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The Democratic Strategist

Political Strategy for a Permanent Democratic Majority

Editor’s Corner

April 6: Don’t Expect Trump’s Legal Drama To Go Away Before Voters Vote in 2024

Amidst all the speculation involving Trump’s Manhattan indictment and his presidential campaign, I decided to issue a warning for those who think the two things can be separated, and wrote it up at New York:

Many have observed that Donald Trump’s felony indictment in Manhattan this week is already boosting his standing among GOP primary voters, at least temporarily, while prospectively depressing his standing among swing voters in the general election. Trump’s Republican rivals for the 2024 presidential nomination desperately need to make his hypothetical “electability” problem an issue in the primaries. But as my colleague Eric Levitz points out, it’s tough to make that argument while Trump is in court, ostensibly fighting the good fight against liberal “persecution” as the vast majority of the Republican Party cheers him on:

“[I]n the eyes of the conservative base, to attack Trump is to aid and abet the president’s persecution at the hands of Soros and his minions. To question his electability, meanwhile, is tantamount to calling on Republicans to let the terrorists win.”

For Trump’s GOP foes, the shift from a political landscape dominated by his legal battles to a normal primary season can’t happen fast enough. Unfortunately, that’s very unlikely to happen anytime soon. He still faces possible criminal indictments in Atlanta (for Team Trump’s alleged election interference) and Washington (for Trump’s alleged responsibility for the January 6 insurrection and mishandling of classified documents). There is also potentially noisy civil litigation pending in New York (E. Jean Carroll is suing Trump for defamation because he accused her of making up her rape allegation against him).

But even if Trump somehow avoids additional indictments and high-stakes encounters with the federal and state justice systems, the Manhattan case that is already proceeding could drag on and on, ensuring that Trump’s legal woes will dominate headlines throughout the 2024 election cycle. Per the Washington Post:

“Trump’s lawyers have until August to file challenges to the case accusing him of hiding a payment to an adult-film actress before the 2016 presidential election to keep her quiet about a sexual relationship she says she had with Trump years earlier. Those filings may coincide with the first Republican debate of the primary season, which is also scheduled for August.”

And don’t hold your breath for the actual trial to get underway:

“On Tuesday, prosecutors floated a trial date in January, right before the first-in-the-nation Iowa caucuses on Feb. 5. But Trump’s legal team suggested a spring 2024 date would be more “realistic,” which the judge sounded open to.”

These preliminary timetables do not fully take into account Trump’s long history as a legal guerrilla who is willing and able to manipulate court proceedings via constant motions, appeals, collateral lawsuits, and delay tactics. As the New York Times recently reported, if Trump thinks it’s in his interest to slow things down in court, he definitely knows how:

“Attack. Attack. Attack.

“Delay. Delay. Delay.

“Those two tactics have been at the center of Donald J. Trump’s favored strategy in court cases for much of his adult life, and will likely be the former president’s approach to fighting the criminal charges now leveled against him if he sticks to his well-worn legal playbook …

“Mr. Trump’s intensely litigious nature has made his strategy more visible over the years than it might otherwise be. He has long used delay tactics in legal matters that emerged from business disputes, and since becoming a politician he has repeatedly tried to throw sand in the gears of the legal system, using the resulting slow pace of litigation to run out the clock until seismic events shifted the playing field.”

Team Trump’s power to dictate the pace of the proceedings against him will likely be enhanced by prosecutors fearful of being perceived as unfair to the former president. Fulton County district attorney Fani Willis has to be aware of a new Georgia bill (which Governor Brian Kemp will almost certainly sign) allowing a state commission to supervise or even remove local prosecutors accused of malfeasance. And in Washington, Joe Biden’s Justice Department will be sensitive to claims that the president is trying to legally harass, if not imprison, his most likely 2024 opponent.

So Trump-haters fantasizing about the former president being frog-marched to prison in leg-irons before he can reach for the White House again should get over it. Between the lengthy New York legal process and the possibility that Trump could prevail in court, not to mention the endless appeals if he is found guilty, there won’t be some deus ex machina that suddenly shuts down his campaign.

That also means Republican 2024 candidates aren’t going to be able to wait until the indictment circus ends to make a case against Trump’s renomination. His legal status will remain uncertain throughout the presidential race, and warnings that his liberal persecutors may eventually triumph won’t go over well with GOP primary voters. And it’s unlikely that any objective indicators will make the point for Trump’s GOP rivals: Polls taken after the indictment show him not only enjoying a surge in the 2024 nomination contest but improving his position slightly against Biden in trial general-election heats (and doing just as well as Ron DeSantis). Add in the fact that most Republican primary voters are aware of how much Trump underperformed expectations in both 2016 and 2020 and you have an “electability” case against the 45th president that could wind up being feeble and yet all that Trump’s rivals can muster. The bottom line is that time is emphatically not on their side.


March 29: Here Comes the Tea Party Strategy on Retirement Programs Again

If you are feeling a sense of deja vu about where the current budget debate in Congress is headed, you aren’t alone, and I offered an explanation at New York:

In the partisan messaging battle over the federal budget, Joe Biden seems to have Republicans right where he wants them. Beginning with his State of the Union Address in early February, the president has hammered away at GOP lawmakers for plotting to gut wildly popular Social Security and Medicare benefits. This has driven Republicans into a defensive crouch; they can either pretend their proposed cuts aren’t really cuts or forswear them altogether. It’s a message that Democrats would love to highlight every day until the next election, or at least until Republicans figure out a better response than lies, evasions, and blustery denials.

But as Ron Brownstein points out in The Atlantic, there is a logical path Republicans could take to counter Democrats’ claims that GOP policies threaten popular retirement programs. It’s based on pitting every other form of federal domestic spending against Social Security and Medicare, and on making Democratic support for Big Government and its beneficiaries a political problem among seniors:

“Republicans hope that exempting Social Security and Medicare [from cutbacks they are demanding for raising the federal debt limit] will dampen any backlash to their deficit-reduction plans in economically vulnerable districts. But protecting those programs, as well as defense, from cuts—while also precluding tax increases—will force the House Republicans to propose severe reductions in other domestic programs … potentially including Medicaid, the ACA, and food and housing assistance.

