washington, dc

The Democratic Strategist

Political Strategy for a Permanent Democratic Majority

Ed Kilgore

April 7: Explaining Republican Optimism

I tried to put myself in Republican shoes for a moment, and explored at New York why so many of these elephants think their current path is a winner.

At FiveThirtyEight this week, Perry Bacon Jr. explores a very important political mystery: why a Republican Party that lost control of the White House and Congress over the last four years — and that is at the north end of a south-bound brontosaurus when it comes to demographic trends — seems so completely happy with standing pat on its ideology and leadership.

Bacon goes through multiple theories for this resistance to introspection, including activist and media love for Trump and Trumpism; rank-and-file complacency with the current direction of the GOP; Trump’s own refusal to go away; and perhaps most important, the realization that this is an old story by now, that we are looking at a “[c]ollective decision of conservative activists and Republican elected officials to stay on the anti-democraticracist trajectory that the GOP had been on before Trump — but that he accelerated.”

Since we are talking about people operating in what is largely a winner-take-all political system, who are following a leader who professes to be all about “winning,” perhaps the most interesting reason for the manifest Republican complacency is the belief that an immediate comeback is not simply possible but likely. Some of this is a matter of degree, says Bacon:

“Historically, parties have done more self-reflection and been more likely to change course when they’ve hit electoral low points….

“In contrast, Trump would have won reelection had he done only about 1 percentage point better in Pennsylvania and Wisconsin and about 3 points better in Michigan. Republicans would still control the Senate had Republican David Perdue won about 60,000 more votes (out of nearly 4.5 million cast) against Democrat Jon Ossoff in Georgia’s Senate runoff. A slew of court rulings that forced the redrawing of House district lines in less favorable ways to the GOP helped the Democrats win several seats — otherwise, Republicans might have won back the House. Add all that up, and 2020 wasn’t that far from resulting in a Republican trifecta.”

But close only counts in horseshoes and hand grenades. Republicans have now lost three of the last four presidential elections, and have won the national popular vote just once in the last eight presidential elections. They are still getting clobbered among the younger voters (61 percent of under-30 voters preferred Biden to Trump, according to a Tufts study) who will increasingly dominate elections. Trends among the youngest voters, from increased diversity to decreased church attendance, are not friendly to the GOP.

So where does the Republican optimism come from? There are several factors, as I explore below:

The 2022 midterms look sunny

The over-performance by Republicans in 2020 House races gives them what is historically a very good chance to retake that chamber in 2022, as Kyle Kondik recently noted:

“Since the Civil War, there have been 40 midterm elections. The party that held the White House lost ground in the House in 37 of those elections, with an average seat loss of 33. Since the end of World War II, the average seat loss is a little smaller — 27 — but still significant.”

Based on the House as it was shaped after November 2020, Republicans would only need to flip five net seats to regain the majority. The Senate is iffier thanks to a landscape dotted with GOP retirements. But busting up the Democratic trifecta would have a massive effect on the Biden administration’s ability to enact legislation.

Redistricting will beef up Republican gains

The decennial process of reapportioning and redistricting congressional and state legislative seats will soon be underway. And thanks to what one analyst called “an abysmal showing by Democrats in state legislative races” in 2020, Republicans are in a good position to reinforce their advantage over the next decade.

At the congressional level, reapportionment of seats between the states will give GOP-controlled state legislatures new seats to play with (especially in Florida, which will gain two seats, and in Texas, which will gain three). Redistricting is harder to predict, but as Geoffrey Skelley noted in November, it will likely favor Republicans:

“The GOP is set to fully control redistricting for about two-fifths of all House seats, while Democrats will only hold sway over one-tenth of them, with the remaining seats are in states with divided governments or where redistricting is done by a commission system. The Republican line-drawing advantage should help the party draw favorable maps that could help the GOP win more seats than we might otherwise expect.”

Republicans will do more with less popular support

The redistricting factor is one of several examples of the GOP’s willingness and ability to counter Democratic popular support with institutional arrangements that magnify minority power, from gerrymandering to the Electoral College to the Senate filibuster to voter suppression efforts. Perhaps Republicans didn’t get close enough in 2020 to convert such bonus points into trifecta control, but they understand that actual popular majorities are not the point.

They think Trumpism is a strategy for party expansion

While most Democrats tend to think of Trumpism as the last-gasp effort of a reactionary party to hold onto power by polarizing the country and eking out narrow electoral victories by mobilizing culturally threatened voters with hate and rage, Republicans naturally don’t see it that way. As Representative Jim Banks illustrated in his recent memo to Kevin McCarthy about GOP messaging in 2021 and beyond, they think Trumpism is about making a country-club party the “party of the [white] working class,” which can appeal to a growing segment of minority voters as well. This notion is mostly based on the theory that cultural conservatism is more powerful among white working-class voters and Black and Latino men than the more tangible economic offerings of Democrats.

It’s an approach which Republicans have been pursuing since the days of Richard Nixon, when the white working-class portion of the population was vastly larger, but it’s still exciting to those who think Trump invented it.

Many of them think they really won in 2020

While those of us in the reality-based community scoff at the claims of the MAGA wing of the Republican Party that Democrats stole the 2020 election (and presumably control of Congress along with it), the fact remains that it’s an article of faith among many of the rank-and-file Republicans (55 percent of them, according to a recent Reuters-Ipsos survey) who are the most important consumers for GOP messaging going forward. Accordingly, the current crusade in Republican-controlled state governments in key battleground states to restrict voting rights isn’t viewed by them as a matter of vengeance or of panic-striken authoritarianism, but as a blow to fraudsters that is likely to produce or expand Republican victories in the near future.

This factually-challenged but emotionally powerful perspective, which has been reinforced constantly by Trump-aligned media, a big share of Republican elected officials, and state and local party leaders, also explains the strong interest in a Trump comeback in 2024.

