The following article by Ruy Teixeira, author of The Optimistic Leftist and other works of political analysis, is cross-posted from his facebook page:

I don’t know how many are familiar with Rachel Bitecofer of Christopher Newport University and her forecasting models. I did feature them in some posts in the runup to the 2018 election. To Bitecofer’s credit, her model, which is based on the predictive value of negative partisanship in the current environment, did perform very well indeed in 2018, predicting both the number and location of the seats flipped very accurately.

Well, she’s out early with a prediction for the 2020 general election and it’s worth checking out. Of course, any one model should be treated with caution, no matter how accurate it has recently been. And I have some questions about her analysis, which comes perilously close to saying it doesn’t really matter whom the Democrats nominate. But here’s her bottom line:

“Barring a shock to the system, Democrats recapture the presidency. The leaking of the Trump campaign’s internal polling has somewhat softened the blow of this forecast, as that polling reaffirms what my model already knew: Trump’s 2016 path to the White House, which was the political equivalent of getting dealt a Royal Flush in poker, is probably not replicable in 2020 with an agitated Democratic electorate. And that is really bad news for Donald Trump because the Blue Wall of the Midwest was then, and is now, the ONLY viable path for Trump to win the White House.”

In terms of the map, her model predicts that the Rustbelt three of MI, PA and WI will all move back to the Democrats. AZ, FL, IA and NC are seen as toss-ups. All states Democrats took in 2016 remain Democratic.

Could be. These new data from Morning Consult certainly suggest the model predictions are plausible.

Reading about Trump’s reelection strategy earlier this week, a fairly obvious problem with it came to mind, which I then wrote about at New York:

A lot of the analysis of the first round of Democratic presidential debates last week focused on the possible fodder the candidates and the subjects they debated might offer to the sinister general election opponent awaiting the eventual nominee in 2020. Here’s Larry Sabato and Kyle Kondik, after observing some of the more controversial positions many of the debaters embraced:

“The next election may be similar to the last couple of elections featuring incumbent presidents: 2004 and 2012. The incumbents those years, George W. Bush and Barack Obama, wanted the election to be a choice between them or their challengers; the challengers, John Kerry and Mitt Romney, respectively, wanted the election to be a referendum on the incumbent. Bush and Obama found enough cracks in their opponents that they avoided the kind of straight referendum that could have doomed either. Trump is clearly trying to make this election a choice, too; if it’s a referendum on him, he probably won’t win, given his middling approval ratings. It may be that the policies some of the Democrats support give Trump weapons to use as he tries to present the election as a choice.”

And here’s Cook Political Report’s Amy Walter:

“In a post-debate panel I moderated here at the Aspen Ideas Festival, North Dakota Sen. Heidi Heitkamp made the case that to win re-election, Trump needs to make 2020 a choice election, not a referendum. And, every Democrat gave him the opening for making that contrast. He will attack the eventual nominee as weak on border security, in favor of giving away ‘free’ stuff to people here illegally. Additionally, in the case of Sen. Sanders, Warren, and Harris, supportive of taking away American’s ability to carry private insurance.

“Going forward, it will be important to watch how the Democrats answer the attacks and defend their positions. And to see how effectively Republicans will be at getting these attacks to stick. Can Republicans set the narrative about Democrats before the eventual nominee is able to do that him/herself?”

This all makes good sense. But then again, we all understand that Donald J. Trump is not a president like either of the immediate predecessors that Sabato and Kondik cited. Whatever else you think of them, Bush and Obama were (1) men with egos reasonably well under control, all things considered, and (2) politicians used to following the consensus opinions of their advisers. Trump would probably score near the bottom of U.S. presidents and perhaps U.S. human beings in these and other indicators of modesty.

It may be that Trump won the presidency in 2016, in large part, by making Hillary Clinton more unpopular than he was. But aside from the fact that he actually lost the popular vote, circumstances were very different: He wasn’t the president of the United States or the leader of the party of the president of the United States. Any negative referendum effect helped rather than hurt him; he won’t have the same presumption of not being the problem in 2020, particularly after years of daily public exposure to his depressing and tedious act. Perhaps a Joe Biden or a Bernie Sanders might have enough accumulated baggage to be included in the same discussion as Hillary Clinton in terms of unique vulnerability to demonization. But HRC was really set up as a punching bag by decades of incessant conservative and media contempt, and billions of dollars of investments in making her a figure rivaling Trump himself in unpopularity. And the odds are probably about even that someone other than these familiar political warhorses will win the Democratic nomination anyway.

