Category Archives: Senate

Missouri Senate Primary 2022

We are about five weeks out from the August 2 primary in Missouri.  With Roy Blunt deciding that it is time to move on, there are multiple candidates in both party’s primary.  While Missouri has been gradually moving to the right, there is a chance that Democrats could pull out a win, but a lot depends on what happens on August 2.

To some degree, the Republican primary in Missouri is an echo of what we have seen in Ohio and Pennsylvania.  With a large number of candidates and no clear favorite, we are looking at the potential for a very close race which in turn means that Donald Trump could very easily impact the result by putting his thumb on the scale (as opposed to the recent primary in Alabama where Trump had little noticeable impact on the race when he first endorsed Mo Brooks, less impact when he rescinded that endorsement, and no impact when he decided to endorse Kate Britt at the last second to get a cheap win for his endorsement scorecard).

There are twenty-one people running for the Republican nomination.  For the purposes of the Trump endorsement race, there are three groups of candidates:  the field, the chase pack, and the lead pack.  The field consists of fifteen candidates with no state-wide name recognition and no significant resources.  Each of these candidates would be lucky to get 2-3% of the vote.  But each vote for the field is a vote that is not going to the top six candidates. Continue Reading...

Also posted in General Election Forecast | Tagged , , | Comments Off on Missouri Senate Primary 2022

The 2022 Elections: Revenge of the Trumpists

We are on the eve of the start of the first big segment of the primary season for the 2022 election.  Texas had its primary back in March, but primary season really starts this Tuesday with primaries in Ohio and and Indiana.

Including the Texas run-off, there are primaries or run=offs set for every week between now and June 28 other than the week of Memorial Day.  During that period, a grand total of thirty states will have primaries or run-offs (with some having both).  There is normally a longer breaker between the Spring primaries and the late Summer/early fall round of primaries.  But due to postponed election dates, Maryland will have its primary in mid-July and North Carolina will have its run-off on July 5 or July 26, depending on the offices which require a run-off.  Phase two of the primary season begins on August 2 and runs through September 13.

Mid-term elections are tough for the party in power.   The public always want the big problems solved instantly.  And big problems are typically years in the making and will require years to solve.  Making things worse, the party that wins an election always tries to pass what their primary voters want (which is not the same as what general election voters want) but ends up with in-fighting between the various factions of the party.  It has been a long time since any party has won by a big enough margin to be able to pass legislation despite those differences. Continue Reading...

Also posted in Elections, General Election Forecast, House of Representatives | Tagged , , , | Comments Off on The 2022 Elections: Revenge of the Trumpists

Elections Have Consequences — Biden Agenda Edition

It is a phrase that we repeatedly hear — typically by the majority as a justification for the unjustifiable, but elections do have consequences.  But it’s not just who wins, but how they win.  In many parliamentary countries, there is another common phrase a “working majority.”  And the basic concept is that it is rarely enough to win by one or two seats.  When you have a one or two seat majority, it only takes one or two members deciding to walk to cost the government the majority.  And that’s in a parliamentary system where members risk forcing a new election if they defect from the government to the minority.  In the United States, there is no threat of an immediate new election hanging over members’ heads to encourage the majority to stick together.  As a result, the margin required for a working majority is somewhat larger in the U.S.

And that’s the problem that the current Democratic majority is facing.  Currently, the Democrats have a 220-212 majority in the House (which will go up to 222-213 in January when all of the vacancies are filled).  That means a mere four (now or five in January) defections means that nothing can pass.  In the Senate, the Democrats do not have an actual majority.  Even including the two independents who normally vote with the Democrats, the Senate is a 50-50 tie.  Given the Senate filibuster rules, a 50-50 Senate can only pass reconciliation bills or confirm nominees, and even that requires all fifty members of the caucus to stick together at which point the Vice-President can break a tie.

The current mess on reconciliation and election reform is the result of the lack of a working majority.  Needing every vote in the Senate requires getting the agreement of every Senator.  Thus, each Senator can insist on concessions from the rest of the party.  (It is a little harder in the House, but a group of five or more members have the same leverage).  And to be clear, the leverage is not equal.  When you need every vote, the ones who want to do less have a negotiating advantage over those who want to do more.  The reality is that something is almost always better than nothing.  So the  “moderates” can tell the “progressives” that we are willing to vote for some increased funding for child care and clean energy and expanding Medicare but not for as much increased funding as you want, and the progressives have the option of accepting some funding for needed programs or not getting those programs at all.  The only real limit to the moderates leverage is that, when it comes to needing to cut funding, progressive can counter by trying to trade off programs that they want for programs that the moderates want that progressives do not see as particularly useful.  But that is very limited leverage.  Thus, at the end of the day, the current numbers give a lot of additional power to Senator Joe Manchin of West Virginia and Senator Krysten Sinema of (suppoesedly) Arizona.  (The supposedly is that Senator Manchin’s positions flow from the politics of West Virginia and it is unlikely that Democrats could elect a more progressive Senator from West Virginia.  Senator Sinema’s positions on the other hand do not flow from Arizona’s politics as her fellow Senator from Arizona, Mark Kelly, who actually has to run in 2022, is not blocking current proposals.) Continue Reading...