“Will a Republican push for severe reductions in those programs provide Democrats with an opening in such places? Robert J. Blendon, a professor emeritus at the Harvard School of Public Health, is dubious. Although these areas have extensive needs, he told me, the residents voting Republican in them are generally skeptical of social-welfare spending apart from Social Security and Medicare. ‘We are dealing with a set of values here, which has a distrust of government and a sense that anyone should have to work to get any sort of low-income benefit,’ Blendon said. ‘The people voting Republican in those districts don’t see it as important [that] government provides those benefits.’”

And so Republicans will very likely return to the messaging they embraced during the Obama administration. Back then, self-identified Tea Party conservatives constantly tried to convince elderly voters that the real threat to their retirement programs stemmed not from GOP budget cutting, but from Democratic-backed Big Government spending on younger people and minorities, with whom many conservative voters did not identify. Then as now, a partisan budget fight — and the threat of a debt default of government shutdown — let Republicans frame funding decisions as a competition between groups of beneficiaries, rather than a debate over abstract levels of taxing or spending.

The big opening shot in the anti-Obama campaign was Sarah Palin’s wildly mendacious but highly effective September 2009 Facebook post claiming that the Affordable Care Act would create “death panels” that would eliminate Medicare coverage for seniors or disabled children deemed socially superfluous (the barely legitimate basis for the attack was an Affordable Care Act provision to allow Medicare payments to physicians discussing end-of-life treatments with patients).

Soon Republicans would come up with slightly more substantive claims that Obamacare threatened Medicare. In 2011, House GOP budget maven Paul Ryan, whom Democrats hammered for his proposals to partially privatize both Social Security and Medicare, claimed that Obama administration projections of health cost savings in Medicare represented a shift of resources from Medicare to Obamacare. By 2012, when Ryan became Mitt Romney’s running mate, Ryan was campaigning with his mother in tow, claiming that Republicans wanted to protect her from raids on her retirement benefits by the redistributionist Democrats.

Romney and Ryan didn’t win, of course, but they did win the over-65 vote by a robust 56-44 margin, a better performance in that demographic than Trump registered in 2016 or 2020. As Thomas Edsall explained in The New Republic in 2010, the Tea Party–era Republicans understood they had to mobilize their federal spending constituents against alleged competitors:

“Republicans understand that one axis of the resource war will be generational. All of their vows to defend Medicare are coupled with attacks on Obama’s health care reform. They implicitly portray Democrats as waging an age war—creating a massive new government program that transfers dollars to the young at the expense of the elderly. Republicans have cleverly stoked the fear that Obama is rewarding all his exuberant, youthful, idealistic supporters by redistributing resources that are badly needed by the old.”

In a 2024 campaign in which Democrats are going for the jugular with seniors, a reprise of the GOP’s 2012 Medicare counterattack, dishonest as it was, might make sense.

During this year’s budget skirmish in Congress, House Republicans are expected to take a claw hammer to domestic spending outside Social Security and Medicare, as the Center for Budget and Policy Priorities reports:

“This spring, House Republicans are expected to release an annual budget resolution that calls for large health care cuts, and Medicaid and the Affordable Care Act’s (ACA) marketplace coverage are likely to be prime targets. House Republican leaders are calling for cutting the deficit and making the Trump tax cuts permanent, while saying they will shield certain areas of the budget (Medicare, Social Security, and military spending) from cuts. To do all these things at once, it is highly likely they will propose cuts in health programs that provide coverage to millions of people.”

The House GOP has also already called for deep cuts in nondefense discretionary spending, including food stamp and nutrition programs. It’s likely the GOP’s state-based crusade against “woke” public education will lead to a renewal of ancient conservative demands to deeply cut or kill the U.S. Department of Education. Maybe those representing energy-producing areas will go hard after EPA or the Department of the Interior’s programs. Almost certainly, the GOP as a whole will embrace across-the-board cuts in federal employment or federal employee benefits under the guise of “draining the swamp.” Any and all such cuts can also be rationalized as necessary to avoid reductions in spending for Social Security, Medicare, and national defense, not to mention tax increases.

Whatever formula they adopt, there’s little doubt Republicans will find ways to present themselves the true defenders of Social Security and Medicare, just as many of them will always keep scheming for ways to damage or destroy these vestiges of the New Deal and Great Society. Biden seems committed to his effort to make seniors fear the GOP, and this is the only way Republicans can counter-punch.


March 24: The Republican Case Against Medicaid Expansion Continues to Crumble

There’s another turn in a story we’ve all been following for over a decade, so I wrote it up at New York:

The Affordable Care Act was signed into law 13 years ago, and the Medicaid expansion that was central to the law still hasn’t been implemented in all 50 states. But we are seeing steady, if extremely slow, progress in the effort to give people who can’t afford private insurance but don’t qualify for traditional Medicaid access to crucial health services. The U.S. Supreme Court case that upheld the ACA also made Medicaid expansion optional for states. Twenty-four states accepted the expansion when it became fully available at the beginning of 2014, and that number has steadily expanded, with the most recent burst of forward momentum coming from ballot initiatives in red states like Missouri, Nebraska, Oklahoma, South Dakota, and Utah. Now a 40th state is in the process of climbing on board: North Carolina. As the Associated Press reports, legislation is finally headed toward the desk of Governor Roy Cooper:

“A Medicaid expansion deal in North Carolina received final legislative approval on Thursday, capping a decade of debate over whether the closely politically divided state should accept the federal government’s coverage for hundreds of thousands of low-income adults. …

“When Democratic Gov. Roy Cooper, a longtime expansion advocate, signs the bill, it should leave 10 states in the U.S. that haven’t adopted expansion. North Carolina has 2.9 million enrollees in traditional Medicaid coverage. Advocates have estimated that expansion could help 600,000 adults.”

