washington, dc

The Democratic Strategist

Political Strategy for a Permanent Democratic Majority

Ed Kilgore

March 8: Trump Takes Republicans Back to Their Protectionist Heritage

As the debate over the president’s decision to impose tariffs on steel and aluminum imports raged, I though it was important to give the subject a bit more historical perspective. So I did so at New York:

A lot of the pushback the president is getting on his decision to impose new tariffs on steel and aluminum imports suggests he is violating Republican economic policy orthodoxy. Here’s just one example from Russell Berman:

“The hastily arranged announcement horrified the veteran free-traders who lead the GOP in Congress: not only House Speaker Paul Ryan, but also the chairmen of the House and Senate committees with jurisdiction over trade, Kevin Brady of Texas and Orrin Hatch of Utah, respectively. Trump has rebuffed the efforts by Republican lawmakers and some of his own advisers to slow his drive for tariffs, and GOP leaders appear to lack either the will or the votes in Congress to block him legislatively.”

Yes, Republicans have recently been the party of free-traders, more or less. But as the paleoconservative Pat Buchanan reminds them, there’s an older tradition in the GOP to which Trump is entirely faithful:

“From Lincoln to William McKinley to Theodore Roosevelt, and from Warren Harding through Calvin Coolidge, the Republican Party erected the most awesome manufacturing machine the world had ever seen.

“And, as the party of high tariffs through those seven decades, the GOP was rewarded by becoming America’s Party.”

Buchanan is right. Certainly in the late 19th century the GOP was defined as the party of protectionism as much as it was identified with any other issue position. It was the great cause to which Benjamin Harrison devoted his career. William McKinley proudly put his name on the very high-tariff measure that Harrison signed into law. And McKinley’s successor Theodore Roosevelt once said: “Thank God I’m not a free-trader!” This was a policy tradition, moreover, that could be easily traced back to the GOP’s Whig ancestors and ultimately to Andrew Hamilton.

And Democrats were very much the party of free trade, at least from the days of Martin Van Buren. (Trump’s hero Jackson was not a free-trader in any systematic sense.) Tariffs were the key question separating the two parties in those close elections that capped the 19th century. But beyond that every single Democratic president since Van Buren has made lowering trade barriers a priority. That includes the last several Democrats in the White House; this is not an issue, like civil rights or economic regulation, where the two parties just exchanged positions in the 20th century, with “free trade” being a conservative position. FDR was perhaps the most rigorous free-trader ever, insisting on unilateral trade concessions to Western Europe after World War II. Going back further, the famous populist William Jennings Bryan was a big-time free-trader, too.

Republicans never completely stamped out their protectionist heritage, though market-based and internationalist trade policies became part of the anti-communist consensus after World War II. Recent GOP presidents from Nixon to George W. Bush found it necessary to impose the occasional retaliatory measure on imports affecting vulnerable and politically sensitive sectors like textiles and steel.

But when you listen to Trump talk about trade and tariffs, it’s clear that protectionism is at the center of his understanding of economic policy, not the periphery. I noticed this in June of 2016, when he had nailed down his party’s presidential nomination and was pulling no punches, going “high protectionist” in a speech in the ever-tariff-friendly state of Pennsylvania. Here’s a sample:

“Our politicians have aggressively pursued a policy of globalization — moving our jobs, our wealth, and our factories to Mexico and overseas. Globalization has made the financial elite who donate to politicians very wealthy. But it has left millions of our workers with nothing but poverty and heartache.

“When subsidized foreign steel is dumped into our markets, threatening our factories, the politicians do nothing.

“For years, they watched on the sidelines as our jobs vanished and our communities were plunged into depression-level unemployment. Many of these areas have still never recovered.”

This isn’t the language of a pol who just thinks trade negotiators haven’t been tough or smart enough. He objects to the very idea that economic globalization is or can be a good thing. So why wouldn’t he be perfectly happy with restricting trade?

The big question economically is whether Trump’s new tariffs, which aren’t a huge thing in themselves, have a spiraling effect on other country’s policies and on global investment markets. But the big question politically is whether Republican pols and opinion-leaders follow him down this path, as they have done on so many other matters.