For better and (mostly) worse, we are living in the Trump era, a period in which political life is dominated by one very strange and offensive man (even his fans love him for his offensiveness, precisely because of the effect he has on their own enemies) who probably can’t take the spotlight off himself even if he wanted to, which he manifestly does not.

According to an Pew Research Center opinion survey of 10,170 respondents, including 5,675 Democrats and Democratic leaners, “Nearly Half of Democrats Say the Best Age for a President Is ‘In Their 50s’.”

Drilling down, the survey, which was conducted April 29-May 13, 2019, also found:

When asked about the ideal age for a president, most Democrats say they prefer someone in their 40s through their 60s, with nearly half (47%) saying the best age for a president is “in their 50s.”…Two of the Democratic Party’s best-known candidates, Joe Biden and Bernie Sanders, are in their 70s, yet only 3% of Democrats and Democratic-leaning independents say this is the best age range for a president. And just 6% say it would be ideal for a president to be in their 30s.

Breaking the data down by age of poll respondents:

The survey also finds that, in general, younger Democrats are more likely than older Democrats to prefer that a president be in their 30s or 40s. A majority of Democrats ages 18 to 29 (55%) say it is best for a president to be in their 30s (13%) or 40s (42%). Among Democrats in their 30s, 40% say it is best for a president to be in their 30s or 40s, while 30% of those in their 40s say this. But among Democrats 50 and older, 12% view these as the ideal ages for a president.

For Democrats – apart from those 18 to 29 –the preferred age for a president is in the 50s. Although Democrats who are 70 and older are more likely than those in other age groups to say it is best for a president to be in their 60s (33% say this), nearly half (47%) say the 50s is the ideal age. Among Democrats 70 and older, just 4% say it is best that a president be in their 70s.

So which Democratic candidates might benefit by these findings? Back in February, The National Review’s Jim Geraghty put together a feature entitled “The Age of Democratic Presidential Candidates,” which provides the ages of most of today’s candidates on election day:

Vermont senator Bernie Sanders: 79 years, 1 month, 26 days.

Former New York City mayor Mike Bloomberg: 78 years, 8 months, 20 days.

Massachusetts senator Elizabeth Warren: 71 years, 4 months, 12 days.

Former attorney general Eric Holder: 69 years, 9 months, 9 days.

Washington governor Jay Inslee: 69 years, 8 months, 25 days.

Former Colorado governor John Hickenlooper: 68 years, 8 months, 27 days.

Ohio senator Sherrod Brown: 67 years, 11 months, 25 days.

Potential independent candidate and former Starbucks CEO Howard Schulz: 67 years, 3 months, 29 days.

Former Virginia governor Terry McAuliffe: 63 years, 8 months, 25 days.

Minnesota senator Amy Klobuchar: 60 years, 5 months, 9 days.

New York City mayor and notorious groundhog killer Bill de Blasio: 59 years, 5 months, 26 days.

Maryland congressman John Delaney, who really exists: 57 years, 6 months, 18 days.

California senator Kamala Harris: 56 years, 14 days.

New Jersey senator Cory Booker:  51 years, 6 months, 8 days.

Former mayor and HUD secretary Julian Castro: 46 years, 1 month, 20 days.

Hawaii congresswoman Tulsi Gabbard: 39 years, 6 months, 22 days.

South Bend mayor Pete Buttigieg: 38 years, 9 months, 15 days.

Scratch non-starters Bloomberg, Schultz, Brown, McAuliffe and Holder from the list, and add Eric Swallwell (38), Marianne Williamson (67), Steve Bullock (54), Seth Moulton (40), Tim Ryan (47), Andrew Yang (45) and Michael Bennet (45), each of whom will be a year older on election day.

“To get a sense of the generational difference,” Geraghty adds, “when Joe Biden was first elected to the Senate, Buttigieg, Gabbard, and Castro had not been born yet and O’Rourke was two months old.” At least we can credit Democrats with decent age diversity. But yes, let’s remember that Sen. Sanders got more support from young voters, than Trump and Clinton combined, though his support from younger voters slipped in a recent Morning Consult poll.

If the Pew survey findings hold even roughly, Democrats may have a problem if the front-runners in the primaries are in their seventies. For one thing, having an older presidential nominee also makes the selection of the vice presidential candidate more strategically-important than usual.

I like Biden, Bernie and Warren, and I believe all three would make excellent presidents. And let’s remember that mature judgement and experience can be a critical asset for a president, despite Rep. Swalwell’s “pass the torch” debate mantra. Age can provide strengths, as well as weaknesses. But that much-disparaged concept, “electability” can’t be easilly dismissed, even though nobody seems to be able to define it.