So what changed? Basically, over time the fiscal arguments North Carolina Republicans used to oppose the expansion began sounding increasingly ridiculous, AP suggests:

“GOP legislators passed a law in 2013 specifically preventing a governor’s administration from seeking expansion without express approval by the General Assembly. But interest in expansion grew over the past year as lawmakers concluded that Congress was neither likely to repeal the law nor raise the low 10% state match that coverage requires.

“A financial sweetener contained in a COVID-19 recovery law means North Carolina also would get an estimated extra $1.75 billion in cash over two years if it expands Medicaid. Legislators hope to use much of that money on mental health services.”

In other words, the GOP Cassandras warning that the wily Democrats would cut funding for the expansion in Congress once states were hooked turned out to be absolutely wrong. Indeed, the very sweet deal offered in the original legislation got even sweeter thanks to the above-mentioned COVID legislation. States like North Carolina appeared to be leaving very good money on the table for no apparent reason other than partisanship, seasoned with some conservative hostility toward potential beneficiaries. In this case, GOP legislators finally reversed course without much excuse-making. The AP reports:

“A turning point came last May when Senate leader Phil Berger, a longtime expansion opponent, publicly explained his reversal, which was based largely on fiscal terms.

“In a news conference, Berger also described the situation faced by a single mother who didn’t make enough money to cover insurance for both her and her children, which he said meant that she would either end up in the emergency room or not get care. Expansion covers people who make too much money for conventional Medicaid but not enough to benefit from heavily subsidized private insurance.

“’We need coverage in North Carolina for the working poor,’ Berger said at the time.”

That, of course, has been true all along. Final legislative approval of the expansion was delayed for a while due to an unrelated dispute over health-facility regulations. And the expansion cannot proceed until a state budget is passed. But it’s finally looking good for Medicaid expansion in a place where Democrats and Republicans are bitterly at odds on a wide range of issues.

There remain ten states that have not yet expanded Medicaid; eight are Republican “trifecta” states (Alabama, Florida, Georgia, Mississippi, South Carolina, Tennessee, Texas, and Wyoming) and two others have Republican-controlled legislatures (Kansas and Wisconsin). Perhaps the peculiar mix of stupidity and malice that keeps state lawmakers from using the money made available to them by Washington to help their own people will abate elsewhere soon.


March 23: Sorry, But No, Carter Didn’t Just Lose in 1980 Because of the Iran Hostages

As an old guy with a particularly long interest in the career of Georgia’s Democratic President Jimmy Carter, I noted with interest some new revelations about the end-game of the 1980 elections, and wrote about it at New York:

Jimmy Carter’s slow drift toward life’s end after the longest and most impressive post-presidency in U.S. history has spawned a lot of retrospective assessments of the 39th president and his legacy. But the New York Times has brought us a look back that’s also news: Longtime Texas lieutenant governor Ben Barnes, now 85, decided to let it be known that he was part of a scheme in 1980 to make sure Carter’s reelection campaign wouldn’t benefit from an early release of the U.S. hostages in Tehran whose captivity had tormented the White House since November 1979.

Barnes’s story is indeed stunning. For decades, it was generally assumed that Iran’s revolutionary regime countenanced the hostage taking by allied students and activists and refused to negotiate a release with the Carter administration because of entrenched hostility toward Carter over his friendship with the deposed shah, Mohammad Reza Pahlavi, and/or because they had reason to expect a better deal from Carter’s general-election opponent, Ronald Reagan. (Iran released the hostages, after 444 days, on Reagan’s Inauguration Day.) But no one has really offered concrete evidence of a dirty Republican deal with Tehran until now. And the prime mover in the reported drama happens to be one of the shadier figures of the modern era, former Texas governor John Connally, a powerful career-long political fixer who was suspected of personal corruption.

Best known for being wounded in the same car that John F. Kennedy was assassinated in, Connally, a protégé of Lyndon B. Johnson, played a large role in the defection of southern Democrats to the Republican Party during Richard Nixon’s administration, during which he served as Treasury secretary. His influence was best reflected by his success in convincing Nixon to impose the heretical step of wage and price controls to (temporarily) rein in inflation. Connally was reportedly Nixon’s preferred pick to replace disgraced vice-president Spiro T. Agnew, but the hostility of Democrats toward the turncoat and his less-than-ideal reputation led the Republican president to instead choose Gerald Ford, whom Carter defeated in 1976.

Four years later, Connally launched his own presidential campaign, but despite lavish funding and enthusiastic backing from corporate leaders, he floundered in Iowa and New Hampshire, losing to Reagan. According to Barnes, a longtime political associate and business partner of his fellow Texan, Connally was determined to land a high-level Cabinet appointment in a Reagan administration, so, with Barnes in tow, he put on his globe-trotting shoes to prove his worth. Per the Times account:

“What happened next Mr. Barnes has largely kept secret for nearly 43 years. Mr. Connally, he said, took him to one Middle Eastern capital after another that summer, meeting with a host of regional leaders to deliver a blunt message to be passed to Iran: Don’t release the hostages before the election. Mr. Reagan will win and give you a better deal.”

The Iranians appear to have gotten the message, as a happy Connally later reported to Reagan’s campaign chairman and future CIA director William Casey.

So should we conclude that if Connally’s mission hadn’t take place, Carter might well have won a second presidential term, relegating Reagan (and quite possibly his running mate, George H.W. Bush. and his running mate’s son George W. Bush) to the political dustbin? Tempting as the hypothesis is, it is not terribly plausible.

First of all, the Islamic regime in Tehran didn’t trust any American politician enough to depend on indirect promises of a “better deal,” and its hatred of and desire to humiliate Carter ran deep, independent of any comparison with Reagan.

Second of all, if Connally played such a dramatic role in postponing a potential hostage release, Team Reagan was notably under-appreciative. Hoping to become Secretary of State or Defense once Reagan took office, he was instead offered the Department of Energy (which the new administration intended to abolish); Connally contemptuously rejected the gig.