In the bloody-shirt campaign so many Republicans think they are now waging, the alleged “victim” of the “rigged election” is an indispensable figure, even though no defeated incumbent president has successfully staged a comeback since 1892. And that is why even if Trump decides against running again in 2024, Trumpism in all its particulars will very likely remain dominant until the stain of 2020 is erased.

And if you are a follower of the man who said over and over again that “we can’t lose unless it’s rigged,” victory is always just over the horizon.

Maybe winning isn’t everything after all

Perry Bacon offers one more angle on Republican optimism that’s worth pondering: there’s an ““own the libs’ bloc exemplified by many Fox News personalities and elected officials such as Rep. Marjorie Taylor Greene:”

“For the ‘own the libs’ bloc, winning elections isn’t that important anyway — they aren’t really invested in policy or governing and will be fine if Republicans remain out of the White House and in the minority on Capitol Hill.”

Maybe Democrats and these happy losers can both get their way.


Explaining Republican Optimism

I tried to put myself in Republican shoes for a moment, and explored at New York why so many of these elephants think their current path is a winner.

At FiveThirtyEight this week, Perry Bacon Jr. explores a very important political mystery: why a Republican Party that lost control of the White House and Congress over the last four years — and that is at the north end of a south-bound brontosaurus when it comes to demographic trends — seems so completely happy with standing pat on its ideology and leadership.

Bacon goes through multiple theories for this resistance to introspection, including activist and media love for Trump and Trumpism; rank-and-file complacency with the current direction of the GOP; Trump’s own refusal to go away; and perhaps most important, the realization that this is an old story by now, that we are looking at a “[c]ollective decision of conservative activists and Republican elected officials to stay on the anti-democraticracist trajectory that the GOP had been on before Trump — but that he accelerated.”

Since we are talking about people operating in what is largely a winner-take-all political system, who are following a leader who professes to be all about “winning,” perhaps the most interesting reason for the manifest Republican complacency is the belief that an immediate comeback is not simply possible but likely. Some of this is a matter of degree, says Bacon:

“Historically, parties have done more self-reflection and been more likely to change course when they’ve hit electoral low points….

“In contrast, Trump would have won reelection had he done only about 1 percentage point better in Pennsylvania and Wisconsin and about 3 points better in Michigan. Republicans would still control the Senate had Republican David Perdue won about 60,000 more votes (out of nearly 4.5 million cast) against Democrat Jon Ossoff in Georgia’s Senate runoff. A slew of court rulings that forced the redrawing of House district lines in less favorable ways to the GOP helped the Democrats win several seats — otherwise, Republicans might have won back the House. Add all that up, and 2020 wasn’t that far from resulting in a Republican trifecta.”

But close only counts in horseshoes and hand grenades. Republicans have now lost three of the last four presidential elections, and have won the national popular vote just once in the last eight presidential elections. They are still getting clobbered among the younger voters (61 percent of under-30 voters preferred Biden to Trump, according to a Tufts study) who will increasingly dominate elections. Trends among the youngest voters, from increased diversity to decreased church attendance, are not friendly to the GOP.

So where does the Republican optimism come from? There are several factors, as I explore below:

The 2022 midterms look sunny

The over-performance by Republicans in 2020 House races gives them what is historically a very good chance to retake that chamber in 2022, as Kyle Kondik recently noted:

“Since the Civil War, there have been 40 midterm elections. The party that held the White House lost ground in the House in 37 of those elections, with an average seat loss of 33. Since the end of World War II, the average seat loss is a little smaller — 27 — but still significant.”

Based on the House as it was shaped after November 2020, Republicans would only need to flip five net seats to regain the majority. The Senate is iffier thanks to a landscape dotted with GOP retirements. But busting up the Democratic trifecta would have a massive effect on the Biden administration’s ability to enact legislation.

Redistricting will beef up Republican gains

The decennial process of reapportioning and redistricting congressional and state legislative seats will soon be underway. And thanks to what one analyst called “an abysmal showing by Democrats in state legislative races” in 2020, Republicans are in a good position to reinforce their advantage over the next decade.

At the congressional level, reapportionment of seats between the states will give GOP-controlled state legislatures new seats to play with (especially in Florida, which will gain two seats, and in Texas, which will gain three). Redistricting is harder to predict, but as Geoffrey Skelley noted in November, it will likely favor Republicans:

“The GOP is set to fully control redistricting for about two-fifths of all House seats, while Democrats will only hold sway over one-tenth of them, with the remaining seats are in states with divided governments or where redistricting is done by a commission system. The Republican line-drawing advantage should help the party draw favorable maps that could help the GOP win more seats than we might otherwise expect.”

Republicans will do more with less popular support

The redistricting factor is one of several examples of the GOP’s willingness and ability to counter Democratic popular support with institutional arrangements that magnify minority power, from gerrymandering to the Electoral College to the Senate filibuster to voter suppression efforts. Perhaps Republicans didn’t get close enough in 2020 to convert such bonus points into trifecta control, but they understand that actual popular majorities are not the point.

They think Trumpism is a strategy for party expansion

While most Democrats tend to think of Trumpism as the last-gasp effort of a reactionary party to hold onto power by polarizing the country and eking out narrow electoral victories by mobilizing culturally threatened voters with hate and rage, Republicans naturally don’t see it that way. As Representative Jim Banks illustrated in his recent memo to Kevin McCarthy about GOP messaging in 2021 and beyond, they think Trumpism is about making a country-club party the “party of the [white] working class,” which can appeal to a growing segment of minority voters as well. This notion is mostly based on the theory that cultural conservatism is more powerful among white working-class voters and Black and Latino men than the more tangible economic offerings of Democrats.

It’s an approach which Republicans have been pursuing since the days of Richard Nixon, when the white working-class portion of the population was vastly larger, but it’s still exciting to those who think Trump invented it.

Many of them think they really won in 2020

While those of us in the reality-based community scoff at the claims of the MAGA wing of the Republican Party that Democrats stole the 2020 election (and presumably control of Congress along with it), the fact remains that it’s an article of faith among many of the rank-and-file Republicans (55 percent of them, according to a recent Reuters-Ipsos survey) who are the most important consumers for GOP messaging going forward. Accordingly, the current crusade in Republican-controlled state governments in key battleground states to restrict voting rights isn’t viewed by them as a matter of vengeance or of panic-striken authoritarianism, but as a blow to fraudsters that is likely to produce or expand Republican victories in the near future.