Thinking ahead, however, I’m less concerned about election day 2020, than the first Tuesday of November 2024, when two of the current leading Democratic presidential candidates will be in their 80s. That re-elect could be a tough sell for Dems, particularly if the Republicans field a young, energetic candidate.

Of course, chronological age doesn’t necessarily measure physical or mental health. But it wouldn’t be a bad thing for Democratic voters to think a bit about 2024 in making their choices. Democrats are in good positon to win the white house and congressional majorities for the forseeable future. Giving more thought to an 8-year strategy can’t hurt.

The following article by Ruy Teixeira, author of The Optimistic Leftist and other works of political analysis, is cross-posted from his blog:

Well, the first Democratic debates are now in the rear-view mirror, so I suppose I should write a few words about What It All Means.

First, on the Democratic horse race, which preoccupies many of us. It’s clear Kamala Harris helped herself quite a bit in terms of visibility and has seen an uptick in the polls. In the Morning Consult (MC) post-debate poll, she is on 12 percent as a first choice for Democratic voters, tied for third place with Elizabeth Warren.

But the basic structure of the race has not decisively changed (though of course it may down the line). Biden is on 33 percent, far in the lead, albeit down 5 points from pre-debate levels, while Harris is up 5 points to the aforementioned 12 percent. Sanders and Warren basically held steady. It’s also worth mentioning that Biden’s very high favorability rating barely budged as a result of the debate.

Harris is already experiencing a bit of blowback, including from some black politicians, for her premeditated hit on an incredibly divisive issue that left politicians like Biden struggling for political survival. The idea that Biden’s actions reveal him as some kind of racist is a hard sell. On the other hand, the idea that Biden isn’t ready for the kind of brutal attacks that Republicans and Trump will launch at him, should he be the Democratic candidate, is a much easier sell. That in the end could be the most important result of Harris’ successful rhetorical strike.

The more consequential result of the debates may not be its effect on the race for the nomination but rather its effect on Democrats’ ability to beat Trump. Here the news is fairly grim I think. Trump is an unpopular President and quite beatable. But that requires you keep the election a referendum on him and not unpopular Democratic ideas.

I had a post awhile ago where I listed the “four don’ts” of the 2020 Democratic campaign. To refresh your memory, here they are:

1. Reparations for the descendants of slaves. Preferred: social programs that disproportionately benefit blacks because of their income, education or geographic attributes.
2. Abolish ICE. Preferred: Reforming ICE + a path to citizenship for undocumented immigrants + an actual immigration policy that includes border security and policies about future immigration levels.
3. Medicare for All that eliminates private insurance. Preferred: Medicare for Anyone or Medicare for All (Who Want It). Currently embodied in the DeLauro-Schakowsky Medicare for America bill.
4. A Green New Deal that commits to 100 percent renewable energy within 10 years. Preferred: A Green New Deal that focuses on jobs, infrastructure, research and promoting clean energy in all forms.

In the Democratic debates, several candidates besides the expected Sanders screwed up on the second don’t on how to handle Medicare for All, most notably Warren, who had previously been fairly cagey in how she handled the issue. But she aggressively put herself on the side of abolishing private health insurance, an unpopular position which could weaponize the health care issue for Trump and sink a Democratic candidate. Harris also declared her support for this approach but then, hilariously, claimed the next day she had misunderstood the question. Nice try.

On the third don’t, abolishing ICE, technically no one called for it, but they did aggressively compete with one another on how leniently to deal with border issues. In their zeal to show how much they opposed Trump’s cruelty on the issue, many candidates signed onto the idea that illegal border crossing should be decriminalized. Like abolishing ICE, this will sound to many voters like open borders, which is a terrible position for Democrats to be in. Americans want their borders to be controlled, with limits on the amount of immigration and asylum-seeking. If Democrats have a humane and workable way to deal with these issues, voters need to hear this, rather than proposals that sound like calls for a much looser border.

On the first don’t, reparations, there wasn’t much talk about it. Possibly Harris might have talked about the issue but she had other plans. However, by bringing up the busing controversies of the 1970’s, it potentially injects another divisive racial issue into the campaign. There is nothing in public opinion that indicates re-litigating this controversy would be particularly helpful for the Democrats. Quite the opposite; the country has moved on from this approach to dealing with de facto school segregation, which was and is quite unpopular.