Democrats have their own sorting-out to do on trade policy; “free trade” is now an unsavory term for most of them, and even Hillary Clinton abandoned Barack Obama’s trade agenda in 2016. But it’s important for them to understand the back-to-the-future trend in the GOP.


Trump Takes Republicans Back to Their Protectionist Heritage

As the debate over the president’s decision to impose tariffs on steel and aluminum imports raged, I though it was important to give the subject a bit more historical perspective. So I did so at New York:

A lot of the pushback the president is getting on his decision to impose new tariffs on steel and aluminum imports suggests he is violating Republican economic policy orthodoxy. Here’s just one example from Russell Berman:

“The hastily arranged announcement horrified the veteran free-traders who lead the GOP in Congress: not only House Speaker Paul Ryan, but also the chairmen of the House and Senate committees with jurisdiction over trade, Kevin Brady of Texas and Orrin Hatch of Utah, respectively. Trump has rebuffed the efforts by Republican lawmakers and some of his own advisers to slow his drive for tariffs, and GOP leaders appear to lack either the will or the votes in Congress to block him legislatively.”

Yes, Republicans have recently been the party of free-traders, more or less. But as the paleoconservative Pat Buchanan reminds them, there’s an older tradition in the GOP to which Trump is entirely faithful:

“From Lincoln to William McKinley to Theodore Roosevelt, and from Warren Harding through Calvin Coolidge, the Republican Party erected the most awesome manufacturing machine the world had ever seen.

“And, as the party of high tariffs through those seven decades, the GOP was rewarded by becoming America’s Party.”

Buchanan is right. Certainly in the late 19th century the GOP was defined as the party of protectionism as much as it was identified with any other issue position. It was the great cause to which Benjamin Harrison devoted his career. William McKinley proudly put his name on the very high-tariff measure that Harrison signed into law. And McKinley’s successor Theodore Roosevelt once said: “Thank God I’m not a free-trader!” This was a policy tradition, moreover, that could be easily traced back to the GOP’s Whig ancestors and ultimately to Andrew Hamilton.

And Democrats were very much the party of free trade, at least from the days of Martin Van Buren. (Trump’s hero Jackson was not a free-trader in any systematic sense.) Tariffs were the key question separating the two parties in those close elections that capped the 19th century. But beyond that every single Democratic president since Van Buren has made lowering trade barriers a priority. That includes the last several Democrats in the White House; this is not an issue, like civil rights or economic regulation, where the two parties just exchanged positions in the 20th century, with “free trade” being a conservative position. FDR was perhaps the most rigorous free-trader ever, insisting on unilateral trade concessions to Western Europe after World War II. Going back further, the famous populist William Jennings Bryan was a big-time free-trader, too.

Republicans never completely stamped out their protectionist heritage, though market-based and internationalist trade policies became part of the anti-communist consensus after World War II. Recent GOP presidents from Nixon to George W. Bush found it necessary to impose the occasional retaliatory measure on imports affecting vulnerable and politically sensitive sectors like textiles and steel.

But when you listen to Trump talk about trade and tariffs, it’s clear that protectionism is at the center of his understanding of economic policy, not the periphery. I noticed this in June of 2016, when he had nailed down his party’s presidential nomination and was pulling no punches, going “high protectionist” in a speech in the ever-tariff-friendly state of Pennsylvania. Here’s a sample:

“Our politicians have aggressively pursued a policy of globalization — moving our jobs, our wealth, and our factories to Mexico and overseas. Globalization has made the financial elite who donate to politicians very wealthy. But it has left millions of our workers with nothing but poverty and heartache.

“When subsidized foreign steel is dumped into our markets, threatening our factories, the politicians do nothing.

“For years, they watched on the sidelines as our jobs vanished and our communities were plunged into depression-level unemployment. Many of these areas have still never recovered.”

This isn’t the language of a pol who just thinks trade negotiators haven’t been tough or smart enough. He objects to the very idea that economic globalization is or can be a good thing. So why wouldn’t he be perfectly happy with restricting trade?

