current law as a threat.

“Part of what makes it so salient [for voters] is Republicans were so close to passing an abortion ban in the last legislative session and they came up just narrowly short,” Jesse Ferguson, a Democratic strategist with experience in Virginia elections, told me. “It’s not a situation like New York in 2022, where people sided with us on abortion but didn’t see it as under threat. In Virginia, it’s clear that that threat exists.”

In many ways, the Virginia race will provide an unusually clear gauge of public attitudes about the parties’ competing abortion agendas. The result won’t be colored by gerrymanders that benefit either side: The candidates are running in new districts drawn by a court-appointed special master. And compared with 2021, the political environment in the state appears more level as well. Cole, who lost his state-House seat that year, told me that although voters tangibly “wanted something different and new” in 2021, “I would say we’re now at a plateau.”

The one big imbalance in the playing field is that Youngkin has raised unprecedented sums of money to support the GOP legislative candidates. The governor has leveraged the interest in him potentially entering the presidential race as a late alternative to Trump into enormous contributions to his state political action committee from an array of national GOP donors. That torrent of money is providing Republican candidates with a late tactical advantage, especially because Virginia Democrats are not receiving anything like the national liberal money that flowed into the Wisconsin judicial election this spring.

Beyond his financial help, Youngkin is also an asset for the GOP ticket because multiple polls show that a majority of Virginia voters approve of his job performance. Republicans are confident that under Youngkin, the party has established a lead over Democrats among state voters for handling the economy and crime, while largely neutralizing the traditional Democratic advantage on education. To GOP strategists, Democrats are emphasizing abortion rights so heavily because there is no other issue on which they can persuade voters. “That’s the only message the Democrats have,” Roday, the GOP strategist, said. “They really have run a campaign solely focused on one issue.”

[Jerusalem Demsas: The abortion policy most Americans want]

Yet all of these factors only underscore the stakes for Youngkin, and Republicans nationwide, in the Virginia results. If they can’t sell enough Virginia voters on their 15-week abortion limit to win unified control of the legislature, even amid all their other advantages in these races, it would send an ominous signal to the party. A Youngkin failure to capture the legislature would raise serious questions about the GOP’s ability to overcome the majority support for abortion rights in the states most likely to decide the 2024 presidential race.

Next month’s elections will feature other contests around the country where abortion rights are playing a central role, including Democratic Governor Andy Beshear’s reelection campaign in Kentucky, a state-supreme-court election in Pennsylvania, and an Ohio ballot initiative to rescind the six-week abortion ban that Republicans passed in 2019. But none of those races may influence the parties’ future strategy on the issue more than the outcome in Virginia.

An Unwelcome Discovery in the Colorado River

The Atlantic

www.theatlantic.com › science › archive › 2023 › 10 › colorado-river-conservation-smallmouth-bass › 675568

This article originally appeared in High Country News.

In July 2022, a National Park Service biologist named Jeff Arnold was hauling nets through a slough off the Colorado River, several miles downstream from Glen Canyon Dam, when he captured three greenish fish lined with vertical black stripes. He texted photos of his catch to colleagues, who confirmed his fears: The fish were smallmouth bass, voracious predators that have invaded waters around the West. Worse, they were juveniles. Smallmouth weren’t just living below the dam—they’d likely begun to breed.

It was a grim discovery. Smallmouth bass, whose native range encompasses rivers and lakes throughout the eastern United States and the Great Lakes, have long plagued the Colorado River. State agencies and anglers probably began stocking them in the watershed in the mid-1900s, and they’ve since conquered much of the basin, including Lake Powell, the reservoir that sloshes above Glen Canyon Dam. Downriver from the dam, however, lies the Grand Canyon, whose sandstone depths have historically provided a bass-free haven for native fish—most of all, the humpback chub, a federally threatened species endowed with an odd dorsal bulge. Now, biologists realized, neither the canyon nor its chub were safe.