This factually-challenged but emotionally powerful perspective, which has been reinforced constantly by Trump-aligned media, a big share of Republican elected officials, and state and local party leaders, also explains the strong interest in a Trump comeback in 2024.

In the bloody-shirt campaign so many Republicans think they are now waging, the alleged “victim” of the “rigged election” is an indispensable figure, even though no defeated incumbent president has successfully staged a comeback since 1892. And that is why even if Trump decides against running again in 2024, Trumpism in all its particulars will very likely remain dominant until the stain of 2020 is erased.

And if you are a follower of the man who said over and over again that “we can’t lose unless it’s rigged,” victory is always just over the horizon.

Maybe winning isn’t everything after all

Perry Bacon offers one more angle on Republican optimism that’s worth pondering: there’s an ““own the libs’ bloc exemplified by many Fox News personalities and elected officials such as Rep. Marjorie Taylor Greene:”

“For the ‘own the libs’ bloc, winning elections isn’t that important anyway — they aren’t really invested in policy or governing and will be fine if Republicans remain out of the White House and in the minority on Capitol Hill.”

Maybe Democrats and these happy losers can both get their way.


April 2: Georgia Republicans Cruising for a Bruising in 2022

After observing the spectacle of the Georgia General Assembly enacting anti-voter legislation, it hit me that the Georgia GOP has been committing a long series of unforced errors that will continue to halt them, so I wrote about it at New York.

On November 19, 2020, Georgia Republicans suffered a major blow when their state was called for Joe Biden in a close presidential contest. But at that point, they had every reason to think the future would be brighter. They were the strong early favorites in two January U.S. Senate runoffs. And knowing that Democrats controlled the White House, Republicans could look forward to likely gains in 2022 for three reasons: (1) The presidential “out” party usually gets a boost in midterms, (2) midterm turnout patterns usually favor Republican voting groups, relatively speaking, and (3) redistricting would be totally in the GOP’s hands thanks to their control of the governorship and the legislature.

But instead of playing their shot as it lay, Georgia Republicans tore each other apart over Donald Trump’s mendacious election “fraud” claims and his subsequent efforts to overturn the Biden victory, with many GOP elected officials and activists gleefully attacking Secretary of State Brad Raffensperger and Governor Brian Kemp, both Republicans, for certifying Biden’s victory. Trump himself dominated the Senate runoffs and may well have depressed Republican turnout by constantly claiming that the vote in Georgia was “rigged.”

After the catastrophe of losing control of the Senate for their party, which in turn led to the passage of Biden’s $1.9 trillion stimulus package, Georgia Republicans probably should have licked their wounds and begun healing their divisions heading toward 2022. But no — instead, they made the Georgia General Assembly the national showcase for GOP voter-suppression measures. There was hardly an evil idea for making voting more difficult, particularly for minority citizens, that did not get introduced by some Republican legislator during its 2021 session, up to and including a total end to no-excuse voting by mail, a ban on Sunday in-person early voting, all sorts of burdensome and redundant voter-ID requirements, and attacks on the jurisdiction of Democratic county election offices. The nastiness progressed to include the cartoon-villain idea of making it a crime to give food and water to voters in the long lines that Black people notoriously have to endure in Georgia.

All this obnoxious activity was obviously the product of Trump’s election-fraud claims, since there were no documented cases of problems with Georgia’s 2020 elections other than the aforementioned long lines. So the Georgia GOP was very conspicuously exposing itself as doing bad things in a bad cause.

Eventually, legislators took out some of the most offensive pieces of the final election bill, but they had so mishandled it all that nobody noticed or cared. As Kemp went on-camera to spin the legislation he was about to sign as a triumph for voting rights and election security, a Black legislator tapped on his door to see what he was doing and was promptly wrestled out of the Georgia State Capitol by white state troopers and charged with two felonies.

And when the national protests over the law pressured major Atlanta-based corporations to deplore the law, did Republicans ignore the criticism? No. They threatened to withdraw a tax subsidy to Delta Air Lines (though they did not follow through on the threat). And in a particularly juvenile bit of theater, the House Speaker made sure cameras saw him cracking open a can of Pepsi at a press conference in what was clearly an expression of unhappiness with local corporate giant Coca-Cola. Even if this anti-corporate saber-rattling isn’t serious, alienating their usual business allies is not a smart move for Republicans heading into an election cycle that has now gotten a lot tougher.

Nobody really knows what sort of advantage the new election law will give Georgia Republicans going forward. But it may not be enough to counteract the voter mobilization that Democrats and voting-rights advocates will undertake in defiance of GOP efforts to make it harder for them to register and vote, particularly if voting-rights champion Stacey Abrams is, as expected, at the top of the Democratic ticket in 2022 (alongside Senator Raphael Warnock, heir to the pulpit once held by Martin Luther King Jr.).

The brutal stupidity of his party’s recent maneuvers led Lieutenant Governor Geoff Duncan to pen an op-ed for USA Today that defended some of the actual provisions of the new law while expressing impatience with others, and with the underlying GOP lies about “voter fraud”:

“Last week’s divisive debate on election reform directly resulted from the months-long misinformation campaign led by former President Donald J. Trump …

“Republicans in politically safe districts [should have] resist[ed] the temptation to superficially support knee-jerk reaction legislation, such as not allowing the distribution of water within 150 feet of a polling station or punishing and removing oversight responsibilities from the former president’s scapegoat and popularly-elected statewide official Secretary of State Brad Raffensperger, just to appease the extreme right corners of their districts and to avoid potential primary challenges.

“Unfortunately, Republicans fell into the trap set by the left and allowed them to make the bill into something that it’s not.”