The big question economically is whether Trump’s new tariffs, which aren’t a huge thing in themselves, have a spiraling effect on other country’s policies and on global investment markets. But the big question politically is whether Republican pols and opinion-leaders follow him down this path, as they have done on so many other matters.

Democrats have their own sorting-out to do on trade policy; “free trade” is now an unsavory term for most of them, and even Hillary Clinton abandoned Barack Obama’s trade agenda in 2016. But it’s important for them to understand the back-to-the-future trend in the GOP.


March 2: Looks Like Trump Imposed Tariffs To Make Himself Feel Better On a Bad Day

No matter how you feel about the tariffs on steel and aluminum imports that the president imposed this week, the way the decision was made and announced has to be concerning to everyone. I wrote about that at New York.

Taking the kind of action the president took this week in imposing tariffs on steel and aluminum imports is a perilous endeavor for multiple reasons. It may impose more economic damage on Americans than it prevents. It arguably violates world trading rules. It invites retaliation. It can be very destabilizing for markets and investors.

And if you happen to be a Republican president, imposing tariffs can upset much of your party’s free-market opinion leaders, business constituencies, and campaign donors.

While Trump’s action should not have surprised anyone who listened to him rant and rave on the campaign trail about Uncle Sucker getting kicked around by trading partners, it’s still unsettling how he made it. As Eric Levitz noted, it seems to have been an “impulsive action” that was made at a time when the elaborate advisory mechanisms set up to guide him on international economic issues were in chaos.

The more we learn about it, the picture gets even worse.

It’s important to understand that under the process laid out under the Trade Expansion Act of 1962, the domestic legal authority for these new tariffs, Trump had until April 11 to act on the Commerce Department’s recommendations on steel imports, and until April 19 to act on aluminum. He jumped the gun in a big way, trashing the usual procedures for explaining the action to the public, other countries, and various economic players. Why was that? According to NBC News, Trump was freaked out over other, entirely unrelated problems, and basically launched a trade war to make himself feel better. Seriously.

“On Wednesday evening, the president became “unglued,” in the words of one official familiar with the president’s state of mind.

“A trifecta of events had set him off in a way that two officials said they had not seen before: Hope Hicks’ testimony to lawmakers investigating Russia’s interference in the 2016 election, conduct by his embattled attorney general and the treatment of his son-in-law by his chief of staff.

“Trump, the two officials said, was angry and gunning for a fight, and he chose a trade war, spurred on by Commerce Secretary Wilbur Ross and Peter Navarro, the White House director for trade.”

This culminated in a seat-of-the-pants decision announced at a White House meeting that was advertised as a discussion:

“The Thursday morning meeting did not originally appear on the president’s public schedule. Shortly after it began, reporters were told that Ross had convened a ‘listening’ session at the White House with 15 executives from the steel and aluminum industry.

“Then, an hour later, in an another unexpected move, reporters were invited to the Cabinet room. Without warning, Trump announced on the spot that he was imposing new strict tariffs on imports.

“By Thursday afternoon, the U.S. stock market had fallen and Trump, surrounded by his senior advisers in the Oval Office, was said to be furious.”

And that’s the constant in this whole situation: The president is furious, and someone has to pay.


Looks Like Trump Imposed Tariffs To Make Himself Feel Better On a Bad Day

No matter how you feel about the tariffs on steel and aluminum imports that the president imposed this week, the way the decision was made and announced has to be concerning to everyone. I wrote about that at New York.

Taking the kind of action the president took this week in imposing tariffs on steel and aluminum imports is a perilous endeavor for multiple reasons. It may impose more economic damage on Americans than it prevents. It arguably violates world trading rules. It invites retaliation. It can be very destabilizing for markets and investors.

And if you happen to be a Republican president, imposing tariffs can upset much of your party’s free-market opinion leaders, business constituencies, and campaign donors.

While Trump’s action should not have surprised anyone who listened to him rant and rave on the campaign trail about Uncle Sucker getting kicked around by trading partners, it’s still unsettling how he made it. As Eric Levitz noted, it seems to have been an “impulsive action” that was made at a time when the elaborate advisory mechanisms set up to guide him on international economic issues were in chaos.