Scientists have been dreading this development. As Lake Powell has shrunk over the past two decades, drained by overallocation and drought, its diminishment has created prime conditions for bass to infiltrate the Grand Canyon. But Brian Healy, a postdoctoral researcher at the U.S. Geological Survey and the former fish biologist at Grand Canyon National Park, says that even though he and his colleagues expected the species to eventually become a problem, “we didn’t realize it would be an issue so quickly.”

Preventing a bass takeover won’t be simple, biologically or politically. The Colorado’s users expect it to simultaneously serve as a pipeline for water conveyance, a source of cheap electrons, a recreational playground, and, not least, a suitable habitat for native fish. For decades, the river’s human managers have uneasily balanced these often-contradictory purposes—and now they must also work to exclude smallmouth bass, an immense challenge that may well compete with the river’s many other functions. “The best way to think about this is that everything in the Colorado River is connected to everything else,” Jack Schmidt, a watershed scientist and an emeritus professor at Utah State University’s Center for Colorado River Studies, says. “Everything has a ramification.”

[Read: The cost of killing tiny fish]

Forty million people rely on the Colorado River’s largesse, from Wyoming ranchers to the residents of sprawling Arizona subdivisions to the lettuce farmers in California’s Imperial Valley. Less visibly, the river is also a lifeline for 14 native species of fish. They are rarely seen by humans—the river they inhabit is as turbid as coffee, and they’re seldom fished for sport—yet they require a healthy Colorado as much as any Angeleno or Tucsonan.

Today, however, four of those fish—the humpback chub, the Colorado pikeminnow, the razorback sucker, and the bonytail—are federally listed as threatened or endangered. Lake Powell commandeered the Colorado’s payloads of silt and stymied natural floods, erasing channels and backwaters where chubs and suckers once spawned and reared. And smallmouth bass and other invasive species devastated native fish in tributaries such as the Yampa River. (“Smallmouth” is a misnomer: Bass have maws so cavernous they can gulp down prey more than half their own size.) Bass arrived in Lake Powell in 1982, courtesy of a hatchery manager who dumped 500 spare smallmouth into the reservoir. The bass, he crowed decades later, “performed magnificently,” adding, “Anglers have caught millions of smallmouth bass over the past 30 years.”

David McNew / Getty

Through it all, the Grand Canyon remained a bass-less sanctuary—thanks, paradoxically, to Glen Canyon Dam. Although smallmouth teemed in Lake Powell, they stayed in the reservoir’s warm, sunlit upper strata, well above Glen Canyon Dam’s penstocks, the massive tubes that convey water through its hydropower turbines and thence downriver. Bass never reached the Grand Canyon because they never swam deep enough to pass through the dam.

As Lake Powell withered, however, so did the Grand Canyon’s defenses. By the spring of 2022, some two decades of climate-change-fueled drought had lowered the lake’s surface by more than 150 feet, drawing its tepid, bass-filled top layer ever closer to the penstocks. At the same time, the warmer water flowing through the dam and downstream made the Grand Canyon more hospitable to bass. “The temperature was ideal for them,” Charles Yackulic, a research statistician at the U.S. Geological Survey, says.

Last summer, after bass swam through Glen Canyon Dam’s penstocks, slipped past its whirling turbines, and apparently reproduced, managers hastened to control the incipient invasion, netting off the slough where Arnold discovered the juveniles as though it were a crime scene. The Park Service also doused the backwater with an EPA-approved fish-killing poison. When biologists electroshocked the river that fall and the following spring, though, they found hundreds more juveniles. The slough wasn’t an isolated beachhead; it was merely a battleground in a broader invasion.

If there is a saving grace, it is that the bass remain concentrated above the cold, clear stretch of river known as Lees Ferry. Humpback chub, by contrast, have their stronghold deep in the Grand Canyon, some 75 miles downriver from the dam, where bass haven’t shown up—at least not yet. “The worry is that you got them in Lees Ferry and they’re reproducing,” Yackulic says. “And then suddenly, you’ve just got all these babies dispersing downstream.”

