Washington Post reporter and columnist David Broder has been frequently barbecued in the progressive blogosphere in recent years for epitomizing the Beltway Establishment mindset, and particularly its reflexive support for bipartisanship in an era of Republican-driven polarization. But he’s also long harbored a quirk that is decidedly and unfortunately unusual among bigfoot journalists: an abiding interest in political and policy developments in the states. This interest leads Broder periodically to take up state grievances with Washington, and he does so today in a blistering column about pending election reform legislation in Congress, a high priority for House Democrats. Broder lauds the objectives of the Voter Confidence and Increased Accountability Act (cosponsored by Reps. Zoe Lofgren and Rush Holt), particularly its demand for a paper trail for electronic voting systems. But then he touts a variety of state government complaints about the legislation, and gets snarky towards the end in suggesting that House Democrats don’t really care if the bill works or not. The headline assigned the column by the Post–“A Paper Trail Towards Chaos?–decisively tilts the piece. It may well be that the bill’s deadlines and independent audit requirements need some work, and there will be plenty of time to refine it in the Senate if it gets that far. But it’s clear the states’, and thus Broder’s, main complaint is that Congress will never get around to fully funding the changes the bill’s demands. And that’s where I think Broder, and his state friends, are missing a very basic point. In our constitutional system, states have an independent and fundamental responsibility to operate elections fairly. If they choose to purchase voting machines that raise questions about the fairness and reliability of vote counts, it is their independent and fundamental responsibility to answer those questions. Lest we forget, state failures to competently administer elections, ensure the right to vote, and ensure that every vote is accurately counted, have for decades forced the federal government into this arena. This isn’t one of those government functions where the feds have intervened inappropriately. It’s not that I’m unsympathetic to the fiscal concerns of state governments in implementing federal mandates. I’ve spent a good part of my own career advocating for those concerns, and as it happens, back in the early 1980s, actually drafted a bill, subsequently adopted, creating a point of order against budget amendments that created unfunded mandates on state and local governments. And yes, Congress should fully fund this latest effort at election reform if it wants the reforms to work. But still, this ain’t a matter of Washington telling states how to fill potholes. A mandate to require states to fulfill one of their most important constitutional responsibilities is something states should welcome, or at least not carp about, and David Broder, given his credibility with state officials, should remind them of that.
TDS Strategy Memos
Latest Research from:
Editor’s Corner
By Ed Kilgore
-
January 30: Revocation of Funding Freeze a Promising Sign for Democrats
I was very closely watching the saga of OMB’s disastrous effort to freeze funding for a vast number of federal programs, and wrote about why it was actually revoked at New York.
This week the Trump administration set off chaos nationwide when it temporarily “paused” all federal grants and loans pending a review of which programs comply with Donald Trump’s policy edicts. The order came down in an unexpected memo issued by the Office of Management and Budget on Monday.
Now OMB has rescinded the memo without comment just as suddenly, less than a day after its implementation was halted by a federal judge. Adding to the pervasive confusion, White House Press Secretary Karoline Leavitt immediately insisted on Wednesday that the funding freeze was still on because Trump’s executive orders on DEI and other prohibited policies remained in place. But there’s no way this actually gets implemented without someone, somewhere, identifying exactly what’s being frozen. So for the moment, it’s safe to say the funding freeze is off.
Why did Team Trump back off this particular initiative so quickly? It’s easy to say the administration was responding to D.C. district judge Loren AliKhan’s injunction halting the freeze. But then again, the administration (and particularly OMB director nominee Russell Vought) has been spoiling for a court fight over the constitutionality of the Impoundment Control Act that the proposed freeze so obviously violated. Surely something else was wrong with the freeze, aside from the incredible degree of chaos associated with its rollout, requiring multiple clarifications of which agencies and programs it affected (which may have been a feature rather than a bug to the initiative’s government-hating designers). According to the New York Times, the original OMB memo, despite its unprecedented nature and sweeping scope, wasn’t even vetted by senior White House officials like alleged policy overlord Stephen Miller.
Democrats have been quick to claim that they helped generate a public backlash to the funding freeze that forced the administration to reverse direction, as Punchbowl News explained even before the OMB memo was rescinded:
“A Monday night memo from the Office of Management and Budget ordering a freeze in federal grant and loan programs sent congressional Republicans scrambling and helped Democrats rally behind a clear anti-Trump message. Senate Minority Leader Chuck Schumer blasted Trump as ‘lawless, destructive, cruel.’
“D.C. senator Patty Murray, the top Democrat on the Appropriations Committee, warned that thousands of federal programs could be impacted, including veterans, law enforcement and firefighters, suicide hotlines, military aid to foreign allies, and more …
“During a Senate Democratic Caucus lunch on Tuesday, Schumer urged his colleagues to make the freeze “relatable” to their constituents back home, a clear play for the messaging upper hand. Schumer also plans on doing several local TV interviews today.”
In other words, the funding freeze looks like a clear misstep for an administration and a Republican Party that were walking very tall after the 47th president’s first week in office, giving Democrats a rare perceived “win.” More broadly, it suggests that once the real-life implications of Trump’s agenda (including his assaults on federal spending and the “deep state”) are understood, his public support is going to drop like Wile E. Coyote with an anvil in his paws. If that doesn’t bother Trump or his disruptive sidekick, Elon Musk, it could bother some of the GOP members of Congress expected to implement the legislative elements of the MAGA to-do list for 2025.
It’s far too early, however, to imagine that the chaos machine humming along at 1600 Pennsylvania Avenue will fall silent even for a moment. OMB could very well issue a new funding-freeze memo the minute the injunction stopping the original one expires next week. If that doesn’t happen, there could be new presidential executive orders (like the ones that suspended certain foreign-aid programs and energy subsidies) and, eventually, congressional legislation. Democrats and Trump-skeptical Republicans will need to stay on their toes to keep up with this administration’s schemes and its willingness to shatter norms.
It’s true, nonetheless, that the electorate that lifted Trump to the White House for the second time almost surely wasn’t voting to sharply cut, if not terminate, the host of popular federal programs that appeared to be under the gun when OMB issued its funding freeze memo. Sooner or later the malice and the fiscal math that led to this and other efforts to destroy big areas of domestic governance will become hard to deny and impossible to rescind.