Like Raffensperger and Kemp, however, Duncan was already the almost certain target of a Trump 2022 primary purge effort, likely fronted by State Senator Burt Jones, a prominent supporter of Trump’s lies about 2020. It would not be at all surprising to see the 45th president himself in the Peach State pursuing vengeance against “disloyal” Republicans and perhaps reprising his disastrous role in the Senate-runoff campaign.

If only they had quietly conceded after November, then Republicans might still have those two Senate seats from Georgia and control of the Senate itself. And had Georgia Republicans gone about their usual business of passing bad — not conspicuously racist — legislation this year, they might be in very good shape for the midterms. As it is, if they suffer another debacle in 2022, they have no one but themselves, and perhaps the tyrant of Mar-a-Lago, to blame.


Georgia Republicans Cruising for a Bruising in 2022

After observing the spectacle of the Georgia General Assembly enacting anti-voter legislation, it hit me that the Georgia GOP has been committing a long series of unforced errors that will continue to halt them, so I wrote about it at New York.

On November 19, 2020, Georgia Republicans suffered a major blow when their state was called for Joe Biden in a close presidential contest. But at that point, they had every reason to think the future would be brighter. They were the strong early favorites in two January U.S. Senate runoffs. And knowing that Democrats controlled the White House, Republicans could look forward to likely gains in 2022 for three reasons: (1) The presidential “out” party usually gets a boost in midterms, (2) midterm turnout patterns usually favor Republican voting groups, relatively speaking, and (3) redistricting would be totally in the GOP’s hands thanks to their control of the governorship and the legislature.

But instead of playing their shot as it lay, Georgia Republicans tore each other apart over Donald Trump’s mendacious election “fraud” claims and his subsequent efforts to overturn the Biden victory, with many GOP elected officials and activists gleefully attacking Secretary of State Brad Raffensperger and Governor Brian Kemp, both Republicans, for certifying Biden’s victory. Trump himself dominated the Senate runoffs and may well have depressed Republican turnout by constantly claiming that the vote in Georgia was “rigged.”

After the catastrophe of losing control of the Senate for their party, which in turn led to the passage of Biden’s $1.9 trillion stimulus package, Georgia Republicans probably should have licked their wounds and begun healing their divisions heading toward 2022. But no — instead, they made the Georgia General Assembly the national showcase for GOP voter-suppression measures. There was hardly an evil idea for making voting more difficult, particularly for minority citizens, that did not get introduced by some Republican legislator during its 2021 session, up to and including a total end to no-excuse voting by mail, a ban on Sunday in-person early voting, all sorts of burdensome and redundant voter-ID requirements, and attacks on the jurisdiction of Democratic county election offices. The nastiness progressed to include the cartoon-villain idea of making it a crime to give food and water to voters in the long lines that Black people notoriously have to endure in Georgia.

All this obnoxious activity was obviously the product of Trump’s election-fraud claims, since there were no documented cases of problems with Georgia’s 2020 elections other than the aforementioned long lines. So the Georgia GOP was very conspicuously exposing itself as doing bad things in a bad cause.

Eventually, legislators took out some of the most offensive pieces of the final election bill, but they had so mishandled it all that nobody noticed or cared. As Kemp went on-camera to spin the legislation he was about to sign as a triumph for voting rights and election security, a Black legislator tapped on his door to see what he was doing and was promptly wrestled out of the Georgia State Capitol by white state troopers and charged with two felonies.

And when the national protests over the law pressured major Atlanta-based corporations to deplore the law, did Republicans ignore the criticism? No. They threatened to withdraw a tax subsidy to Delta Air Lines (though they did not follow through on the threat). And in a particularly juvenile bit of theater, the House Speaker made sure cameras saw him cracking open a can of Pepsi at a press conference in what was clearly an expression of unhappiness with local corporate giant Coca-Cola. Even if this anti-corporate saber-rattling isn’t serious, alienating their usual business allies is not a smart move for Republicans heading into an election cycle that has now gotten a lot tougher.

Nobody really knows what sort of advantage the new election law will give Georgia Republicans going forward. But it may not be enough to counteract the voter mobilization that Democrats and voting-rights advocates will undertake in defiance of GOP efforts to make it harder for them to register and vote, particularly if voting-rights champion Stacey Abrams is, as expected, at the top of the Democratic ticket in 2022 (alongside Senator Raphael Warnock, heir to the pulpit once held by Martin Luther King Jr.).

The brutal stupidity of his party’s recent maneuvers led Lieutenant Governor Geoff Duncan to pen an op-ed for USA Today that defended some of the actual provisions of the new law while expressing impatience with others, and with the underlying GOP lies about “voter fraud”:

“Last week’s divisive debate on election reform directly resulted from the months-long misinformation campaign led by former President Donald J. Trump …

“Republicans in politically safe districts [should have] resist[ed] the temptation to superficially support knee-jerk reaction legislation, such as not allowing the distribution of water within 150 feet of a polling station or punishing and removing oversight responsibilities from the former president’s scapegoat and popularly-elected statewide official Secretary of State Brad Raffensperger, just to appease the extreme right corners of their districts and to avoid potential primary challenges.

“Unfortunately, Republicans fell into the trap set by the left and allowed them to make the bill into something that it’s not.”

Like Raffensperger and Kemp, however, Duncan was already the almost certain target of a Trump 2022 primary purge effort, likely fronted by State Senator Burt Jones, a prominent supporter of Trump’s lies about 2020. It would not be at all surprising to see the 45th president himself in the Peach State pursuing vengeance against “disloyal” Republicans and perhaps reprising his disastrous role in the Senate-runoff campaign.

If only they had quietly conceded after November, then Republicans might still have those two Senate seats from Georgia and control of the Senate itself. And had Georgia Republicans gone about their usual business of passing bad — not conspicuously racist — legislation this year, they might be in very good shape for the midterms. As it is, if they suffer another debacle in 2022, they have no one but themselves, and perhaps the tyrant of Mar-a-Lago, to blame.