The more we learn about it, the picture gets even worse.

It’s important to understand that under the process laid out under the Trade Expansion Act of 1962, the domestic legal authority for these new tariffs, Trump had until April 11 to act on the Commerce Department’s recommendations on steel imports, and until April 19 to act on aluminum. He jumped the gun in a big way, trashing the usual procedures for explaining the action to the public, other countries, and various economic players. Why was that? According to NBC News, Trump was freaked out over other, entirely unrelated problems, and basically launched a trade war to make himself feel better. Seriously.

“On Wednesday evening, the president became “unglued,” in the words of one official familiar with the president’s state of mind.

“A trifecta of events had set him off in a way that two officials said they had not seen before: Hope Hicks’ testimony to lawmakers investigating Russia’s interference in the 2016 election, conduct by his embattled attorney general and the treatment of his son-in-law by his chief of staff.

“Trump, the two officials said, was angry and gunning for a fight, and he chose a trade war, spurred on by Commerce Secretary Wilbur Ross and Peter Navarro, the White House director for trade.”

This culminated in a seat-of-the-pants decision announced at a White House meeting that was advertised as a discussion:

“The Thursday morning meeting did not originally appear on the president’s public schedule. Shortly after it began, reporters were told that Ross had convened a ‘listening’ session at the White House with 15 executives from the steel and aluminum industry.

“Then, an hour later, in an another unexpected move, reporters were invited to the Cabinet room. Without warning, Trump announced on the spot that he was imposing new strict tariffs on imports.

“By Thursday afternoon, the U.S. stock market had fallen and Trump, surrounded by his senior advisers in the Oval Office, was said to be furious.”

And that’s the constant in this whole situation: The president is furious, and someone has to pay.


February 28: The GOP’s Especially Big Base/Swing Dilemma

Looking at recent polling trends and their relationship to political news, I had a thought that I explained in some detail at New York:

For a while there in January and early February, American politics revolved around phenomena other than the volcanic personality of our president: the effect of the December 2017 GOP tax cuts; positive economic news; the fate of Dreamers; an appropriations battle in which Trump was mostly on the sidelines. Coincidentally or not, both the president and his party had some of their sunniest polling numbers in a long time last month. Trump’s approval rating moved north of 40 percent and stayed there in most assessments, and the double-digit Democratic advantages in the generic congressional ballot that grew common in December were more than halved overall. One highly publicized poll from Morning Consult in early February had Republicans actually moving ahead.

But as Eric Levitz recently observed, the Democratic “polling panic” has now subsided, with the generic ballot numbers moving back toward the robust advantages for the Donkey Party we saw in December. And now it’s becoming clear Trump’s own approval ratings are following the same pattern: In FiveThirtyEight’s averages (which adjust the numbers for established partisan “leans” and also give slightly greater weight to more accurate pollsters), he’s back below 40 percent, where he spent most of 2017.

It’s possible these trends simply reflect a reversion to the mean after a short, atypical moment. But it may be less than coincidental that the end of that moment occurred during a period when Trump was very large if not necessarily in charge.

During the last three weeks, political news has been dominated by fresh evidence of turmoil in the White House (punctuated by the Porter scandal that represented a combo platter of incompetence and insensitivity about domestic violence), new developments in the Mueller investigation, and erratic Trump behavior on Twitter and elsewhere. A particularly dangerous juncture for Trump may have been the Presidents’ Day weekend when he went on an extended Twitter rampage, mostly about the FBI and the Mueller investigation, even as media focused on the Parkland massacre. The jury’s still out on the effect of the president’s personal involvement in the post-massacre debate on gun control, though his steadily increasing investment in the loopy idea of arming teachers doesn’t bode well for him.

If this theory is right, or even half right, we should expect some more short-term deterioration in the president’s approval ratings and the GOP’s standing in the generic ballot. More importantly, it underscores a persistent dilemma for the president’s team. Without question, Trump being Trump is important to the maintenance of maximum excitement within his electoral base, and that is an asset of great importance in relatively low-turnout midterm elections. But if Republicans need the simmering anti-liberal resentments of the MAGA crowd to remain at a near-boiling-point as November approaches, the presidential behavior that most reliably keeps the heat on also appears to repel voters who might be otherwise persuaded to stick with Trump’s party on policy grounds.