[Read: How many fish are in the sea?]

The Colorado River is at once in a state of crisis and rebirth. The decline of Lake Powell has revealed Glen Canyon, the gorgeous red-rock labyrinth that the reservoir drowned in the 1960s. Ironically, the forces behind this restoration are also imperiling native fish. “Last year was the closest we’ve had to a natural thermal regime in more than 50 years,” Yackulic notes. But for the humpback chub, it was a catastrophe.

River managers thus face a conundrum: How do you preserve native species in a broken ecosystem? In February 2023, the Bureau of Reclamation, the federal agency that controls Glen Canyon Dam, released a draft environmental assessment evaluating four options for manipulating river flows to deter smallmouth bass. The plans are variations on a theme: When the Colorado gets dangerously warm, the agency releases cold water to lower its temperature below the threshold where bass spawn. Two options—one of which is favored by conservation groups such as the Center for Biological Diversity—include high-intensity “flow spikes” designed to freeze bass out of sloughs and backwaters. “We need flows that are cold enough for long enough that it prevents smallmouth bass from spawning,” Taylor McKinnon, the center’s Southwest director, says. “Not disrupt reproduction—prevent reproduction.”

Managing the Colorado River to thwart bass, however, could conflict with the bureau’s other goals. For one thing, all four options would release water through Glen Canyon Dam’s “bypass tubes,” outlets closer to Lake Powell’s frigid bottom. But the bypass tubes, as their name suggests, don’t pump water through the dam’s hydroelectric turbines—which, as the agency acknowledges, could lead to “a reduction in the revenue generated from power proceeds.” That possibility doesn’t thrill the Colorado River Energy Distributors Association, which represents electric utilities and co-ops and has warned of “measurable financial impacts” to ratepayers.

[Read: The fight over California’s ancient water]

Some environmentalists may find themselves at odds with bass deterrence too. The Glen Canyon Institute has long called on river managers to “Fill Mead First,” letting Lake Powell shrivel while sending Colorado’s water downstream to Lake Mead, the river’s other massive reservoir. As scientists pointed out in a 2020 paper, however, this strategy could “lead to warmer water temperatures throughout Grand Canyon” and render invasive-fish control “especially problematic.” Indeed, if your sole goal were to protect humpback chub in the immediate term, Lake Powell—whose deep, chilly waters staved off bass for 40 years—might be the first reservoir you’d fill. “The decisions of where you store water in the system are going to determine the fate of native fish,” Utah State’s Schmidt says.

Although last winter’s strong snowpack should ultimately raise Lake Powell’s surface by about 70 feet, the invasion continues. Scientists have pulled hundreds of bass from the slough so far this year, along with thousands of carp and sunfish, two other warm-water non-natives. The Park Service poisoned the slough again in late August, but that fix is clearly neither complete nor lasting. In February 2023, a group of researchers convened by the Bureau of Reclamation and the U.S. Geological Survey to study the bass problem recommended outfitting Glen Canyon Dam with “fish-exclusionary devices”—basically fancy nets—to keep bass from swimming through the penstocks. That’s hardly a new idea—biologists first recommended that the Bureau “pursue means” of preventing invasive fish from passing through the dam in 2016—but at an August meeting of federal managers and researchers, one Reclamation official claimed that an effective screen design is still at least five years away.

Ultimately, staving off the bass crisis may call for even more ambitious fixes. In one paper, Schmidt and his colleagues raised the idea of drilling colossal diversion tunnels that would funnel water and sediment around Glen Canyon Dam and thus restore the silty, flood-prone conditions that favor native fish. Reengineering the Colorado would be neither simple nor cheap, but, in recent comments to the bureau, McKinnon and other conservationists claimed that the “climate-inevitable obsolescence” of Glen Canyon Dam calls for drastic measures. If bass dominate an ever-warmer river, McKinnon says, “it’s game over.”