March 31: Democrats Have Good Odds for Retaining Senate Control in 2022

Having taken a preliminary look at the 2022 midterm landscape, I had some good news that I wrote up at New York:

The announcement of Joe Biden’s first group of federal judicial nominees helps dramatize the value to Democrats of holding the White House and the Senate at the same time, aside from the ability to enact legislative priorities. So even if Democrats lose control of the House in the 2022 midterms, as history (buttressed by redistricting) suggests they might, it’s important to Biden’s legacy to hang onto the Senate at least through his current term in the White House. And if you take a look at the midterm Senate landscape, it’s not that much of a reach.

But first let’s look at history. The very high number of midterms in which the president’s party loses House seats (17 out of the 19 since World War II) isn’t quite matched in Senate races (11 out of 19 over the same period). The most obvious reason is that only one-third of the Senate is up in any one cycle, which means the playing field can sometimes be skewed in the direction of the president’s party even if it’s having a bad year overall.

The 2022 landscape isn’t as favorable to Democrats as those two were for Republicans, but it is still reasonably sunny, with Republicans holding 20 of the 34 seats at risk. It certainly helps Democrats that five Republicans are retiring in 2022, with additional retirements still possible, while so far all the Democratic incumbents are running again.

According to the Cook Political Report’s initial analysis of 2022 Senate races, six look competitive (either tossups or leaning in one direction or the other). Of those, four (including the two tossups, which involve open seats in North Carolina and Pennsylvania) are currently held by Republicans. Conditions could obviously change (possible GOP retirements in Iowa and Wisconsin could make those two seats more competitive, and if popular New Hampshire Governor Chris Sununu decides to run against Democratic incumbent Maggie Hassan, that race could heat up). But all things considered, Democrats don’t need a national advantage to keep the Senate.

In the meantime, of course, Democrats should pray for the health of their current senators. If a Democratic senator in the wrong state (i.e., one of the six where a Republican governor would have the power to appoint a Republican to a vacant seat) resigns or dies, Kamala Harris’s tie-breaking vote could become meaningless, and Mitch McConnell might regain the gavel. At that point 2022 would  represent a fight to regain lost ground.


Democrats Have Good Odds for Retaining Senate Control in 2022

Having taken a preliminary look at the 2022 midterm landscape, I had some good news that I wrote up at New York:

The announcement of Joe Biden’s first group of federal judicial nominees helps dramatize the value to Democrats of holding the White House and the Senate at the same time, aside from the ability to enact legislative priorities. So even if Democrats lose control of the House in the 2022 midterms, as history (buttressed by redistricting) suggests they might, it’s important to Biden’s legacy to hang onto the Senate at least through his current term in the White House. And if you take a look at the midterm Senate landscape, it’s not that much of a reach.

But first let’s look at history. The very high number of midterms in which the president’s party loses House seats (17 out of the 19 since World War II) isn’t quite matched in Senate races (11 out of 19 over the same period). The most obvious reason is that only one-third of the Senate is up in any one cycle, which means the playing field can sometimes be skewed in the direction of the president’s party even if it’s having a bad year overall.

The 2022 landscape isn’t as favorable to Democrats as those two were for Republicans, but it is still reasonably sunny, with Republicans holding 20 of the 34 seats at risk. It certainly helps Democrats that five Republicans are retiring in 2022, with additional retirements still possible, while so far all the Democratic incumbents are running again.

According to the Cook Political Report’s initial analysis of 2022 Senate races, six look competitive (either tossups or leaning in one direction or the other). Of those, four (including the two tossups, which involve open seats in North Carolina and Pennsylvania) are currently held by Republicans. Conditions could obviously change (possible GOP retirements in Iowa and Wisconsin could make those two seats more competitive, and if popular New Hampshire Governor Chris Sununu decides to run against Democratic incumbent Maggie Hassan, that race could heat up). But all things considered, Democrats don’t need a national advantage to keep the Senate.

In the meantime, of course, Democrats should pray for the health of their current senators. If a Democratic senator in the wrong state (i.e., one of the six where a Republican governor would have the power to appoint a Republican to a vacant seat) resigns or dies, Kamala Harris’s tie-breaking vote could become meaningless, and Mitch McConnell might regain the gavel. At that point 2022 would  represent a fight to regain lost ground.


March 25: Bad and Could Get Worse: Georgia Republicans Restrict Voting Rights

I’ve been following this development in my home state, and wrote about it at New York as it reached an inflection point:

Republican Governor Brian Kemp on Thursday signed into law a measure passed by Georgia’s Republican-controlled legislature to restrict voting rights in reaction to Democratic gains there last year. While it’s not the “Jim Crow 2.0” critics feared — and that earlier versions threatened — the new law shows a determined effort by Republicans to restrict voting in order to claw back power

The bill imposed a new ID requirement on those wishing to vote by mail and tightened deadlines on mail ballots. It also restricted mail ballot drop boxes, banned provisional ballots for votes cast in the wrong precinct, and perhaps most ominously, allowed for state takeover of election administration from county election boards if it deems such interventions necessary.

The legislation also overhauled rules governing Georgia’s unique general election runoffs, which produced two Democratic wins in January that gave Democrats control of the U.S. Senate. Going forward runoffs will occur four weeks after the general election, with very limited time provided for the early voting on which Democrats generally, and minority voters specifically, tend to rely.

Though Democrats in Atlanta and in Washington are attacking the legislation with varying degrees of heat, it could have been much worse from a voting rights perspective. At varying points in the process, some Republican legislators were promoting the abolition of no-excuse voting by mail (which Republicans themselves introduced in 2005) and elimination of Sunday in-person early voting (in a transparent effort to stop the tradition of “souls to the polls” events traditionally held by Black churches after Sunday worship). The final version of the bill left no-excuse voting by mail in place, and actually mandated two weekend early voting days that by local option could be switched to Sundays. This provision is feeding Republican spin that the entire bill is somehow pro-voter.