More important, the Iran-hostage crisis was just one of the problems weighing down Carter’s reelection campaign heading into 1980. Far more damaging than the hostage situation or any international issue was the economy, which had produced the election-year disaster of “stagflation.” In 1980, the average unemployment rate was 7.1 percent, the average inflation rate was 12.67 percent, and average home-mortgage rates were 13.74 percent. This was a political-economic catastrophe for Carter.

And that wasn’t all. Carter had to deal with a deeply divided Democratic Party and one of the strongest primary challenges any modern incumbent president has faced from liberal legend Ted Kennedy. (Ironically, a rally-round-the-flag effect stemming from the hostage crisis undoubtedly helped Carter hold off Kennedy’s challenge.) And Carter’s reelection campaign had a big strategic problem to overcome. He had narrowly won the 1976 general election thanks to the excitement of southern and southern-inflected voters (many of them former Nixon and future Reagan voters) who were thrilled to have credible presidential candidate emerge from their region of the country. But it was extremely difficult for Carter to maintain that unique coalition, particularly against an ideological candidate like Reagan. He also lost a lot of liberal voters to third-party candidate John Anderson, who ran to Carter’s left. Under these circumstances, it was actually impressive that Carter lost to Reagan by only 9.8 percent of the popular vote (though he lost the Electoral College by a 489-to-49 margin). Well before Connally and Barnes’s Middle East tour, Carter’s job-approval rating (per Gallup) had already slipped well below 40 percent, never to recover.

As much as it might give Carter and his friends some grim sense of vindication to know that skullduggery was deployed to keep the hostages locked up as his presidency slipped away, it ultimately mattered only at the margins. But the tale does provide a bit more posthumous damage to the already spotty image of Connally.


March 16: DeSantis/Trump Alliance on Ukraine May Create Larger GOP Divisions

Ron DeSantis’ sudden lurch into a position opposing U.S. assistance to Ukraine may unravel his own 2024 coalition and introduce splits into the entire GOP, as I explained at New York:

Cynics have wondered if Ron DeSantis’s recent emergence as a populist culture warrior is a bit of an opportunistic act meant to help him both sideline and co-opt Donald Trump’s MAGA movement in the 2024 presidential race. After all, before Trump helped lift him to the Florida governorship, DeSantis was a congressman with a conventional conservative profile. He was a founding member of the House Freedom Caucus back when its claim to fame was a favoring fiscal austerity even if that meant cutting popular retirement programs (as Trump has acidly pointed out). DeSantis’s recent antics could be seen as an attempt to attract both Trump supporters and Republicans who have had enough of the 45th president but know that some Trumpism is necessary to win the election.

If that’s his play, DeSantis may have taken it a bit too far in his recent about-face on Ukraine, which he broadcast in an interview with Fox News host Tucker Carlson. As my colleague Jonathan Chait explains, the governor didn’t just hedge his strong support in Congress for U.S. aid to Ukraine or criticize Joe Biden’s handling of the conflict. Nor did he only describe Ukraine’s plight as the lesser of competing priorities — as he has done in the very recent past. No, he systematically went through the isolationist catechism on Ukraine, describing Russia’s aggression as a “territorial dispute” in which both sides are at fault while denouncing U.S. aid as “wasteful” and our whole posture as risking nuclear war.

This all sounded pretty familiar, Trump immediately noted, saying that DeSantis is “following what I am saying. It is a flip-flop. He was totally different. Whatever I want, he wants.”

Nikki Haley, another announced candidate in the 2024 Republican presidential contest, agreed. “President Trump is right when he says Governor DeSantis is copying him — first in his style, then on entitlement reform, and now on Ukraine. I have a different style than President Trump, and while I agree with him on most policies, I do not on those. Republicans deserve a choice, not an echo,” Haley said in a statement, per the Washington Examiner.

More generally, the backlash to DeSantis’s comments on Ukraine from key members of the Republican Establishment in the U.S. Senate was quite intense — with Lindsey GrahamJohn CornynMarco RubioJohn Thune, and Mitt Romney all deploring his new position with varying degrees of heat. Former governor and 2016 presidential candidate Chris Christie went furthest, saying that DeSantis “sounds like Neville Chamberlain talking about when Germany had designs on Czechoslovakia.”

One of conservatism’s major media pillars, The Wall Street Journal editorial board, blasted DeSantis for a “puzzling surrender this week to the Trumpian temptation of American retreat,” comparing his indifference to Russian aggression unfavorably to Ronald Reagan’s “peace through strength” posture toward adversaries like the Soviet Union. The editorial’s headline calls this DeSantis’s “first big mistake,” reflecting its perceived importance.

DeSantis is even getting serious guff over his Ukraine repositioning in the pages of National Review, which is often described as a “fanzine” for the Florida governor. National Review regular Noah Rothman denounced DeSantis’s statement to Carlson as “weak and convoluted” and “likely to haunt DeSantis in both the primary campaign and, should he make it that far, the general election. Russia’s unprovoked invasion of Ukraine is a ‘dispute’ over territory in the same way a bank robber and depositor have a ‘dispute’ over money.” Just as telling was National Review senior political correspondent Jim Geraghty’s defensive treatment of the Ukraine flip-flop as a piece of cheap campaign demagoguery that DeSantis would likely abandon if he actually makes it to the White House.

One pertinent question is how GOP voters feel about Ukraine and U.S. support for the beleaguered country. As Charlie Sykes notes, the party’s rank and file are divided: “A Pew poll in January found that 40 percent of Republicans and Republican-leaning independents think the United States is giving too much aid to Ukraine, a number that has been steadily rising. But 41 percent still thought that we were not giving them enough, or that the aid was ‘about right.’” That means the sweet spot for GOP candidates is probably to attack Biden for all-purpose “weakness” — saying he emboldened thugs like Vladimir Putin, then overcompensated by making commitments to Ukraine that may exceed legitimate national interest. DeSantis has clearly gone beyond that safe posture and into America First disdain for the whole “dispute.”