Now, I get that this is the nomination process and a candidate can conceivably tack back to the center in the general and recant or “clarify” their unpopular issue positions But that’s easier said than done. It is wiser to give your enemy as little ammunition as possible. I fear many Democratic candidates, including some of the most plausible nominees, are ignoring this stricture.

The following article by Ruy Teixeira, author of The Optimistic Leftist and other works of political analysis, is cross-posted from his blog:

Our new State of Change report is out, covering demographic evolution of the parities at both the national and state level from 1980-2036! Among our findings:

“The parties were more compositionally different in 2016 than at any point in the prior 36 years. This election was the first presidential election white noncollege voters did not make up a plurality of both parties’ coalitions, with white college voters exceeding the share of white noncollege voters in the Democratic coalition.

So how will the 2020 electorate differ from 2016? At The Atlantic, Ronald Brownstein notes that “the nonpartisan States of Change project released new forecasts on the unrelenting diversification of the electorate. The new projections, released yesterday, estimate that noncollege whites, the core of Trump’s base, will decline two percentage points in 2020 as a share of all voters (from 44 percent in 2016 to 42 percent), while minorities, who strongly lean Democratic, will grow by two points (from 26 to 28 percent) and college-educated whites, who are now divided closely between the parties, will remain stable at 30 percent. Through 2036, the project expects those working-class whites to shrink to a little more than one-third of all voters, while minorities will rise to match them.”

Is Kamala Harris peaking too soon? Her positive debate buzz is translating into a fund-raising bonanza. “Donations flowed to Harris from 63,277 people, nearly 60 percent of which were first-time donors. The average donation was $30. Her previous largest day was $1.5 million after launching.” But the bad news is that she is now the target of choice for her competitors, several of whom are highly-skilled debaters. There will be a candidate winnowing soon, in terms of meeting rising standards for inclusion on the next big stage debate. Harris’s ‘law & order’ track record would serve her well in the general election, but it could be a problem in some primaries. What she has accomplished is presenting an image of a nominee who is tough enough to bring it to Trump.

Meanwhile, At Vox, Gabriela Resto-Montera reports that “Harris now polls at 12 percent, up 6 points from the previous week. This puts her in third place alongside Sen. Elizabeth Warren, who also polled at 12 percent, a one percent dip compared the previous week (a change within Morning Consult’s margin of error). Warren and Harris now stand behind Sen. Bernie Sanders — his support stands at 19 percent…Joe Biden remains in the lead with 33 percent; however, his support saw a decline nearly as steep as Harris’s rise — he lost 5 points following the debates. Some of this erosion of support may have been Harris’s gain, and a segment of Biden’s base does view the California senator in a positive light: 15 percent of Biden backers said they would pick Harris as their second choice choice of candidate…Biden maintains the highest favorability rating among likely voters at 71 percent, with Sanders trailing him at 67 percent. Warren came in third at 63 percent, and was followed by Harris with 55 percent.”

Also at Vox, Anna North argues “The case for a woman running against Trump: When it comes to debating Trump, women have an advantage,” and notes that “this week’s debates were another reminder that not only can a woman hold her own in a debate against Trump, a woman might actually be uniquely suited to beating him…. In a June Daily Beast/Ipsos poll, 74 percent of voters said they would be comfortable with a female president, but just a third said their neighbors would. Meanwhile, as Vox’s Tara Golshan wrote earlier this month, former Vice President Joe Biden and Sen. Bernie Sanders, two white men in their 70s, were leading in polls going into the debates, even though polls suggest that, given a choice, Democrats might prefer a candidate who isn’t an older white man…The women onstage largely showed that their experience has made them into effective debaters, easily able to shut down male opponents.”

In his post, “Yes, Democrats Are Paying Plenty Of Attention To The 2020 Election” at FiveThirtyEight, Geoffrey Skelley reports that “a new survey from the Associated Press and the NORC Center for Public Affairs Research found that just 35 percent of Democrats¹ said they were paying “a good deal” or “a lot” of attention to the campaign so far. Or in other words, only about one-third of Democrats are seriously following the goings-on of the campaign…But one-third seemed a bit low to me, given that other pollsters have found that Democrats care a lot about picking a candidate they think can defeat President Trump this year, so I took a look at what other pollsters have found this cycle. I found that Quinnipiac University has asked a version of this question three times so far in 2019, finding each time that Democrats are paying quite a bit of attention to the race. For example, 74 percent saidthey were either paying “a lot” or “some” attention in the most recent survey.”