How to balance base mobilization and swing-voter persuasion is a perennial puzzle for any political party. But it’s especially complicated when the base glories in the very characteristics of a leader that actually frighten others. If Republicans become convinced that revving up the base is the only thing they care about in this midterm election cycle, they won’t have to do a whole lot to encourage Trump to go absolutely wild for weeks on end.


The GOP’s Especially Big Base/Swing Dilemma

Looking at recent polling trends and their relationship to political news, I had a thought that I explained in some detail at New York:

For a while there in January and early February, American politics revolved around phenomena other than the volcanic personality of our president: the effect of the December 2017 GOP tax cuts; positive economic news; the fate of Dreamers; an appropriations battle in which Trump was mostly on the sidelines. Coincidentally or not, both the president and his party had some of their sunniest polling numbers in a long time last month. Trump’s approval rating moved north of 40 percent and stayed there in most assessments, and the double-digit Democratic advantages in the generic congressional ballot that grew common in December were more than halved overall. One highly publicized poll from Morning Consult in early February had Republicans actually moving ahead.

But as Eric Levitz recently observed, the Democratic “polling panic” has now subsided, with the generic ballot numbers moving back toward the robust advantages for the Donkey Party we saw in December. And now it’s becoming clear Trump’s own approval ratings are following the same pattern: In FiveThirtyEight’s averages (which adjust the numbers for established partisan “leans” and also give slightly greater weight to more accurate pollsters), he’s back below 40 percent, where he spent most of 2017.

It’s possible these trends simply reflect a reversion to the mean after a short, atypical moment. But it may be less than coincidental that the end of that moment occurred during a period when Trump was very large if not necessarily in charge.

During the last three weeks, political news has been dominated by fresh evidence of turmoil in the White House (punctuated by the Porter scandal that represented a combo platter of incompetence and insensitivity about domestic violence), new developments in the Mueller investigation, and erratic Trump behavior on Twitter and elsewhere. A particularly dangerous juncture for Trump may have been the Presidents’ Day weekend when he went on an extended Twitter rampage, mostly about the FBI and the Mueller investigation, even as media focused on the Parkland massacre. The jury’s still out on the effect of the president’s personal involvement in the post-massacre debate on gun control, though his steadily increasing investment in the loopy idea of arming teachers doesn’t bode well for him.

If this theory is right, or even half right, we should expect some more short-term deterioration in the president’s approval ratings and the GOP’s standing in the generic ballot. More importantly, it underscores a persistent dilemma for the president’s team. Without question, Trump being Trump is important to the maintenance of maximum excitement within his electoral base, and that is an asset of great importance in relatively low-turnout midterm elections. But if Republicans need the simmering anti-liberal resentments of the MAGA crowd to remain at a near-boiling-point as November approaches, the presidential behavior that most reliably keeps the heat on also appears to repel voters who might be otherwise persuaded to stick with Trump’s party on policy grounds.

How to balance base mobilization and swing-voter persuasion is a perennial puzzle for any political party. But it’s especially complicated when the base glories in the very characteristics of a leader that actually frighten others. If Republicans become convinced that revving up the base is the only thing they care about in this midterm election cycle, they won’t have to do a whole lot to encourage Trump to go absolutely wild for weeks on end.


February 22: Partisan Gerrymandering Is Under Fire

After sorting through the various controversies over partisan gerrymandering, I wrote an analysis of how redistricting reform is changing for New York.

The recent decision of the Pennsylvania Supreme Court to overturn and redraw a congressional map it deemed an unconstitutional partisan gerrymander by the GOP-controlled legislature illustrates a big and important trend in efforts to provide fair redistricting, just before a new decennial cycle begins.