The risk for DeSantis is more than just stoking doubts among some GOP primary voters, who are probably more interested in his anti-woke crusade in Florida than in what sort of foreign policy he might pursue in office. And the issue isn’t that he’s “copying” Trump, though that’s not a good look either. The bigger strategic problem is that DeSantis is trying to put together a mind-bending coalition that includes some Trump supporters as well as anti-Trump Republicans. Senator Mitt Romney, for example, seemed to hint recently that it was time for other potential candidates to give DeSantis a clean shot at the reigning champ.

What DeSantis is saying about Ukraine is precisely the kind of thing that could repel many anti-Trump Republicans or drive them into the arms of other candidates. And other GOP candidates will likely be quick to exploit a joint DeSantis-Trump position on Ukraine that alienates some GOP voters and a lot of GOP elites. Mike Pence is especially likely to join Haley in speaking out on the issue, as his mantra has been that “there is no room in this party for apologists for Putin.” In seeking to co-opt Trump on this issue, DeSantis may be shrinking what looked like a very big tent of post-Trump Republicans who looked to him as ringmaster.


March 15: Abortion Policy Could Complicate DeSantis Presidential Bid

It looks like Ron DeSantis’ efforts to enter the 2024 presidential contest as the master of his large state could be complicated by the fraught issue of abortion, as I explained at New York:

Florida governor Ron DeSantis visited Iowa as he prepares to announce he’s running for president, and his pitch to Republicans is contained in his new book’s subtitle: Florida’s Blueprint for America’s Revival. He can boast of turning his state into a national right-wing model where lockdowns aren’t tolerated and liberals are fully “owned” by a series of audacious state laws banning “wokeness” in all its forms. So far, it appears to be working, with DeSantis building a formidable head of steam to take on Donald Trump, who calls him a phony.

So Florida’s laws pertaining to abortion should be of special concern to anyone valuing reproductive rights. DeSantis and his party’s first pass on restrictive abortion laws could have been worse: Last April, just prior to the Supreme Court reversing Roe v. Wade, he signed a new law banning abortion after 15 weeks of pregnancy with no exceptions for rape or incest. Since well over 90 percent of abortions are performed prior to 15 weeks of pregnancy (depending on the estimate), it was inevitable that Florida’s anti-abortion lobby and the Republican Party it all but controls would not be satisfied. Indeed, more stringent bans were enacted in other southern states (notably next-door Georgia), making Florida a medical-travel destination for women seeking abortions that are illegal in their own jurisdictions.

But while DeSantis made it clear he would be happy to accommodate GOP hopes for a more draconian law if one were sent to his desk, the word around Tallahassee, according to one source plugged into Florida politics, is that he was blindsided when Republican lawmakers introduced a six-week ban amid signs that it would move rapidly toward enactment. (Republicans have legislative supermajorities that make Democratic opposition futile and a few GOP defections tolerable.) Now DeSantis must quickly calculate how this might help or hurt his presidential ambitions.

The path of least resistance for DeSantis is to sign the bill as an indication of the people’s will as reflected by the legislature without offering the new law as a national model. But anti-abortion activists no longer accept a “state’s rights” approach to abortion law now that the federal constitutional right to choose has been abolished. One major anti-abortion group, the Susan B. Anthony List, has made a 2024 litmus test out of support for a federal abortion ban at 15 weeks or fewer, preempting blue-state laws while allowing red-state laws that are even more restrictive, and other activists will likely follow. Allowing blue states to keep abortion legal as an exception to his general demands for “making America more like Florida” may enhance DeSantis’s general-election prospects, but that would be perilous in a Republican Party that has endorsed a full-on federal constitutional ban on all abortions in every national party platform since 1980. To activists who regard a fertilized ovum as a “baby” deserving full personhood rights, the kind of half a loaf DeSantis has previously championed just won’t be enough. They are especially powerful in Iowa, the first state on the Republican nomination-contest calendar, where DeSantis is polling about with Trump in terms of favorability.

The proposed Florida law does include an exception for rape or incest (though only if a court order or police report documents the cause of pregnancy), which puts Florida in sync with Trump’s otherwise incoherent position on what the law should be now that his justices have overturned Roe. DeSantis could try to nudge the law in one direction or another, but there is no position that can bridge the gap between respecting and abridging reproductive rights and no way for him to know which way Trump may weave on the subject. And DeSantis’s dilemma doesn’t just extend to the Republican primaries: An extremist position on abortion that might be helpful in wresting the nomination from the formidable Trump could be an enormous liability in the general election, where a solid majority of voters, including a sizable minority of Republicans, don’t want abortion outlawed.

A couple of factors complicate the Florida GOP’s freedom of action in this area. The state’s constitution includes an explicit right to privacy (similar to the right the Supreme Court inferred from the Constitution in Griswold v. Connecticut and Roe), which in the past has been held to confer a right to an abortion. Indeed, a state judge initially put the 15-week ban on hold on these grounds, but the hold was overturned pending a Florida Supreme Court review. It’s generally expected that DeSantis’s appointees to that court will let the law (and probably a subsequent six-week ban) take full effect.

More ominously for the forced-birth lobby is that Florida is a state with citizen-initiated ballot measures. It’s already likely that an abortion-rights ballot initiative will appear as early as 2024, and enactment of a six-week ban will make a pro-choice initiative even more likely to appear and then to overcome Florida’s 60 percent approval requirement for constitutional amendments. Pro-choice advocates have won every abortion ballot measure — including those in red states like Kansas and Kentucky — since Roe was reversed. It could be more than embarrassing to DeSantis if his state moves tangibly toward the cancellation of a GOP abortion law as he’s running for president on a pledge to make America one big Florida. It’s. not a great sign that one of Florida’s two Republican senators, the normally ultra-MAGA Rick Scott, has already come out against the six-week ban.