In “Other Polling Bites,” Skelley notes that “A new report from the Pew Research Center shows a huge partisan gap over Americans’ attitudes toward capitalism and socialism. Republicans had sharply positive views of capitalism, with 78 percent holding a positive view and just 20 percent holding a negative one. But Democrats held mixed views: 55 percent had a positive impression while 44 percent had a negative one. Conversely, socialism was thoroughly disliked by Republicans, with only 15 percent holding a positive view and 84 percent holding a negative one. But Democrats were much more positive. Sixty-five percent had a positive impression and 33 percent had a negative one.”

For those who harbored any doubts that health care was still the number one issue, Skelley notes also that “According to a survey from the Kaiser Family Foundation conducted just before the first Democratic debates, health care was the topic Democrats⁵ wanted to hear about most — 87 percent said it was very important for the candidates to talk about it. Other issues that were top priorities included: issues affecting women (80 percent), climate change (73 percent), gun policy (72 percent) and income inequality (70 percent).”

Dems should consider that this punch-out between the ‘Proud Boys’ and ‘Antifa’ may be a preview of coming attractions, and begin to develop a strategy for addressing election day violence. Antifa is active in the west and especially the northwest. But in other swing states, right-wing thugs may find little opposition, as in the Brooks Brothers Riot in 2000, when wingnut goons were flown into Miami by their Republican benefactors for the purpose of intimidating those responsible for the vote recount. Democrats were caught flat-footed, and the results have been catastrophic for the entire world, and  particularly for Dems, who would be wise to anticipate that the ‘Proud Boys’ will be organized for election day mayhem in key cities in swing states. It would be better if they were met by police, community leaders and unions than by rock-throwing radicals.

From Michael Tomasky’s “Biden Doesn’t Get It: McConnell’s Gotta Go if Democracy Is Gonna Live: This problem isn’t Democrats tacking left, or Washington dysfunction. It’s McConnell. And Democrats need to let America know” at The Daily Beast: “As long as the Democrats—presidential candidates, Senate candidates, House Democrats, whomever—run around acting like Mitch McConnell isn’t a huge impediment to progress in this country, in his way a bigger one than President Trump, and not calling him out as the one-man Berlin Wall of reaction that he is, they’re wasting everyone’s time…McConnell knows this is his role, and right now, he’s enjoying it way too much, the way he’s taken to repeatedly calling himself the “Grim Reaper” of the Senate…He, and Fox and all the Republicans, will say it’s the Democrats who are being extreme, and they’ll make it look to much of the country like it’s just your basic dysfunction again and it’s everyone’s fault. No. It’s McConnell’s fault.”

There’s been more talk than usual among 2020 Democratic presidential candidates about their “theory of change”–how they will implement their proposals. But there’s still a hole in the discussion, which I discussed at New York after the first night of candidate debates:

Like a lot of political obsessives, I came up with my own question I wanted to hear posed to the Democratic candidates debating on Wednesday and Thursday nights:

“One highly relevant question the 20 Democratic presidential candidates who are debating this week might be offered is this: Do you have a plan B for the agenda you will pursue if Republicans retain control of the Senate?”

Well, on the first debate night, to my shock, two moderators went there. First, Rachel Maddow asked Cory Booker this question:

“Senator Mitch McConnell says that his most consequential achievement as Senate majority leader was preventing President Obama from filling a Supreme Court seat. Having served with Republicans on the Judiciary Committee, do you believe they would confirm your court nominees?”

Booker hemmed and hawed and then said he was confident Democrats would win the Senate in 2020 (not a strong bet, actually), an assertion that Julián Castro had made earlier. Asked the same question by Maddow, Bill de Blasio was slightly more responsive:

“[T]here is a political solution that we have to come to grips with. If the Democratic Party would stop acting like the party of the elites and be the party of working people again, and go into states, including red states, to convince people we’re on their side, we can put pressure on their senators to actually have to vote for the nominees that are put forward.”

This suggests some sort of political transformation that is very unlikely in the wake of what is sure to be a bitter, closely fought election. It’s precisely the sort of argument Barack Obama made in 2008 about how he’d overcome Republican obstruction, and he struggled against McConnell even with an initial supermajority in the Senate.

Then Chuck Todd asked Elizabeth Warren a more direct and general question:

“It’s very plausible that you’ll be elected president with a Republican Senate. Do you have a plan to deal with Mitch McConnell?”

Warren responded instantly: “I do.” But she really didn’t.

This often practical-minded senator, who by my account was the overall debate winner, gave it a good try, saying she’d call on her supporters to stay engaged and never stop fighting. The saturnine Mr. McConnell could not possibly care less….

