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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July 26: The Obama Coalition Revisited
It’s pretty obvious Kamala Harris’s candidacy changes the 2024 presidential race more than a little, and I wrote at New York about one avenue she has for victory that might have eluded Joe Biden:
During her brief run for the Democratic presidential nomination in 2019, Kamala Harris was widely believed to be emulating Barack Obama’s 2008 campaign strategy. She treated South Carolina, the first primary state with a substantial Black electorate, as the site of her potential breakthrough. But she front-loaded resources into Iowa to prepare for that breakthrough by reassuring Black voters that she could win in the largely white jurisdiction. She had the added advantage of being from the large state of California, where the primary had just been moved up to Super Tuesday (March 3). For a thrilling moment, after her commanding performance in a June 2019 debate, Harris seemed on track to pull off this feat, threatening Joe Biden’s hold on South Carolina in the polls and surging in Iowa. But neither she nor Cory Booker, who also relied on the Obama precedent, could displace Biden as the favorite of Black voters or strike gold in the crowded Iowa field. Out of money and luck, Harris dropped out before voters voted.
Now Kamala Harris is the presumptive Democratic presidential nominee for 2024 without having to navigate any primaries. But she still faces some key strategic decisions. Joe Biden was consistently trailing Donald Trump in the polls in no small part because he was underperforming among young and non-white voters, the very heart of the much-discussed Obama coalition. Can Harris recoup some of these potential losses without sacrificing support elsewhere in the electorate? That is a question she must address at the very beginning of her general-election campaign.
There’s a chance that Harris can inject a bit of the Obama “hope and change” magic into a Democratic ticket that had previously felt like a desperate effort to defend an unpopular administration led by a low-energy incumbent, as Ron Brownstein suggests in The Atlantic:
“Polls have shown that a significant share of Americans doubt the mental capacity of Trump, who has stumbled through his own procession of verbal flubs, memory lapses, and incomprehensible tangents during stump speeches and interviews to relatively little attention in the shadow of Biden’s difficulties. Particularly if Harris picks a younger running mate, she could top a ticket that embodies the generational change that many voters indicated they were yearning for when facing a Trump-Biden rematch …
“In the best-case scenario for this line of thinking, Harris could regain ground among the younger voters and Black and Hispanic voters who have drifted away from Biden since 2020. At the same time, she could further expand Democrats’ already solid margins among college-educated women who support abortion rights.”
Team Trump seems to believe it can offset these potential gains by depicting Harris as a “California radical” and a symbol of diversity who might alienate the older white voters with whom Biden had some residual strength. Obama overcame similar race-saturated appeals in 2008, but he had a lot of help from a financial collapse and an unpopular war presided over by the party of his opponent.
Following Obama’s path has major strategic implications in terms of the battleground map. Any significant improvement over Biden’s performance among Black, Latino, and under-30 voters might put Arizona, Nevada, Georgia, and North Carolina — very nearly conceded to Trump in recent weeks — back into play. But erosion of Biden’s support among older and/or non-college-educated white voters could create potholes in his narrow Rust Belt path to victory in Michigan, Pennsylvania, and Wisconsin.
These strategic choices could definitely affect Harris’s choice of a running-mate, not just in terms of potentially picking a veep from a battleground state, but as a way of amplifying the shift produced by Biden’s withdrawal. Brownstein even thinks Harris might consider following Bill Clinton’s 1992 example of doubling down on her own strengths:
“The other option that energizes many Democrats would be for Harris to take the bold, historic option of selecting another woman: Whitmer. That would be a greater gamble, but a possible model would be 1992, when Bill Clinton chose Al Gore as his running mate; Gore was, like him, a centrist Baby Boomer southerner—rather than an older D.C. hand. ‘I love Josh Shapiro and I think he would be a great VP candidate, but I would double down’ with Whitmer, [Democratci consultant Mike] Mikus told me. ‘I don’t think you have to go with a moderate white guy. I think you can be bold [with a pick] that electrifies your base.’ I heard similar views from several consultants.”
Whitmer’s expressed disinterest in the veepstakes may take that particular option off the table, but the broader point remains: Harris does not have to — and may not be able to — simply adopt Biden’s strategy and tweak it slightly. She may be able to contemplate gains in the electorate that were unimaginable for an 81-year-old white male incumbent. But the strategic opportunity to follow Obama’s path to the White House will first depend on Harris’s ability to refocus persuadable voters on Trump’s shaky record, bad character, and extremist agenda. Biden could not do that after the debate debacle of June 27. His successor must begin taking the battle to the former president right now.