Public (and sometimes judicial) opinion has long been scandalized by the common practice of partisan gerrymandering (particularly when it comes to state legislators drawing their own districts). But until quite recently, the focus of redistricting reform was on who drew the maps and what they looked like to the untrained eye. It’s not surprising that the most prominent national redistricting reform initiative has long been legislation developed by former Tennessee congressman John Tanner (reintroduced regularly after his 2010 retirement by Tennessee colleagues).

The Tanner bill would require that redistricting decisions be made by independent commissions whose members are appointed by the legislatures with formal responsibility for drawing maps. It also requires that the commissions to respect wherever possible what are generally called “traditional redistricting principles” such as compact and contiguous districts. This latter guideline was meant to avoid the unsightly lashed-together districts that gave “gerrymandering” (identified with early 19th-century Massachusetts pol Elbridge Gerry, who was complicit in drawing a district that looked like a salamander) its very name.

Despite the perennial popularity in good government circles of Tanner-style redistricting reform, its limitations have also become obvious. Thirteen states currently deploy some kind of independent redistricting body with responsibility for redistricting (though six of them do not handle congressional maps). But to the extent that members are appointed by partisan pols, their “independence” is perpetually suspect.

It’s also increasingly clear that the finely grained data available to map-drawers, which they can manipulate via sophisticated software, has made “traditional redistricting principles” less effective in combating gerrymanders. The Pennsylvania case in the news right now provides a great illustration: After the state Supreme Court told the legislature to come up with a new congressional map that was less partisan and also less disruptive of traditional redistricting principles, the solons promptly came up with a map that looked a lot neater and nicer but was just as partisan as the original.

So the Pennsylvania court emulated a federal district court in Wisconsin in looking beyond the usual considerations and challenging partisan gerrymanders not for how they were devised but for their partisan impact. And like that Wisconsin federal court, the Pennsylvania state court relied on new measurements of partisanship — notably a social science tool called “efficiency gap” — to measure the effect of partisan gerrymandering and determine an appropriate standard.

That’s why the timing of the Pennsylvania court intervention is so interesting. The U.S. Supreme Court is expected to rule on the Wisconsin case — and on an alleged Democratic partisan gerrymander in Maryland, which a district court in that state refused to overturn — before the current term’s end in June. And the decision is expected to turn, as is so often the case, on the views of Justice Anthony Kennedy, who in the last big gerrymandering case (Vieth v. Jubelirer) back in 2004, fretted over the lack of a workable standard for partisan bias.

“Kennedy was also looking for a “limited and precise rationale … to correct an established violation of the Constitution in some redistricting cases.” He didn’t find one in that case, ruling against Democrats challenging a Republican gerrymander in the state. But he signaled he would be open to striking down extreme partisan gerrymanders if the court could agree on a standard to do so, like in racial gerrymandering cases where it’s possible to prove a clear violation of the Voting Rights Act.

“Voting rights advocates are hoping that time has come.”

Whatever SCOTUS is or is not planning, the Pennsylvania decision is probably a done deal, and could serve as an inspiration to state courts elsewhere with similar state constitutional provisions guaranteeing equal protection of the laws and equal voting rights. Yes, Republicans are trying to get the decision thrown out on grounds that the Pennsylvania judges are usurping the legislature’s U.S. Constitutionally established power over redistricting. But SCOTUS has already rejected an emergency appeal on that basis, and one voting rights expert called the GOP legal effort “the mother of all Hail Marys in terms of its likelihood to succeed.”

And if SCOTUS does rule in favor of the gerrymandering challengers, it could have a large impact on the next round of redistricting due to begin in 2021, whether or not it has the kind of effect on 2018 House races that Democrats hailing the Pennsylvania decision hope for.


Partisan Gerrymandering Is Under Fire

After sorting through the various controversies over partisan gerrymandering, I wrote an analysis of how redistricting reform is changing for New York.

The recent decision of the Pennsylvania Supreme Court to overturn and redraw a congressional map it deemed an unconstitutional partisan gerrymander by the GOP-controlled legislature illustrates a big and important trend in efforts to provide fair redistricting, just before a new decennial cycle begins.

