Monthly Archives: November 2023

Judicial Roundup

November has seen two big developments in the courts that are of political interest which unfortunately can be characterized as the bad and the ugly.

The bad comes to us from the Eighth Circuit.  Traditionally, the Eighth Circuit has been somewhat on the conservative side, but mostly within the mainstream of traditional conservative thought.  It’s current compositions (by appointing president) is one from Daddy Bush, five from Shrub, one from Obama, and four from Trump.  This past week, a panel of the Eighth Circuit issued an opinion in Arkansas State Conference of the NAACP vs. Arkansas Board of Apportionment.  If you could not tell from the title, this case is a challenge to redistricting in Arkansas under the Voting Rights Act.  The trial judge in the case was a Trump appointee, and, based on a theory currently making its way among the far right, the trial judge dismissed the case on the theory that only the Attorney General can bring a case under Section 2.  In an opinion written by one of the Trump appointees, the panel adopted that theory.  The Trump appointee was joined by a Shrub appointee.  The third judge (a Shrub appointee) dissented.

The basis of the theory of the majority is textualism gone amok.  Technically, there is no express provision in the Voting Rights Act saying that private individuals can challenge district lines.  And, if this were a case of first impression involving just Section 2 and Section 2 had been written today, this argument might make sense.  Currently, courts are very reluctant to infer new causes of action. Continue Reading...

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A Manchin-less Senate

This week, Senator Joe Manchin (I/D — WVa) announced that he would not be running for re-election.  If Senator Manchin does not end up on the “Let’s split the anti-Trump vote” “No Labels” ticket, this decision is both positive and negative for what Democrats might be able to do in the 2025-26 Congress.

To paraphrase a saying attributed to Karl Rove, progressive want to nominate the most progressive candidate that can win a general election.  In West Virginia, Joe Manchin might just have been the most progressive candidate that Democrats could nominate and still have a chance at winning.  His name recognition and reputation allowed him to win a state in which the average Democrat has hoping to receive 40-45% of the vote in the general election.

Is it possible that, one day in the future, Democrats could be competitive in West Virginia again?  Yes.  But, in one crucial way, West Virginia resembles the pre-Civil War South.  In today’s West Virginia, coal mining is a key industry.  While only 2% of the state directly works in coal (like only a tiny percentage of Southerners owned slaves), coal is the second largest industry (beyond the health sector) based on GDP generated.  In many parts of the state, if coal mining stopped tomorrow, there would be significant job losses in many areas of the state which would also cause retail and service industries to decline in those areas.  And the number who see their livelihood as tied to coal is a large enough percent to make the pro-coal vote a significant block in West Virginia elections.  This puts Democrats in a bind.  It is essential for the nation and the world for the U.S. to reduce its reliance on coal.  But recognizing and acting on this necessity hurts Democrats in West Virginia.   As such, the reality is that without Joe Manchin running, it is almost certain that Democrats will lose the Senate race in West Virginia.   And given how close the Senate is currently divided, the loss of this seat will make it harder for Democrats to have a majority in the Senate after the 2024 election. Continue Reading...

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November 2023 Elections

In the U.S., in something that would be a surprise to the Franers, the presidential election has become the “main” election.  Turnout is always highest for the presidential election.  But that is not the only only election, and other elections can be even more important.  To save money, most states have their statewide elections coincide with federal elections (either the presidential election or the mid-term election).  But a handful of states have taken a different approach and hold their elections in odd-numbered years.  In addition, many states (while holding the elections for state offices at the same time as federal election in even-numbered years) hold local elections in the odd-numbered years.  And most states, even if November in odd-numbered years is not a “regular” election date keep it available as a potential election date for special elections and propositions.   This year, the November election will feature several big races.

At the state-wide office level, Louisiana, Mississippi, and Kentucky hold their elections for governor in the year immediately proceeding the presidential election.  Louisiana is a little different because it holds a “jungle primary” which is actually an open general election (i.e. no party primaries) with a runoff if nobody gets 50%.  This “primary” election was several weeks ago, and the Republicans picked up the governor’s office in Louisiana.  Given that Louisiana is a deep red state, this pickup was not too surprising as it takes the right Democrat to have a chance at winning and the incumbent Democrat was term limited.  The new governor is a right wing extremist, and we will probably be hearing a lot of nonsense out of the Pelican State for the next eight years.

But the races for Governor in Kentucky and Mississippi will be on Tuesday.  (At least the initial vote will be on Tuesday as Mississippi has a runoff provision if nobody gets to 50%.)  The governor in Kentucky is a Democrat and the governor in Mississippi is a Republican.  Both are favored to be reelected but the challengers in both states have chances at pulling an upset.  In Kentucky, the challengers big advantage is that he is a Republican.  But the Republican candidate has been a controversial figure as Attorney General, and the Democratic incumbent is popular which might be just enough to hold onto the office.  In Mississippi, the Governor has gotten entangled in some scandals and the challenger happens to be a member of a famous family even if that fame was over 50 years ago.  But Mississippi is still a deep red state.  In short, the most likely outcome is that there will be no changes, but it is also possible that either or both states could flip. Continue Reading...

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