Todd tried asking John Delaney about dealing with McConnell, and as usual he talked about bipartisanship, but didn’t have any insights for winning Republican votes in the Senate beyond calling for “ideas that work.” Todd went back to Booker, who managed to come up with the unicorn of an underwhelming bipartisan criminal-justice-reform bill in 2018 as though it offered some sort of template. Criminal-justice reform, of course, is a cause that developed a grassroots conservative constituency over a long period of time. If there’s some similar area where both parties are already poised to come together, I don’t know where it is.

Now the truth is, there are no easy answers to Maddow’s and Todd’s questions about McConnell. But there are plausible approaches: (1) You can aim at picking off one or two Republicans with the kind of public pressure that Warren (and Sanders and de Blasio) like to talk about, and hope for the best, following the example that saved the Affordable Care Act in 2017 when Republicans could not hold their own conference in line; (2) you can focus on executive actions — Amy Klobuchar should have busted into the discussion of a Republican Senate and drawn attention to her vast agenda of executive orders and agency policies she has already promised to implement during her first 100 days in office; or (3) you can promise to lead a holy crusade to retake the Senate in 2022 if Republicans obstruct the new president’s agenda and maybe build a durable Democratic governing majority.

But just promising to fight is not going to strike fear into Mitch McConnell’s dark, hardened heart. The candidates ought to think more deeply about this problem, because it could be more important than anything else the winner encounters.

During the last week of the Supreme Court’s 2018-19 term, the Court’s conservative majority committed an act of injustice that will definitely make life harder for Democrats and for voters, as I explained at New York:

For a while, the possibility that the U.S. Supreme Court would find partisan gerrymandering to be unconstitutional rested in the hands of Anthony Kennedy, a swing justice who seemed offended by the practice but could never quite find a method he liked to measure or remedy it. With his retirement last year, Court watchers figured the odds of the justices doing something about it had dropped significantly. Today they dropped to zero, as NPR’s Nina Totenberg succinctly explained:

“Prior to Justice Brett Kavanaugh’s appointment to the Supreme Court, Justice Anthony Kennedy was the swing vote on this issue. He seemed open to limiting partisan redistricting if the Court was presented with a “manageable standard.” But with Kavanaugh on the Court, the search for that standard is over.”

Writing for the new 5-4 conservative majority on the Court in two combined cases (Ruccho v. Common Cause and Lamone v. Benisek), Chief Justice John Roberts argued that partisan gerrymandering, while offensive to traditional notions of democracy, was a “political issue” best left in the hands of political branches of the federal and state governments.

“Federal judges have no license to reallocate political power between the two major political parties, with no plausible grant of authority in the Constitution, and no legal standards to limit and direct their decisions.”

There wasn’t much doubt in the cases before the Court that Republican legislators in North Carolina and their Democratic counterparts in Maryland had drawn district lines purely and simply to maximize partisan outcomes. In North Carolina, in particular, GOP legislators openly spoke of their plans to screw over Democrats in congressional redistricting, in part to rebut (or perhaps simply disguise) racially invidious motives that would invite judicial intervention. And as Justice Elena Kagan emphasized in a scathing dissent joined by the Court’s other liberals (Ginsburg, Breyer, and Sotomayor), the majority admitted partisan gerrymandering was a travesty:

“[T]he majority concedes (really, how could it not?) that gerrymandering is ‘incompatible with democratic principles.’ Ante, at 30 (quoting Arizona State Legislature, 576 U. S., at ___ (slip op., at 1)). And therefore what? That recognition would seem to demand a response. The majority offers two ideas that might qualify as such. One is that the political process can deal with the problem … The other is that political gerrymanders have always been with us.”

Indeed, Roberts suggested federal and state legislatures could police partisan gerrymandering more effectively than could federal courts, but Kagan put her finger on the emotional core of the conservatives’ argument: Political gerrymanders have always been with us. But the circumstances have entirely changed, she observed:

“Yes, partisan gerrymandering goes back to the Republic’s earliest days. (As does vociferous opposition to it.) But big data and modern technology — of just the kind that the mapmakers in North Carolina and Maryland used — make today’s gerrymandering altogether different from the crude linedrawing of the past. Old-time efforts, based on little more than guesses, sometimes led to so-called dummymanders — gerrymanders that went spectacularly wrong. Not likely in today’s world. Mapmakers now have access to more granular data about party preference and voting behavior than ever before. County-level voting data has given way to precinct-level or city-block-level data; and increasingly, mapmakers avail themselves of data sets providing wide ranging information about even individual voters.”