All in all, DeSantis’s easy acquiescence to radical abortion legislation could represent a rare political misstep, making him even more of an ogre than he already is to many swing voters while proving himself an ineffective would-be tyrant who can’t control events in his own state.


March 9: Is Trump Un-Electable? Don’t Be So Sure About It

It’s become common for Republicans to say they want to “move on” from Donald Trump because he’s unelectable in 2024. Democrats need to understand where these dismissals are coming from, and take them with a grain of salt, as I explained at New York.

There are plenty of reasons for Republican elites to oppose the renomination of Donald Trump next year. He’s erratic and selfish as a party leader. He’s repudiated many historic GOP issue positions that Republicans would love to bring back and implement. His constant boasting and lying is embarrassing. His conduct in 2020 was inexcusable to anyone who values the rule of law. And he’s not that much younger than Joe Biden, whose alleged decrepitude will be a major party talking point in 2024.

None of these concerns are terribly politic to say out loud; there’s a strong possibility that anyone who voices them will wind up in a scorching Truth Social post attacking RINOs and the party Establishment. So instead, would-be post-Trump Republicans prefer to talk about the 45th president’s alleged lack of “electability,” as The Atlantic’s Ron Brownstein found when exploring the Trump-o-phobia of GOP elites:

“Jennifer Horn, the former Republican state party chair in New Hampshire and a leading Trump critic, told me that it’s likely the institutional resistance to him this time ‘will be stronger and more organized’ than it was in 2016. Doubts about Trump’s electability, she added, could resonate with more GOP primary voters than opponents’ 2016 arguments against his morality or fealty to conservative principles did. ‘His biggest vulnerability in a primary is whether or not he can win a general election,’ she said.”

That sounds superficially plausible to those of us who saw Joe Biden defy the odds and win the 2020 Democratic nomination because Democratic voters (even more than elites) considered him electable. In this high-stakes era of polarized politics, with the two major parties roughly equal in strength, everybody is looking for a sure winner. But is Trump really any less viable of a candidate today than he was during the 2016 primary, when he steamrolled his more “electable” opponents?

An odd amnesia seems to have obliterated memories of how completely screwed Trump initially seemed as a prospective rival to Hillary Clinton. According to the RealClearPolitics polling averages from that year, Trump trailed Clinton by nearly 20 points in trial heats shortly after he announced his candidacy. Yes, he did better in later polls, but despite the partisan hype, few people were convinced he would win. He was all but written off by a variety of party figures after the Access Hollywood tapes came out in October 2016. Republican senators Kelly Ayotte, John Thune, Deb Fischer, Mike Crapo, Cory Gardner, Mark Kirk, Lisa Murkowski, and Dan Sullivan, as well as governors Gary Herbert and Bill Haslam, all renounced their support for him instantly. Then–Speaker of the House Paul Ryan told his members they should feel free to abandon their presidential nominee. How electable did he look then? Even when the furor had calmed down, there was a raging debate among pollsters and pundits aimed at Nate Silver’s allegedly too positive projection that Trump had a 29 percent chance of winning. And disputes about how so many people got so much of the 2016 election wrong dragged on for years.

So are we now supposed to believe that the Republicans who made Trump president in 2016 are going to write him off in 2024 because he can’t possibly win? The same Donald Trump who again defied the polls and nearly pulled off another shocker in 2020? And the same Republican voters who to a considerable extent believe Trump actually won a second time? This does not make a great deal of sense.

Some Trump critics suggest that the former president proved himself unelectable when “his” candidates (for the Senate, at least) did poorly in 2022. There’s some sleight of hand in that argument. Sure, some bad Senate candidates endorsed by Trump lost winnable races in 2022. But it’s a different matter to claim that they lost because of Trump’s support, showing how toxic his “brand” had become. The counterargument from MAGA-land, of course, is that just as Republican underperformed in the 2018 midterms, the 2022 results showed the GOP needs Trump on the ballot to win. It’s not an argument that’s easy to brush off.

Advocates for Trump’s non-electability also need to come to grips with the fact that (so far, at least) Trump is not looking particularly weak in head-to-head polls for a prospective rematch with Joe Biden. According to RCP’s averages of Trump-versus-Biden trial heats, the ex-president currently leads the sitting president by an eyelash (44.6 percent to 44.4 percent). How does the presumed beneficiary of all this fear about Trump’s electability do? Ron DeSantis trails Biden in trial heats 42.8 percent to 43.2 percent. There’s not much difference between the two Republicans’ performance against the incumbent, but again: Where’s the evidence that DeSantis is so vastly more electable that Republican should risk the wrath of Trump’s base (and even a possible third-party run) by dumping him?

I am reminded of the 1968 Republican presidential-nomination contest in which Nelson Rockefeller ran incessantly on the theme that he was more electable than Richard Nixon. But on the eve of the Republican convention when the deal would go down, Rocky was devastated by a poll showing Nixon running ahead of him against putative Democratic nominee Hubert Humphrey. Anti-Trump Republicans would be prudent to come right out with substantive arguments about why it would be a bad idea to let Donald Trump slither back into the White House instead of hiding behind “electability” concerns that may soon be as ephemeral as Hillary Clinton’s unassailable lead in 2016. And Democrats should beware believing all the hype.


March 3: Pence Trudges Down Path Blazed by Huckabee, Santorum and Cruz

As part of an effort to keep up in some detail with Republican presidential machinations, I took a deeper look at Mike Pence’s 2024 strategy, such as it is, at New York:

It’s easy to dismiss former vice-president Mike Pence’s presidential ambitions as he moves closer to a declaration of candidacy for 2024. He is nationally famous for two contradictory things: his toadying conduct toward Donald Trump through nearly the entire administration and his courageous refusal to help steal the 2020 election on January 6 (after quite a bit of equivocation). With Trump running again and Florida governor Ron DeSantis looking likely to consolidate support among Republicans who want to move on from the 45th president for various reasons, it’s easy to see Pence fading from sight — like his friend and fellow Hoosier veep Dan Quayle, whose 2000 presidential bid has been justly forgotten.

