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.
TDS Strategy Memos
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By Ed Kilgore
Noting a shift in some of the rhetoric we are hearing from both parties, I tried to explain it at New York:
Earlier this week, I got an unusual communication from a member of the White House press corps who wondered if I had inspired Joe Biden’s use of the term ultra-MAGA for Rick Scott’s wildly right-wing 2022 agenda for Republicans. I owned up to contriving the term in an effort to describe Scott’s combination of Trumpian rhetoric with Goldwater-era policy extremism. But I had no idea if Biden or someone in his circle read my piece and decided to borrow the neologism or (more likely) came up with it independently for parallel reasons.
Biden hasn’t just hit Scott with “ultra-MAGA”; in the same speech, he also referred to Trump himself as “the great MAGA king.” And Senate Majority Leader Chuck Schumer has taken to railing against “MAGA Republicans” as well.
So Democratic leaders are now saying “MAGA” (Make America Great Again) where they would have once used “right wing” or “ultraconservative” or even “wingnut.” This appeared to be a strategic decision, not just a verbal tic or a tossed-off insult. And indeed, on Friday, the Washington Post reported that the rhetorical shift is the result of a six-month research project led by Biden adviser Anita Dunn and the Center for American Progress Action Fund:
“The polling and focus group research by Hart Research and the Global Strategy Group found that “MAGA” was already viewed negatively by voters — more negatively than other phrases like ‘Trump Republicans.’
“In battleground areas, more than twice as many voters said they would be less likely to vote for someone called a ‘MAGA Republican’ than would be more likely. The research also found that the description tapped into the broad agreement among voters that the Republican Party had become more extreme and power-hungry in recent years.”
Despite the potential liabilities, usage of “MAGA” and its variants has been spreading in Republican ranks as well — and the trend began even before Trump decided he liked Biden’s insult and started posting MAGA King memes on Truth Social. For example, Steve Bannon referred to Pennsylvania Senate candidate Kathy Barnette’s rivalry with the Trump-endorsed Mehmet Oz as “MAGA vs. ULTRA-MAGA.” The former Trump adviser was using “ULTRA-MAGA” as a compliment; in his eyes, Barnette is deeply devoted to The Cause, while the TV doctor is most palpably devoted to self-promotion.
So why is this happening now? And is the greater embrace of the term on both the right and the left just a coincidence? I don’t think so.
Democrats really need to make the 2022 midterm elections comparative rather than the usual referendum on the current occupant of the White House, who is held responsible for whatever unhappiness afflicts the electorate, which is reflected in Biden’s chronically low job-approval ratings. They also need to find a way to motivate elements of the Democratic base to vote in November, which isn’t easy because (a) Democratic constituencies (particularly young people) rarely vote in proportional numbers in non-presidential elections without extreme provocation, and (b) many base voters are “unenthusiastic” about voting thanks to disappointment over the limited accomplishments Biden and his congressional allies have chalked up since taking control of Washington.
The tried-and-true bogeyman who could help make 2022 comparative because he continues to meddle in politics and threaten a comeback is, of course, Trump. The specter of his return could be especially scary to young voters, whose unusually high 2018 turnout was attributable to their loathing for the 45th president. So it behooves Democrats to remind voters as often as possible that the Republican candidates who are on the ballot this November are surrogates for the Great Orange Tyrant. And invoking the red-hat symbolism of MAGA is an efficient way to do that. “Ultra-MAGA” suggests there are Republicans who are Trumpier than Trump, like Scott. The whole GOP, we can expect Biden to regularly suggest between now and November, is crazier than a sack of rats and getting crazier by the minute. That’s more important than the price of gasoline at any given moment.
For similar reasons, in intra-Republican politics, the MAGA brand is legal tender among the majority of GOP voters who turn to Mar-a-Lago for direction the way that flowers turn toward the sun. Wearing the red hat or referring to themselves as “MAGA warriors” is a way for Republican politicians to show a particular attachment to Trump. And ultra-MAGA is essential for candidates like Barnette who follow the Trump agenda slavishly but don’t have the Boss’s actual endorsement for whatever reason. It’s also a handy way for ambitious right-wing politicians to suggest there is a cause that will survive Trump’s own career and will indeed flourish under their own leadership. MAGA works a lot better as a symbol of Trumpism Without Trump than such debatable and obscure terms as national conservatism or conservative populism. When he goes after Mickey Mouse with a claw hammer, Ron DeSantis is definitely ultra-MAGA, especially compared to such damaged goods as Mike Pence, who is merely MAGA or even ex-MAGA.
So get used to it. Until we get a better fix on how to describe the ideology of the followers of Donald Trump, both they and their political opponents are likely to keep relying on the MAGA brand, which now means more than the nostalgia for the white patriarchy of yore that Team Trump probably had in mind when it came up with the slogan to begin with. If Trump runs for president in 2024, he’ll have to decide whether his slogan will be “Make America Great Again, Again” (as he has already redubbed his super-PAC) or something else. But for now, everybody pretty much knows it means one person’s dream and another’s nightmare.