The bill is probably best understood as a compromise worked out between the two wings of the Georgia GOP: Trump loyalists who claim to believe loose voting rules “stole” Georgia for Biden and two Senate seats for Jon Ossoff and Raphael Warnock; and those including Kemp and secretary of state Brad Raffensperger who don’t buy the stolen election rap but still favor voter suppression as a way to improve their party’s odds in a closely contested state.

Aside from the ripe-for-abuse state takeover provision, the most troublesome part of the bill from a voting rights point of view is the switch from verification of mail ballots by signature authentication against voter registration files, to the new requirement for ID that must be submitted with applications to vote by mail and with the ballots themselves. This requirement adds two additional steps to the process for all voters, and a potential bar to participation for others, as the Atlanta Journal-Constitution reported: “About 3% of registered voters don’t have a license or state ID number on file, and they would need to submit additional documentation.” It’s a provision almost sure to attract a lawsuit and judicial review.

While this legislative activity ends the GOP effort to roll back voting opportunities for now, the state will continue to be ground zero for fights over the franchise at least through the 2022 elections, which are expected to be very competitive, and where Kemp and Raffensperger may be fighting primary challenges from Trump-backed pols who will argue they are soft on “voter fraud” and too sympathetic to minorities. It’s worth noting that above and beyond the current bill’s provisions, there’s a tradition of Republican secretaries of state (most notably Kemp) using aggressive purges of voting rolls to target young and minority voters. That could be very much in play as Republicans deal with a likely gubernatorial race by 2018 Democratic nominee and national voting rights champion Stacey Abrams.

Let’s not forget, by the way, that the new Georgia election law is precisely the sort of legislation that would have been put on hold pending Justice Department review of its impact on minority voting rights had the U.S. Supreme Court not gutted the preclearance requirements of the Voting Rights Act of 1965. That’s another reason congressional Democrats should find a way to enact the John Lewis Voting Rights Advancement Act, restoring the VRA’s effectiveness and ensuring Lewis’s home state does not mock his memory and wreck his legacy.

 


Bad and Could Get Worse: Georgia Republicans Restrict Voting Rights

I’ve been following this development in my home state, and wrote about it at New York as it reached an inflection point:

Republican Governor Brian Kemp on Thursday signed into law a measure passed by Georgia’s Republican-controlled legislature to restrict voting rights in reaction to Democratic gains there last year. While it’s not the “Jim Crow 2.0” critics feared — and that earlier versions threatened — the new law shows a determined effort by Republicans to restrict voting in order to claw back power

The bill imposed a new ID requirement on those wishing to vote by mail and tightened deadlines on mail ballots. It also restricted mail ballot drop boxes, banned provisional ballots for votes cast in the wrong precinct, and perhaps most ominously, allowed for state takeover of election administration from county election boards if it deems such interventions necessary.

The legislation also overhauled rules governing Georgia’s unique general election runoffs, which produced two Democratic wins in January that gave Democrats control of the U.S. Senate. Going forward runoffs will occur four weeks after the general election, with very limited time provided for the early voting on which Democrats generally, and minority voters specifically, tend to rely.

Though Democrats in Atlanta and in Washington are attacking the legislation with varying degrees of heat, it could have been much worse from a voting rights perspective. At varying points in the process, some Republican legislators were promoting the abolition of no-excuse voting by mail (which Republicans themselves introduced in 2005) and elimination of Sunday in-person early voting (in a transparent effort to stop the tradition of “souls to the polls” events traditionally held by Black churches after Sunday worship). The final version of the bill left no-excuse voting by mail in place, and actually mandated two weekend early voting days that by local option could be switched to Sundays. This provision is feeding Republican spin that the entire bill is somehow pro-voter.

The bill is probably best understood as a compromise worked out between the two wings of the Georgia GOP: Trump loyalists who claim to believe loose voting rules “stole” Georgia for Biden and two Senate seats for Jon Ossoff and Raphael Warnock; and those including Kemp and secretary of state Brad Raffensperger who don’t buy the stolen election rap but still favor voter suppression as a way to improve their party’s odds in a closely contested state.

Aside from the ripe-for-abuse state takeover provision, the most troublesome part of the bill from a voting rights point of view is the switch from verification of mail ballots by signature authentication against voter registration files, to the new requirement for ID that must be submitted with applications to vote by mail and with the ballots themselves. This requirement adds two additional steps to the process for all voters, and a potential bar to participation for others, as the Atlanta Journal-Constitution reported: “About 3% of registered voters don’t have a license or state ID number on file, and they would need to submit additional documentation.” It’s a provision almost sure to attract a lawsuit and judicial review.

While this legislative activity ends the GOP effort to roll back voting opportunities for now, the state will continue to be ground zero for fights over the franchise at least through the 2022 elections, which are expected to be very competitive, and where Kemp and Raffensperger may be fighting primary challenges from Trump-backed pols who will argue they are soft on “voter fraud” and too sympathetic to minorities. It’s worth noting that above and beyond the current bill’s provisions, there’s a tradition of Republican secretaries of state (most notably Kemp) using aggressive purges of voting rolls to target young and minority voters. That could be very much in play as Republicans deal with a likely gubernatorial race by 2018 Democratic nominee and national voting rights champion Stacey Abrams.

Let’s not forget, by the way, that the new Georgia election law is precisely the sort of legislation that would have been put on hold pending Justice Department review of its impact on minority voting rights had the U.S. Supreme Court not gutted the preclearance requirements of the Voting Rights Act of 1965. That’s another reason congressional Democrats should find a way to enact the John Lewis Voting Rights Advancement Act, restoring the VRA’s effectiveness and ensuring Lewis’s home state does not mock his memory and wreck his legacy.

 


March 24: Six Excuses For Inaction on Gun Violence

After two horrendous gun massacres in less than a week — one in and around Atlanta, the other in Boulder, Colorado — I wrote at New York about the tedious and unproductive debate that is likely to ensue.

The reason nothing ever happens on gun violence ultimately boils down to two interrelated things: The Republican Party has become wedded to Second Amendment absolutism, and that produces a veto of any federal gun-safety measures thanks to the Senate filibuster and the de facto 60-vote supermajority required to pass any and all legislation.