In early polls, Pence has been battling newly announced candidate Nikki Haley for a distant third place in the 2024 GOP primary. And he has the unenviable combination of high name recognition and relatively low popularity among Republican voters, limiting his growth potential. The one thing Pence does possess that Haley and other potential rivals appear to lack is a strategy for a breakthrough. It begins in Iowa, and it harkens back to one of the more notable upset victories in recent GOP-presidential-contest history: Mike Huckabee’s win in the 2008 Iowa Caucuses.

That year, Mitt Romney (then advertising himself as the “true conservative” candidate) was widely expected to win Iowa as a springboard to challenging early front-runners Rudy Giuliani and John McCain. Instead, he was trounced by the underfunded Huckabee, an ordained Southern Baptist minister who skillfully campaigned among Iowa’s large conservative Evangelical population as one of their own (in muted contrast to Romney, the former LDS bishop). Huckabee subsequently ran out of gas (and money), but his Iowa performance touched off the demolition derby that eventually produced the McCain-Palin ticket. It’s no accident that Chip Saltsman, the man who ran that successful caucus campaign, has popped up in Pence’s orbit this year.

Pence isn’t the first Republican to follow the Huckabee blueprint. Rick Santorum tried a similar path in 2012, narrowly upsetting Romney in Iowa via a highly targeted appeal to conservative Evangelicals along the Pizza Ranch circuit of grassroots appearances. So did Ted Cruz in 2016. One of Cruz’s victims, ironically, was Huckabee, whose follow-up presidential candidacy was crushed between the big wheels of the Cruz and Trump campaigns — a fate that could await Pence if he stumbles even a little.

The key to the Huckabee, Santorum, and Cruz victories is the fact (as of the last competitive caucuses in 2016) that close to two-thirds of Iowa Republican caucus-goers are self-identified born-again or Evangelical Christians — a much higher percentage than in New Hampshire (where in 2016, they were only 25 percent of Republican primary voters). Cruz, for example, beat Trump in Iowa by clobbering him among Evangelicals by a 34-22 margin.

Pence, of course, has been a Christian-right stalwart for most of his career and was a key validator for Trump in that segment of the GOP base. There’s even some anecdotal evidence that conservative Evangelical supporters of the joint Trump-Pence project have not joined the general MAGA anger at the faithful veep, as Christianity Today noted not long after January 6:

“For evangelicals who backed Trump, ‘I think that actually many within this community were more stung by Trump’s open criticism of Pence than by what Pence chose to do in his refraining from exercising a questionable power,’ said Scott Waller, politics professor at Biola University.”

The former veep’s proto-campaign activities lately have shown quite the preoccupation with religiously oriented audiences and pre- or anti-Trump conservatives. While Trump and others were preparing to whoop it up at this year’s CPAC gathering outside of Washington, DC, here’s what Pence was doing, according to the Associated Press:

“In explaining why Pence declined to attend this year, his aides cited a full schedule of events, including a Club for Growth donor summit; a trip to South Carolina, where he will speak at the evangelical Bob Jones University; a speech at the conservative Christian Hillsdale College in Michigan; and a Students for Life of America event in Florida.”

Pence will have the perfect testing ground for an Evangelicals-first strategy in Iowa, where slow and steady campaigning is not only effective but essential, thanks to the long buildup to Caucus Night and the dominance of activists among those who show up. But he will, obviously, have to deal with Trump and DeSantis — assuming the Florida governor runs. And while Pence has uniquely strong ties to Iowa’s Christian right, the entire 2024 field will almost certainly share his focus on culture-war issues — notably, attacks on “woke” public schools in the name of “parental rights” and demands for public subsidies for private (and often religious) schools, which are both major themes for Iowa Republicans this year. Pence has managed already to get to the right of his rivals on abortion, echoing the demands of anti-abortion organizations for a federal ban on all abortions as a 2024 litmus test (DeSantis has banned abortions after 15 weeks in Florida, while Trump has annoyed his anti-abortion allies by insisting on exceptions for rape and incest).

It would be smart to watch what some of Iowa’s key Christian-right leaders say and do about Pence’s candidacy. In particular, the man often regarded as Iowa “kingmaker” (or at least weather vane), Bob Vander Plaats of the Family Leader, has backed every recent caucus winner. If Pence is going to go anywhere, he needs a lot of Evangelical street cred.

Pence’s path to a viable candidacy runs through Iowa, but it is very narrow and full of potholes, and it’s not clear where he’ll go from there if he does better than expected. New Hampshire has always been rocky ground for candidates of the Christian right (George W. Bush lost there in 2000, Huckabee finished a poor third in 2008, Santorum was a distant fifth in 2012, and Cruz lost to Trump in 2016 by a three-to-one margin). And while the next state on the calendar, South Carolina, is full of Pence-friendly Evangelicals, it’s the base of one or, perhaps, two rivals (Haley and Tim Scott), and Trump has already locked up significant support among Republican leaders there.

At this point, Pence has little choice but to trudge ahead — placing one foot in front of the other and hoping his competitors either falter or damage each other irrevocably. It’s a turtle-versus-hare strategy at best. But probably one that a career plodder like Pence can execute well.


March 1: Biden Adds Obamacare and Medicaid to His Litany of Republican Threats

I’ve been watching Joe Biden skillfully trap Republicans into swearing off Social Security and Medicare cuts this year. Now he’s smoking them out on other head care programs, as I explained at New York:

President Biden has done a great job in preemptively going after Republican schemes to secure cuts in Social Security and Medicare benefits as part of a debt-limit deal. He has GOP lawmakers squabbling with one another and scrambling to take these ancient targets of conservative malice off the table.

But now Biden is amplifying his message about Republican bad intent to warn of threats to other key federal programs, the Washington Post reports:

“Today, during a trip to Virginia Beach, President Biden pivoted his attack on House Republicans as they remain in a standoff over raising the debt ceiling. Biden argued that spending cuts demanded by Republicans in exchange for raising the limit would do severe damage to the Affordable Care Act, also known as Obamacare, and Medicaid — two programs that Democrats have used to significantly expand health-care coverage. ‘Health care hangs in the balance,’ he said.