Also posted in Elections, House of Representatives, Joe Biden | Tagged , , , , | Comments Off on Elections Have Consequences — Biden Agenda Edition

A Republic if You Can Keep It

While many American today are celebrating the anniversary of the issuance of the Declaration of Independence, the United States Supreme Court spent this week giving a green light to Republican attempts to cook the ballot box.  Forty years ago, both parties supported the Voting Rights Act.  Democrats wanted to increase minority representation in government, and Republicans realized that compliance with the Voting Rights Act made it easier for them to pack Democrats into “minority” districts and, thereby, make swing districts lean Republicans.

But drawing district lines is merely one way to reduce minority influence.  And, most importantly, district lines play no role in state-wide race.  To reduce minority influence in state-wide races, you need to keep minorities from voting.  And, while the Voting Rights Act clearly bars the blatant techniques like literacy tests which can be directed at minority voting, the question has remained about techniques which merely make it more difficult for minorities to vote.

Unfortunately, we now have a generation of Republican lawyers who have been hostile to the Voting Rights Act in the majority on the Supreme Court.  And we saw the results this week in a decision out of Arizona — Brnovich vs. Democratic National Committee.   This is not the first time that the issue of the meaning of Section 2 and the test that Congress wants the courts to use in analyzing Section 2 claims has been before the Supreme Court.  The original version of Section 2 merely barred practices which states were using to abridge the right of minority groups to vote.  After the Supreme Court interpreted that provision as only barring practices upon proof of a discriminatory intent, Congress amended Section 2 bar practices which “result” in the abridgment of the right of minorities to vote. Continue Reading...

Also posted in Civil Rights, Elections, Judicial | Tagged , | Comments Off on A Republic if You Can Keep It

2022 Elections — A First Glance

The 2020 elections left both the House and the Senate closely divided.  And two years is a long time in politics.  But experience has taught politicians two, somewhat contradictory, things that will impact what can get done during the next two years.

The first, especially for the House of Representatives, is that the President’s party typically loses seats.  But the reason for this normal rule is that a new President has typically helped members of his party to flip seats.  As such, this might be less true for 2022 than in the past.  In 2020, the Democrats only won three new seats, and two were the results of North Carolina having to fix its extreme gerrymander.  And only a handful of Democratic incumbents won close races.  And the rule is less consistent for the Senate, in large part because the Senators up for election are not the ones who ran with the President in the most recent election but the ones who ran with the prior president six years earlier.  In other words, the President’s party tends to be more vulnerable in the Senate in the midterms of the second term than in the midterms of the first term.  But the likelihood that the President’s party will lose seats is an incentive to do as much as possible during the first two years.

The second is that one cause of the swing may be overreach — that voters are trying to check a President who is going further than the voters actually wanted.  This theory assumes that there are enough swing voters who really want centrist policies and that they switch sides frequently to keep either party from passing more “extreme” policies.  Polls do not really support this theory and there is an argument that, at least part of the mid-term problem, could be the failure to follow through on all of the promises leading to less enthusiasm with the base.  But this theory is a reason for taking things slowly and focusing on immediate necessities first and putting the “wish list” on hold until after the mid-terms. Continue Reading...

Also posted in Elections, House of Representatives | Tagged , , , , , , , , , , , , , , , | Comments Off on 2022 Elections — A First Glance

The Unfinished Civil Rights Agenda — The Commonwealth of Douglass and the State of Puerto Rico

Today, we celebrate the legacy of the Reverend Martin Luther King, Jr.  And appropriately, later this month, we will see one of his successors, the Reverend Raphael Warnock sworn in as a United States Senator from Georgia.

But there is a lot of work still to be done.  And while I could probably write a much longer essay on the full civil rights agenda, I am going to limit this post to a very key symbolic part of the agenda.  Voting Rights was a key part of the King agenda.  And, while other parts of the voting rights agenda are important, today — over 4 million Americans are being denied the most basic of rights, voting representation in the House and the Senate.

At the time of the framing, the United States had vast, mostly unsettled territories.  Even in the states, the settlements were mostly limited to the coasts.  However, between 1784 and 1787, the original Congress under the Articles of Confederation adopted a series of ordinances related to the Northwest Territories (what are currently the states of Ohio, Michigan, Indiana, Illinois, and Wisconsin) that governed the settlement of those territories and their ultimate admission to statehood.  Under those ordinances, a territory was eligible for statehood when it had population in excess of sixty thousand people. Continue Reading...

Also posted in Civil Rights, House of Representatives | Tagged , , , | Comments Off on The Unfinished Civil Rights Agenda — The Commonwealth of Douglass and the State of Puerto Rico

Georgia, Recall Elections, Impeachment, and Removal — a Legal Primer

In the aftermath of a weak of sedition and riots, I am seeing a lot of questions about issues related to the seating (or exclusion) of Senators and Representatives.  I am also seeing questions about what can be done to bring a quicker end to the mistake that was the Trump presidency.