But aside from the mechanics of raw power that doom the reactions to gun massacres to tears of impotent sorrow and rage, some well-rehearsed rationalizations for doing nothing are reflexively, continually trotted out to defuse the spontaneous public impulse to just stop the madness. Their narcotic effect on debate is a testament to their real, if wafer-thin, plausibility.

1. “New laws wouldn’t have prevented this.”

This rationalization comes in two forms — first in the impossible-to-rebut argument that when there’s a will to mass murder, there will be a way to commit it, which means that any particular gun regulation will produce a Whac-A-Mole displacement whereby the putative killer can always find an alternative weapon or a means of acquiring one.

A bit more compelling are the precise arguments that this gun regulation would not have prevented that atrocity. Right after the Boulder killings, Ted Cruz offered it up. “Every time there’s a shooting, we play this ridiculous theater where this committee gets together and proposes a bunch of laws that would do nothing to stop these murders,” he said.

What makes such arguments disingenuous is that Congress remains stuck on narrow legislative ideas, like closing the gun-show “loophole” to background checks, because the gun lobby opposes doing anything more comprehensive. By definition, these kinds of incremental steps to reduce the incidence of and the toll from gun violence will have a similarly incremental effect. But those who oppose broader measures have no standing to complain about the inadequacy of minimal improvements to the law.

2. “Guns don’t kill, people kill.”

The oldest and hoariest of arguments is that what causes gun massacres isn’t the weapon but the criminal who wields it — as though all blame must be assigned to one or the other. The whole purpose of gun regulation, of course, is the effort, which will never be perfectly executed, of separating evil humans from death-dealing machines.

No, gun-safety measures will not abolish original sin or prevent bad people from having very bad intentions toward their fellow citizens. But keeping lethal weapons out of the hands of lethal individuals as much as possible will reduce the number of times the wages of sin are someone else’s death. Presumably, all the other countries with vastly fewer incidents of gun violence still have evildoers; they just don’t kill as often.

3. “The real problem isn’t guns. The real problem is ______.”

A variation on the “Guns don’t kill” howler was illustrated by then-President Donald Trump after a 2019 multiple-gun-massacre week in El Paso, Texas, and Dayton, Ohio. “Mental illness and hatred pulls the trigger,” Trump said, “not the gun.” Put aside for a moment the fact that the mentally ill are far, far more likely to be victims rather than perpetrators of any and all acts of violence. Mental illness — and, for that matter, “hatred” — is a deep, vast problem that cannot be “solved” overnight or ever. Postponing gun regulation until the human frailties that make weapon use illegitimately deadly essentially means postponing it forever, which is clearly the idea.

Anyone who cites other genuine problems (whether mental illness, ethnic/racial hostility, poverty, or family turmoil) as reasons to ignore the problem posed by poorly regulated weapons is, strictly speaking, trying to change the subject.

4. “It takes a good guy with a gun to stop a bad guy with a gun.”

For many years, the National Rifle Association has argued that gun control gives criminals and other bad actors an effective monopoly on weapons (“If you criminalize guns, only criminals will have guns”). Now, the truth is nobody with any power in this country is arguing for general bans on private gun ownership, so the underlying argument is really that private citizens should wage and win an arms race with evildoers. The logical end of this way of thinking is mandatory gun ownership by law-abiding citizens to make the United States an armed camp where the kinds of people who commit gun massacres are literally outgunned. It’s particularly sad when police officers like Eric Talley in Boulder die in the crossfire.

The possibility that the cure may be worse than the disease accompanies all such schemes. The U.S. is the global leader in gun ownership and towards the top of countries in gun homicides. It is improbable that there is no connection between the two.

5. “This is a slippery slope to gun confiscation.”

Like all “slippery slope” arguments, the claim that limited gun regulation will inevitably lead to the extinction of private gun ownership is both illogical and ahistorical. The fact is we have less gun regulation than we had in 2004 when the military assault weapons so prevalent now were at least partially banned. That ban hardly led to other weapons bans; the pendulum in fact swung in the opposite direction.

There is nothing irreversible about gun-safety measures, which should be judged on their own terms and not on the belief that their proponents secretly want to do something else. Even if the United States were on the brink of enacting that great gun-lobby bugaboo of national gun registration (or gun-owner licensing), it would not lead to gun confiscation without a vast expansion of government power and an extremely unlikely passivity among federal judges.

6. “Guns protect our freedom.”

This last rationalization, which essentially holds that the Second Amendment should be absolute and interpreted as unlimited, requires some thinking through. The idea (as I put it some time ago) is that “no restrictions on firearms possession are ever constitutional. And that particularly applies to military weaponry because the whole idea of the Second Amendment is the right to undertake a violent revolution against the United States government when ‘patriots’ deem it necessary or convenient.”

Gun absolutists are usually coy about what that means and allude vaguely to an armed citizenry as a deterrent to tyranny or just cite the American revolutionary precedent. Some have gone so far as to suggest that when politics fails to achieve some right-wing goal, “Second Amendment solutions” may prove essential. But make no mistake: The argument is to deliberately break the monopoly on deadly force that the military and law-enforcement agencies typically have in civilized societies, in case “patriots” need to start shooting soldiers and cops to defend their supposed liberties. It is precisely the mindset of the insurrectionary mobs of January 6, who believed they were exercising — to quote congressman and would-be senator Mo Brooks — their “1776 moment.”

The scariest thing about Second Amendment absolutists is that they often believe the sign for stockpiling the shooting irons in preparation for a possible armed rebellion is any threat to gun rights as they understand them. And so you have the circular reasoning that absolute gun rights are necessary to protect absolute gun rights. As with other rationalizations for refusing to deal with gun violence, there’s really no effort to reason with the other side of the argument at all.


Six Excuses For Inaction on Gun Violence

After two horrendous gun massacres in less than a week — one in and around Atlanta, the other in Boulder, Colorado — I wrote at New York about the tedious and unproductive debate that is likely to ensue.

