The long-awaited U.S. Supreme Court review of the Tom Delay-orchestrated re-redistricting of Texas congressional districts finally came down today, and a splintered Court continued its recent habit of disarray on redistricting principles. It’s clear a sizeable majority of the Court has decided that mid-decade reversals of redistricting plans are not barred by the federal constitutution, and a less-sizeable majority refuses to consider re-redistricting as grounds for strong suspicion that illicit political gerrymandering has occurred. But the Court appears to be all over the place, as it has been for more than a decade, in determining when if ever political gerrymandering can violate the Constitution. Meanwhile, a 5-4 majority of the Court ruled than one of the districts in the DeLay Map violates the Voting Right Act as a straightforward dilution of Hispanic voting strength. But the decision about how to deal with it was dumped back to a District Court in Texas, which must now decide whether there is anything they can do about it between now and November. Obviously, fixing one district could affect many others. You have to try, as I did, to slog through the whole 132 pages of concurring and dissenting opinions to see how divided and tentative the Court is on this whole subject. I’m no fancified constitutional or elections lawyer, and praise the Lord I left behind this sort of preoccupation when I decided to go into politics, but still, you don’t have to put “Esquire” after your signature to figure out when the Supremes are a herd of kitty-cats. More troubling is the fact that the ruling on re-redistricting may not get the attention it deserves in political circles because it’s becoming moot for this particular decade.Looking back, Republicans got away with re-redistrictings in Texas and Georgia. Democrats tried to retaliate in Ohio and Florida, but the former effort failed dismally last year at the ballot box, while the latter foundered in the Florida courts (it could possibly be revived and placed on the ballot in 2008, but that’s awfully close to the next regularly scheduled redistricting anyway). A Republican-backed California re-redistricting measure also failed last year, but that was a bit of a special case, since it was poorly designed, and in any event was backed by a lot of non-Republicans. But no one should forget that the one place in which a DeLay-style GOP partisan re-redistricting foundered was Colorado, for the simple reason that the state’s own constitution banned mid-decade redistricting. Looking ahead to the next decade, states should strongly consider emulating Colorado’s ban on the practice of overturning congressional and state legislative maps every time partisan control of state government solidifies or flips. No one can any longer foster the illusion that the U.S. Supreme Court will do anything to stop the madness.
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Editor’s Corner
By Ed Kilgore
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April 25: Can “Reverse Coattails” Help Biden Win?
A relatively new term is popping up in articles on 2024 strategy for Democrats that I explained and explored at New York:
When you have a presidential candidate who is struggling to generate enthusiasm in the party base, it’s natural to look for some external stimulation. In the case of Joe Biden, the most obvious source of a 2024 boost is the deep antipathy that nearly all Democrats, many independents, and even a sizable sliver of Republicans feel toward Donald Trump. But in case that’s not enough, Team Biden is looking at another avenue of opportunity, albeit a risky one: the possibility of “reverse coattails” taking him past Trump on a wave of turnout that incidentally benefits the president of the United States.
That’s not the conventional wisdom, as the term reverse coattails makes clear: Normally, it’s the head of the ticket from whom all blessings flow, which makes sense insofar as presidential-election turnout dwarfs that of off-year and midterm contests in no small part because people who don’t necessarily care about the identity of their senator or governor are galvanized by the battle for the White House. But as Russell Berman of The Atlantic explains, this year is different:
“Faith in the reverse-coattails effect is fueling Democratic investments in down-ballot races and referenda. In North Carolina, for example, party officials hope that a favorable matchup in the governor’s race — Democratic attorney general Josh Stein is facing Republican lieutenant governor Mark Robinson, who has referred to homosexuality as ‘filth’ and compared abortion to slavery — could help Biden carry a state that Trump narrowly won twice. Democrats are also trying to break a Republican supermajority in the legislature, where they are contesting nearly all 170 districts. ‘The bottom of the ticket is absolutely driving engagement and will for all levels of the ballot,’ Heather Williams, the president of the Democratic Legislative Campaign Committee, told me.”
In other states, high-profile ballot measures, particularly those aimed at restoring the abortion rights denied by conservative courts and Republican lawmakers, may generate bottoms-up enthusiasm benefiting Biden and embattled Democratic Senate candidates as well:
“In key states across the country, Democrats and their allies are planting ballot initiatives both to protect reproductive rights where they are under threat and to turn out voters in presidential and congressional battlegrounds. They’ve already placed an abortion measure on the ballot in Florida, where the state supreme court upheld one of the nation’s most restrictive bans on the procedure, and they plan to in Arizona, whose highest court recently ruled that the state could enforce an abortion ban first enacted during the Civil War. Democrats are also collecting signatures for abortion-rights measures in Montana, home to a marquee Senate race, and in Nevada, a presidential swing state that has a competitive Senate matchup this year.”
Berman notes that the reverse-coattails strategy is unproven. Voters, for example, who attracted to the polls by abortion ballot measures don’t always follow the partisan implications of their votes when it comes to candidate preferences. Red-hot down-ballot races are probably more reliable in attracting voters who can be expected to follow the party line to the top of the ticket. A positive precedent can be found in Georgia’s coordinated effort of 2020, when a powerful campaign infrastructure built by Democratic Senate candidates Jon Ossoff and Raphael Warnock clearly helped maximize Biden’s vote; the 46th president won the state by less than 12,000. Perhaps a strong Senate candidate like Pennsylvania’s Bob Casey could help Biden survive as well. As for the possible effect of ballot measures, it was once generally accepted that in 2004 a GOP strategy of encouraging anti-same-sex-marriage ballot measures helped boost conservative turnout in battleground states like Ohio, enabling George W. Bush’s narrow victory (though there are analysts who argue against that hypothesis). One reason it may work better today is the increasing prevalence of straight-ticket voting and the heavy emphasis of Democratic campaigns up and down the ballot on the kind of support for abortion rights that should help them take advantage of ballot-measure-generated turnout.
We won’t get a good idea of how either reverse-coattails strategy is working until late in the 2024 campaign when it becomes possible to measure new voter registrations, screen registered voters for their likelihood to participate in the election, and assess states where down-ballot contests are turning into a Democratic blowout. Team Biden would be wise to do everything in its power to lift the president’s popularity and build a favorability advantage over Trump that can reduce the number of “double haters” likely to stay home or vote for a change in the party management of Washington.