In view of the majority’s hard-line opposition to getting into the subject, the growing sophistication of partisan gerrymandering, and with it the ever-more-severe practical disenfranchisement it enables, isn’t going to matter any more in the future than it does right now. So what this decision does as a practical matter — beyond launching celebrations among the Republican lawmakers and lawbreakers who control a majority of the country’s state legislatures — is direct concern over gerrymandering into different channels.

The silver lining of the Supreme Court’s retreat from interest in partisan gerrymandering is that it has led the Court to defer to recent efforts to attack the practice on state constitutional grounds. That’s what happened last year when the Pennsylvania Supreme Court struck down a GOP-drafted congressional map and substituted its own: As Republicans everywhere howled, the U.S. Supreme Court shrugged and refused to review the case. Today’s decision obviously leaves open the avenue of state redistricting reforms (whether undertaken by legislatures or ballot initiative) that drastically limit politically motivated discretion in redistricting procedures. But the timing is inauspicious for slowly building momentum for redistricting reform with the decennial Census and the next round of map-drawing just around the corner.

No matter what happens at the state level (or in Congress, which could theoretically limited partisan gerrymandering in federal elections), the decision is deeply dissatisfying to anyone who believes justice should be the overriding motive of the Supreme Court in cases touching on the most fundamental rights. And that was the real travesty of Robert’s decision, as Kagan rightly pointed out:

“For the first time ever, this Court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities.

“And not just any constitutional violation. The partisan gerrymanders in these cases deprived citizens of the most fundamental of their constitutional rights: the rights to participate equally in the political process, to join with others to advance political beliefs, and to choose their political representatives. In so doing, the partisan gerrymanders here debased and dishonored our democracy, turning upside-down the core American idea that all governmental power derives from the people.”

Anthony Kennedy should be ashamed of himself for taking a pass on the opportunity to deal with this problem before heading off to retirement.

The first night Democratic Debate had a big audience and raised the favorability of all 10 participants. It was strongest for Elizabeth Warren, but also grew significantly for Corey Booker, Julian Castro, and Amy Klobuchar, raising for four all four candidates to at or above 60% favorability. The first debate also raised interesting dynamics for Vice President Joe Biden.

Voters thought Warren won the debate (44 percent), followed by Booker (18 percent) and Castro (9 percent). Booker grew his vote share more, up to 10 percent, but it came mostly among African Americans and at the expense of Biden. Castro grew his vote share among Latinos, also at the expense of Biden. So, minority candidates could erode Biden’s base. But critically, Biden gained with white working class women even though he was not on the stage. His working class appeal may come into play among this demographic.

We asked the panel participants which candidates would they consider after their initial vote. Again, we see the victors:

• Warren: 45 percent (vote and consider) before the debate and 62 percent after the debate; gained 17 points.
• Booker: up from 20 to 31 percent; gained 11 points.
• Castro: up from 2 to 23 percent; gained 21 points
• O’Rourke: up form 11 to 14 percent; gained 3 points
• Klobuchar: up from 6 to 14 percent; gained 8 points

This was a debate where voters said their most important issues were health care and drug costs, climate change, and getting immigration under control.

Democrats showed a lot of strength with the Rising American Electorate, African Americans and Hispanics, and particularly unmarried women. It is making in-roads into white working class women too.

In “Kamala Harris’s home run” at CNN Opinion, Paul Begala writes, “The debate soon descended into a free-for-all, with multiple politicians talking over each other. But when the smoke cleared, Kamala Harris had the first home run of the night. “Guys,” she said, “America doesn’t want to witness a food fight; they want to know how we’re gonna put food on their table.”  That’s how you create a Moment in a debate.” Harris also scored against Biden with her takedown of his recent remarks about bussing and working with segregationist Senators during the 1960s.

A panel assembled by The Guardian also gave Harris the night. But one panelist, Pulitzer Prize winner Art Cullen observed, “One of the real winners was actually Elizabeth Warren…Kamala Harris wowed early when, during shouting chaos among the 10 candidates, she reminded the other candidates that Americans “don’t want a food fight; they want to know how to put food on the table”. She was powerful, precise and put her formidable legal skills to work on camera attacking Joe Biden’s record on race and bussing…Biden worked hard to tie himself to President Obama and aggressively defend his civil rights record, but he struggled under Harris’s withering prosecutor-style cross-examination…One of the debate’s other winners wasn’t even present: Elizabeth Warren – who, along with Harris, has clearly taken Bernie Sanders’ mantle as flag-bearer for the progressive base. Sanders started the revolution, but Warren and Harris seem poised to execute it.”