Let’s start with the Georgia elections.  As we learned in November, it takes time to finalize the election results.  In Georgia, there are three key deadlines.  The first is the deadline for receipt of overseas ballots and for the curing of “rejected” absentee ballots and for determining the validity of provisional ballots.  That deadline was the close of business today.     So, at the present time, all  of the counties should know if they have any votes left to count.

The second deadline is next Friday — January 15.  By that date, all of the approximately 160 counties are supposed to have completed their county canvass and certified all votes to the Secretary of State.  This deadline can be extended if the Secretary of State orders a pre-certification audit (as happened in the presidential race).  (It is unclear how the audit will apply to the Senate races.  The state law required one for the November election but is ambiguous as to the run-off election.  The Secretary of State also opted for a complete hand recount of all votes in the presidential race — which technically is not an audit — but the statute only requires an audit of random counties and precincts.  If a proper – in other words,  limited — audit is conducted, the counties that have to do the audit may not need an extension.) Continue Reading...

Also posted in 2020 General Election, Donald Trump, Elections, Joe Biden | Tagged , , , , , , , , | Comments Off on Georgia, Recall Elections, Impeachment, and Removal — a Legal Primer

Georgia on My Mind

A week from today, there will be two runoff elections in Georgia for its two Senate seats.  One, the race between Senator David Perdue and Jon Ossoff will be for a full six-year term.  The other, the race between Senator Kelly Loeffler and Reverend Raphael Warnock is for the last two years of former Senator John Isakson’s term.

Georgia, like many southern states, requires a primary run-off if no candidate wins a majority in the primary.  However, Georgia is part of a very small set of states that requires a run-off if no candidate wins a majority in the general election (except for the selection of presidential electors).  It also, like some other states (again mostly in the south), uses a so-called jungle primary for special elections in which all candidates from all parties run on the same ballot in the general election rather than having party primaries to pick candidates for the special election.  Back in November, the Libertarian candidate did just well enough in the Perdue-Ossoff race to prevent anybody from getting a majority, and there were enough candidates running in both parties that nobody got over 35% of the vote with Warnock and Loeffler advancing to the runoff.

As the fact that it is primarily found in the South should indicate, runoff elections have a somewhat racist history in the U.S.  While not the only reason for wanting a runoff, keeping power for the white political and economic establishment against reformers who might support an increased role for minorities (among other things) was a motivating factor. Continue Reading...

Also posted in 2020 General Election | Tagged , , , , | Comments Off on Georgia on My Mind

The New Senate

Based on where things currently stand, it looks like when the new Senate convenes on January 3, the Republicans will have a 51-48 or 50-49 majority (depending upon the results in Alaska).  First, a word on why there will be only 99 Senators.

At this point, it looks like both races in Georgia are headed to a run-off on January 5.  Senator David Perdue’s current term ends on January 3.  As there will be no winner in that race, the seat will technically be vacant as of January 3.   Senator Kelly Loeffler, however, was appointed to fill a seat.  The term for that seat ends on January 3, 2023.  Under the Seventeenth Amendment, until there is a winner of that special election, she continues to hold that seat.  (For Arizona, that means that as soon as the result is certified, Mark Kelly replaces Sally McBride as the new Senator.  So, if there is a lame duck session in December, the margin will be 52-48 rather than the current 53-47.)

The big issue is whether anything will be able to get through the new Senate.  The real question is whether there is a moderate caucus that could try to leverage both parties against each other to make some real reform to allow the Senate to function.  On the Democratic side of the aisle, Senator Joe Manchin (Senator from Coal Country West Virginia) has to walk a very fine line if he wants any chance at re-election.  Likewise Senator Sinema and Senator-to-be Kelly from Arizona represent a marginally swing state as would potential Senator Osser and potential Senator Warnock from Georgia.   And Senator King from Maine seems to be a true independent.  So, there is a group of four to six in the Democratic caucus that are not going to want to move too fast and might be open to reforms to make the Senate a more “collegial” body. Continue Reading...

Tagged , , , , , , , , , , , , , , , , | Comments Off on The New Senate

Can Justices Get the Issues that they Want

During her confirmation hearings, soon-to-be Justice Amy Coney Barret conveyed the impression that Supreme Court justices do not control the issues that come before them.  This impression is only very slightly true and is mostly false.

The Constitution does limit court to deciding cases and controversies.  A judge does not get to wake up in the morning and say that today I am going to look at absentee voting rules in Texas.  Instead, the judge must have some party bring that case.  But, there are two ways that judges, especially Supreme Court justices, can influence what cases are brought to them.

First, the United States Supreme Court is mostly a discretionary court.  In other words, the Supreme Court gets to choose what cases they take.  If four justices want to look at Second Amendment issues, the Supreme Court will take a Second Amendment case.  The justices, for the most part, understand that there are certain circumstances where they should take a case.  Thus, you have a lot of cases involving issues of federal statutes on which the lower courts have split.  But, for the most part, it is up to the justices how many abortion or civil rights or Fourth Amendment or Free Speech cases they take. Continue Reading...

Also posted in Judicial | Tagged , , | Comments Off on Can Justices Get the Issues that they Want