The reason nothing ever happens on gun violence ultimately boils down to two interrelated things: The Republican Party has become wedded to Second Amendment absolutism, and that produces a veto of any federal gun-safety measures thanks to the Senate filibuster and the de facto 60-vote supermajority required to pass any and all legislation.

But aside from the mechanics of raw power that doom the reactions to gun massacres to tears of impotent sorrow and rage, some well-rehearsed rationalizations for doing nothing are reflexively, continually trotted out to defuse the spontaneous public impulse to just stop the madness. Their narcotic effect on debate is a testament to their real, if wafer-thin, plausibility.

1. “New laws wouldn’t have prevented this.”

This rationalization comes in two forms — first in the impossible-to-rebut argument that when there’s a will to mass murder, there will be a way to commit it, which means that any particular gun regulation will produce a Whac-A-Mole displacement whereby the putative killer can always find an alternative weapon or a means of acquiring one.

A bit more compelling are the precise arguments that this gun regulation would not have prevented that atrocity. Right after the Boulder killings, Ted Cruz offered it up. “Every time there’s a shooting, we play this ridiculous theater where this committee gets together and proposes a bunch of laws that would do nothing to stop these murders,” he said.

What makes such arguments disingenuous is that Congress remains stuck on narrow legislative ideas, like closing the gun-show “loophole” to background checks, because the gun lobby opposes doing anything more comprehensive. By definition, these kinds of incremental steps to reduce the incidence of and the toll from gun violence will have a similarly incremental effect. But those who oppose broader measures have no standing to complain about the inadequacy of minimal improvements to the law.

2. “Guns don’t kill, people kill.”

The oldest and hoariest of arguments is that what causes gun massacres isn’t the weapon but the criminal who wields it — as though all blame must be assigned to one or the other. The whole purpose of gun regulation, of course, is the effort, which will never be perfectly executed, of separating evil humans from death-dealing machines.

No, gun-safety measures will not abolish original sin or prevent bad people from having very bad intentions toward their fellow citizens. But keeping lethal weapons out of the hands of lethal individuals as much as possible will reduce the number of times the wages of sin are someone else’s death. Presumably, all the other countries with vastly fewer incidents of gun violence still have evildoers; they just don’t kill as often.

3. “The real problem isn’t guns. The real problem is ______.”

A variation on the “Guns don’t kill” howler was illustrated by then-President Donald Trump after a 2019 multiple-gun-massacre week in El Paso, Texas, and Dayton, Ohio. “Mental illness and hatred pulls the trigger,” Trump said, “not the gun.” Put aside for a moment the fact that the mentally ill are far, far more likely to be victims rather than perpetrators of any and all acts of violence. Mental illness — and, for that matter, “hatred” — is a deep, vast problem that cannot be “solved” overnight or ever. Postponing gun regulation until the human frailties that make weapon use illegitimately deadly essentially means postponing it forever, which is clearly the idea.

Anyone who cites other genuine problems (whether mental illness, ethnic/racial hostility, poverty, or family turmoil) as reasons to ignore the problem posed by poorly regulated weapons is, strictly speaking, trying to change the subject.

4. “It takes a good guy with a gun to stop a bad guy with a gun.”

For many years, the National Rifle Association has argued that gun control gives criminals and other bad actors an effective monopoly on weapons (“If you criminalize guns, only criminals will have guns”). Now, the truth is nobody with any power in this country is arguing for general bans on private gun ownership, so the underlying argument is really that private citizens should wage and win an arms race with evildoers. The logical end of this way of thinking is mandatory gun ownership by law-abiding citizens to make the United States an armed camp where the kinds of people who commit gun massacres are literally outgunned. It’s particularly sad when police officers like Eric Talley in Boulder die in the crossfire.

The possibility that the cure may be worse than the disease accompanies all such schemes. The U.S. is the global leader in gun ownership and towards the top of countries in gun homicides. It is improbable that there is no connection between the two.

5. “This is a slippery slope to gun confiscation.”

Like all “slippery slope” arguments, the claim that limited gun regulation will inevitably lead to the extinction of private gun ownership is both illogical and ahistorical. The fact is we have less gun regulation than we had in 2004 when the military assault weapons so prevalent now were at least partially banned. That ban hardly led to other weapons bans; the pendulum in fact swung in the opposite direction.

There is nothing irreversible about gun-safety measures, which should be judged on their own terms and not on the belief that their proponents secretly want to do something else. Even if the United States were on the brink of enacting that great gun-lobby bugaboo of national gun registration (or gun-owner licensing), it would not lead to gun confiscation without a vast expansion of government power and an extremely unlikely passivity among federal judges.

6. “Guns protect our freedom.”

This last rationalization, which essentially holds that the Second Amendment should be absolute and interpreted as unlimited, requires some thinking through. The idea (as I put it some time ago) is that “no restrictions on firearms possession are ever constitutional. And that particularly applies to military weaponry because the whole idea of the Second Amendment is the right to undertake a violent revolution against the United States government when ‘patriots’ deem it necessary or convenient.”

Gun absolutists are usually coy about what that means and allude vaguely to an armed citizenry as a deterrent to tyranny or just cite the American revolutionary precedent. Some have gone so far as to suggest that when politics fails to achieve some right-wing goal, “Second Amendment solutions” may prove essential. But make no mistake: The argument is to deliberately break the monopoly on deadly force that the military and law-enforcement agencies typically have in civilized societies, in case “patriots” need to start shooting soldiers and cops to defend their supposed liberties. It is precisely the mindset of the insurrectionary mobs of January 6, who believed they were exercising — to quote congressman and would-be senator Mo Brooks — their “1776 moment.”

The scariest thing about Second Amendment absolutists is that they often believe the sign for stockpiling the shooting irons in preparation for a possible armed rebellion is any threat to gun rights as they understand them. And so you have the circular reasoning that absolute gun rights are necessary to protect absolute gun rights. As with other rationalizations for refusing to deal with gun violence, there’s really no effort to reason with the other side of the argument at all.