“On a stage surrounded by signs calling for ‘affordable health care,’ Biden pointed to the dozens of attempts Republicans have made to repeal the ACA. ‘If MAGA Republicans try to take away people’s health care by gutting Medicaid, the Affordable Care Act,’ the president said. ‘I will stop them.’”

The White House issued a statement challenging the House GOP to disclose its plans for Obamacare and Medicaid, the programs they incessantly if unsuccessfully went after for much of the Trump administration. The statement served as a reminder of what would have happened had any of the various GOP health-care plans known as Trumpcare — which would have repealed the Affordable Care Act and turned Medicaid into a block grant run by the states — been enacted:

“More than 100 million people with pre-existing health conditions could lose critical protections … Up to 24 million people could lose protection against catastrophic medical bills … Tens of millions of people could be at risk of lifetime benefit caps … Millions of people could lose free preventive care … Over $1,000 average increase in medical debt for millions covered through Medicaid expansion.”

And the really big numbers will be repeated again and again:

“40 million people’s health insurance coverage (through Obamacare) would be at risk.

“An additional 69 million people with Medicaid could lose critical services or could even lose coverage altogether.”

These arguments were pretty effective in the fight to stop the repeal of Obamacare, and they haven’t gotten any weaker with time.

It’s not just going to be old folks on Social Security and Medicare who will be hearing often from the president and his surrogates as the debt-limit fight and the 2024 campaign proceed. It will be the many millions of people relying on Obamacare health-insurance regulations and subsidies and on Medicaid benefits (including the families of seniors receiving long-term nursing care through Medicaid). If Republicans play Whac-a-Mole by shifting their domestic-spending budget demands from the most popular programs to slightly less popular ones, it looks as if Biden and the Democrats will already be there warning, “Hands off!” It may or may not work over the short and the longer term, but it’s better than letting the GOP succeed with vague anti-spending promises that later turn into lethally specific cuts.


February 24: “Upbeat” Tim Scott Offers Democrats Peace…After Unconditional Surrender

One of the most important political tasks for Democrats is to expose phony “moderation” among Republican pols who have charmed the mainstream media into thinking they are alternatives to Trump and DeSantis. In that spirit, I listened to a key speech by Tim Scott and wrote about it at New York.

With initial curiosity and then growing dismay, I watched a video of Senator Tim Scott delivering what came across as a presidential campaign preview in Iowa this week (it was officially the politically convenient starting point for the Republican’s “Faith in America listening tour“). It’s hard to recall a more stridently asserted expression of belief that the route to national peace and unity requires the subjugation of one party by the other.

You wouldn’t know that from some of the media coverage of Scott’s speech. The Hill called it “an encouraging speech — a step back from the gloomy and distressed messaging other Republicans have focused on, centered on the Biden administration, early in the campaign.” CBS News reported that Scott “brought a message of ‘a new American sunrise,’ articulating a positive vision that sets him apart from some possible rivals who have focused more on the cultural divides in the nation.” That’s not at all what I heard. The Washington Post was closer to the truth in calling Scott’s speech a “combative presidential vision,” though the Post also brought up Scott’s past criticisms of Donald Trump and Republican racism, which decidedly did not make it into the remarks he delivered at Drake University in Des Moines.

Not to mince any words, the Scott speech was a relentlessly partisan screed accusing Joe Biden and “the left” of pursuing a “blueprint for ruining America.” Take out the references to Scott’s personal experiences and it could have been delivered by Trump or Ron DeSantis. The senator included just about every standard right-wing attack line. He talked about Democrats wanting to “replace law and order with fear and chaos”; about “indoctrinating kids with nonsense like CRT” while “trapping them in failed public schools”; about subjecting workers to “union bosses”; about liberals “persecuting Christians” and “empathizing with killers while prosecuting” anti-abortion protesters;” about Biden “keeping our minerals in the ground.” He attacked “woke corporations” and “politicians … getting communities hooked on the drug of victimhood” — presumably excluding the communities of conservative Christians whose sense of victimhood he encouraged. And he accused “liberals” of “suggesting” something I have never once heard in my many decades of following politics: that “people like my mama would have a dignified and better life than if I had not been born” (though yes, “liberals” might have suggested having a child was her decision to make, not a politician’s).

Throughout the speech Scott treated “Democrats” as synonymous with every marginal leftist opinion ever uttered (which “woke prosecutors” was he talking about in his attack on Democratic coddling of criminals? The one that San Francisco’s overwhelmingly Democratic voters tossed out of office?). And in the heart of the speech Scott asserted that Biden and his party had broken with “two and a half centuries” of consensus American values. He didn’t quite call Biden a traitor, but that was certainly the clear implication.

So what’s all this media talk about Scott exuding optimism and predicting an American “sunrise”? Is he positioning himself as a kind of Republican Barack Obama, calling on the country to unite across party and ideological lines? No: The “sunrise” business was a proclamation of what could happen if conservatives restored their control of the country, with a GOP presidential candidate carrying “49 states.” Maybe this was a sly reference to the Republican Party prioritizing electability in 2024, but it could just as plausibly be interpreted as a call for a one-party authoritarian state. At the very end of his remarks Scott made a vague reference to a hope that Americans could “again tolerate differences of opinion,” but that may have simply been an echo of his earlier attacks on Big Tech suppression of conservative voices. And in one of the few specific examples of the spectacular GOP future we can expect, Scott credited the Trump tax cuts with creating a virtual economic paradise — until the evil woke left began to implement its “blueprint for ruining America.”

Presumably, Tim Scott will keep spreading this “upbeat message” of partisan and ideological warfare as he tours the country in the coming weeks, like some sort of MAGA Johnny Appleseed. If people really listen, they may stop talking about him as the GOP’s antidote to the raw political passions of the recent past.