You wouldn’t want to bet the ranch on any candidate at this early political moment. But Reed Richardson reports that “Kamala Harris Jumps to Second Place in Major Online Betting Markets After Debate, Biden Drops” at Mediaite: “PredictIt now shows Harris in second place for the 2020 Democratic nomination with a betting price at 19 cents, having jumped seven cents from just before the debate. She now stands at second place, just behind Joe Biden (21 cents, dropped three cents) and just ahead of Warren (18 cents, dropped three cents) and Sen. Bernie Sanders (15 cents, dropped three cents) and Mayor Pete Buttigieg (15 cents, up three cents)…Betfair also showed a strong shift to Harris, who now stands in second place there as well. Biden still leads with odds of nearly 4-to-1, but Harris is now roughly a 5-to-1 bet, with Warren just behind at 5.5-to-1. Similar to PredictIt, Sanders and Buttigieg trail the top three with odds at 7 and 9-to-1, respectively.”

“Sens. Bernie Sanders and Kamala Harris raised their hands at the second night of the first Democratic presidential debate to declare they wanted to abolish private health insurance, and for the next 20 minutes, some of the other candidates on stage tried to talk them out of it.,” reports Dylan Scott in his post, “Medicare for all” vs. “Medicare for all who want it” at vox.com. “I feel strongly that families should have the choice,” Sen. Michael Bennet, who has aggressively positioned himself as opposed to single-payer, said. “That’s what the American people want.”…Bennet, former Vice President Joe Biden, South Bend, Indiana, Mayor Pete Buttigieg, and even Sen. Kirsten Gillibrand, another cosponsor of Sanders’s Medicare-for-all bill, emphasized choice again and again. They argued people should be allowed to choose whether to keep their private insurance (about 150 million Americans currently get coverage through their job) or join a new government plan. They were clearly uncomfortable with Sanders’s prescription, which would put everybody into a government plan after four years.”

Rep. Eric Swallwell scored a zinger against Mayor Pete Buttigieg. As Jessica Campisi reports at The Hill, “Rep. Eric Swalwell (D-Calif.) needled Mayor Pete Buttigieg on his handling of a police-involved shooting in his hometown of South Bend, Ind., telling Buttigieg on the Democratic debate stage that he should fire the city’s police chief…While Buttigieg said he “accept[s] responsibility” for the shooting, in which a white police officer fatally shot a 54-year-old black man, Swalwell interrupted to tell the mayor: “You should fire the chief.”…“So, under Indiana law, this will be investigated and there will be accountability for the officer involved,” Buttigieg replied.“ But you’re the mayor,” Swalwell fired back…He reiterated: “You’re the mayor. You should fire the chief, if that’s the policy and someone died…As Swalwell jabbed at Buttigieg, the mayor’s facial expression quickly gained traction on Twitter. CNN editor-at-large Chris Cillizza described Buttigieg’s look as a “death stare.””

Swallwell also had a zinger for Biden disguised as praise. As Tim Dickinson reports at Rolling Stone: “Swalwell, a 38-year-old congressman from California, showed he belonged on the big stage. Talking about the need to prepare our children for the future, Swalwell rocked the crowd to sleep with what seemed like an anodyne vignette from his childhood, but then exploded to the rim, dunking on the former vice president…“I was 6 years old when a presidential candidate came to the California Democratic Convention and said it’s time to pass the torch to a new generation of Americans,” he said. “That candidate was then-senator Joe Biden.”..“Joe Biden was right when he said it was time to pass the torch to a new generation of Americans 32 years ago,” Swalwell added. “He is still right today.” Biden smiled, and shook his head, and seemed like he might salvage the moment. But his lame comeback only underscored how badly he’d just been posterized: “I’m still holding on to that torch,” he said.” But Swallwell’s ‘pass the torch’ zinger may have backfired, with large numbers of young voters who support Sen. Bernie Sanders, as well as seniors who support Biden.

For those who want more instant metrics, Lauren Frias shares “The 5 most interesting Google Trends from day 2 of the first 2020 Democratic debates” at Business Insider: “Google Trends tracked the debate-related search interests throughout the debate and tweeted out the most interesting stats…Google Trends ranked the 10 candidates by search interest, with author Marianne Williamson being the most searched…However, during the debate, Sen. Kamala Harris was the top trending topic in search ‘on all of Google’ in the United States…Harris brought up the topic of busing during the debate, causing a surge in search of the topic by over 3,000%.”