Public (and sometimes judicial) opinion has long been scandalized by the common practice of partisan gerrymandering (particularly when it comes to state legislators drawing their own districts). But until quite recently, the focus of redistricting reform was on who drew the maps and what they looked like to the untrained eye. It’s not surprising that the most prominent national redistricting reform initiative has long been legislation developed by former Tennessee congressman John Tanner (reintroduced regularly after his 2010 retirement by Tennessee colleagues).

The Tanner bill would require that redistricting decisions be made by independent commissions whose members are appointed by the legislatures with formal responsibility for drawing maps. It also requires that the commissions to respect wherever possible what are generally called “traditional redistricting principles” such as compact and contiguous districts. This latter guideline was meant to avoid the unsightly lashed-together districts that gave “gerrymandering” (identified with early 19th-century Massachusetts pol Elbridge Gerry, who was complicit in drawing a district that looked like a salamander) its very name.

Despite the perennial popularity in good government circles of Tanner-style redistricting reform, its limitations have also become obvious. Thirteen states currently deploy some kind of independent redistricting body with responsibility for redistricting (though six of them do not handle congressional maps). But to the extent that members are appointed by partisan pols, their “independence” is perpetually suspect.

It’s also increasingly clear that the finely grained data available to map-drawers, which they can manipulate via sophisticated software, has made “traditional redistricting principles” less effective in combating gerrymanders. The Pennsylvania case in the news right now provides a great illustration: After the state Supreme Court told the legislature to come up with a new congressional map that was less partisan and also less disruptive of traditional redistricting principles, the solons promptly came up with a map that looked a lot neater and nicer but was just as partisan as the original.

So the Pennsylvania court emulated a federal district court in Wisconsin in looking beyond the usual considerations and challenging partisan gerrymanders not for how they were devised but for their partisan impact. And like that Wisconsin federal court, the Pennsylvania state court relied on new measurements of partisanship — notably a social science tool called “efficiency gap” — to measure the effect of partisan gerrymandering and determine an appropriate standard.

That’s why the timing of the Pennsylvania court intervention is so interesting. The U.S. Supreme Court is expected to rule on the Wisconsin case — and on an alleged Democratic partisan gerrymander in Maryland, which a district court in that state refused to overturn — before the current term’s end in June. And the decision is expected to turn, as is so often the case, on the views of Justice Anthony Kennedy, who in the last big gerrymandering case (Vieth v. Jubelirer) back in 2004, fretted over the lack of a workable standard for partisan bias.

“Kennedy was also looking for a “limited and precise rationale … to correct an established violation of the Constitution in some redistricting cases.” He didn’t find one in that case, ruling against Democrats challenging a Republican gerrymander in the state. But he signaled he would be open to striking down extreme partisan gerrymanders if the court could agree on a standard to do so, like in racial gerrymandering cases where it’s possible to prove a clear violation of the Voting Rights Act.

“Voting rights advocates are hoping that time has come.”

Whatever SCOTUS is or is not planning, the Pennsylvania decision is probably a done deal, and could serve as an inspiration to state courts elsewhere with similar state constitutional provisions guaranteeing equal protection of the laws and equal voting rights. Yes, Republicans are trying to get the decision thrown out on grounds that the Pennsylvania judges are usurping the legislature’s U.S. Constitutionally established power over redistricting. But SCOTUS has already rejected an emergency appeal on that basis, and one voting rights expert called the GOP legal effort “the mother of all Hail Marys in terms of its likelihood to succeed.”

And if SCOTUS does rule in favor of the gerrymandering challengers, it could have a large impact on the next round of redistricting due to begin in 2021, whether or not it has the kind of effect on 2018 House races that Democrats hailing the Pennsylvania decision hope for.


February 16: No Slam Dunk for Republicans in PA-18 After All

Perusing the polls this week, some good news for Democrats popped up. I wrote about it at New York.

Democrats have been going through a sort of Poll Panic of late, agonizing over the apparent loss of a big advantage in the congressional generic ballot, and also small but steady improvements in the president’s job approval ratings.

Today, it’s Republicans’ turn to look at poll numbers and freak.

A rare public poll (from Monmouth) of the special congressional election race in the 18th Congressional District of Pennsylvania shows Democrat Conor Lamb within the margin of error of the lead of Republican Rick Saccone. The lead for Saccone ranges from five points (50/45) in a low-turnout scenario, to four points (48/44) in a very-high-turnout scenario, to just three points (49/46) in a scenario based on the turnout patterns in 2017 special elections.

That’s newsworthy because this is a race where the Republican should be far ahead. PA-18 is both strongly Republican and strongly pro-Trump. The GOP congressman (Tim Murphy) whose sex-scandal-driven resignation forced this special election faced no Democratic opponent in 2016 or 2014; even in the Democratic landslide years of 2006 and 2008 he won with 58 percent and 64 percent of the vote, respectively. There is not, moreover, any reason to expect an anti-Trump backlash to demoralize Republican voters: Trump carried the 18th by 20 points (as compared to his one-point margin in Georgia’s Sixth District, the historically Republican district that was the site of last year’s hottest House special election).

Some observers of the race have noted that Lamb, a young former prosecutor with deep roots in Pittsburgh politics, is a more attractive figure than Saccone. But the Republican has been given every bit of help money and power can arrange. Trump is scheduled to make his second appearance with Saccone next week. Mike Pence has been thumping the tubs for him as well.

For poll skeptics, Monmouth has a very good reputation, and it’s not some routinely pro-Democratic outfit (indeed, a January Monmouth poll showing the Democratic congressional generic ballot lead dropping to two points probably started the current Poll Panic among members of the Donkey Party). And for the record, it used the same variable-turnout-model approach in the run-up to December’s Alabama general election, and its 2017 special election model showed a dead heat, even as most pollsters predicted a Moore win.

If Lamb does pull the upset, or even gets close, it will provide fresh evidence that 2018 could be a big year for House Democrats — and that Trump Country territory like southwest Pennsylvania isn’t safe.


No Slam Dunk for Republicans in PA-18 After All

Perusing the polls this week, some good news for Democrats popped up. I wrote about it at New York.

Democrats have been going through a sort of Poll Panic of late, agonizing over the apparent loss of a big advantage in the congressional generic ballot, and also small but steady improvements in the president’s job approval ratings.

Today, it’s Republicans’ turn to look at poll numbers and freak.

A rare public poll (from Monmouth) of the special congressional election race in the 18th Congressional District of Pennsylvania shows Democrat Conor Lamb within the margin of error of the lead of Republican Rick Saccone. The lead for Saccone ranges from five points (50/45) in a low-turnout scenario, to four points (48/44) in a very-high-turnout scenario, to just three points (49/46) in a scenario based on the turnout patterns in 2017 special elections.

That’s newsworthy because this is a race where the Republican should be far ahead. PA-18 is both strongly Republican and strongly pro-Trump. The GOP congressman (Tim Murphy) whose sex-scandal-driven resignation forced this special election faced no Democratic opponent in 2016 or 2014; even in the Democratic landslide years of 2006 and 2008 he won with 58 percent and 64 percent of the vote, respectively. There is not, moreover, any reason to expect an anti-Trump backlash to demoralize Republican voters: Trump carried the 18th by 20 points (as compared to his one-point margin in Georgia’s Sixth District, the historically Republican district that was the site of last year’s hottest House special election).

Some observers of the race have noted that Lamb, a young former prosecutor with deep roots in Pittsburgh politics, is a more attractive figure than Saccone. But the Republican has been given every bit of help money and power can arrange. Trump is scheduled to make his second appearance with Saccone next week. Mike Pence has been thumping the tubs for him as well.

For poll skeptics, Monmouth has a very good reputation, and it’s not some routinely pro-Democratic outfit (indeed, a January Monmouth poll showing the Democratic congressional generic ballot lead dropping to two points probably started the current Poll Panic among members of the Donkey Party). And for the record, it used the same variable-turnout-model approach in the run-up to December’s Alabama general election, and its 2017 special election model showed a dead heat, even as most pollsters predicted a Moore win.

If Lamb does pull the upset, or even gets close, it will provide fresh evidence that 2018 could be a big year for House Democrats — and that Trump Country territory like southwest Pennsylvania isn’t safe.