Category: Political Gridlock

Reform the Supreme Court, Part II

The Daily Escape:

Winter at Bryce Canyon NP, UT – January 2023 photo by Michael Andrew Just

The Supreme Court (SCOTUS) has a legitimacy crisis. Put simply, many people no longer think the Supreme Court can be trusted to uphold Constitutional rights or follow judicial norms. This is the result of the Conservative supermajority, driven by its partisan agenda that is increasingly hostile to precedent and separation of powers.

The Conservative supermajority threatens that it will not observe Constitutional guardrails. As an example, our democracy depends on citizens having a meaningful right to vote. Right now, that’s in jeopardy because the Court has upheld voter suppression laws and has provided for partisan gerrymandering to continue.

Also, the Conservative supermajority has taken away a woman’s control over her body. It has also taken direct aim at the tradition of separation of church and state.

SCOTUS ignores its own internal check of stare decisis by writing sweeping decisions seemingly intended to foreshadow future decisions that could further endanger American liberty as we know it.

So, it’s time to reform the Court by building better checks and balances. The power to make these changes sits primarily with Congress. So if reform is to happen, reformers are going to have to control both Houses of Congress.

Let’s talk about some of the options for reform.

I. Expanding the Court

This means increasing the number of justices. The number of justices isn’t set by the Constitution, so Congress can change it at any time, and has done so seven times. The first Supreme Court had only six justices.

Given that Congress can and has altered the size of the Court, it could do that again. One idea is to add two justices in every presidential term. Alicia Bannon of the Brennan Center for Justice wrote an analysis looking at this idea. Basically, it would mean every president gets to appoint two justices, regardless of how many justices wind up serving on the court.

One potential issue is that SCOTUS could regularly have an even number of justices, which isn’t unprecedented, but it makes the possibility of split decisions more likely. There’s also the possibility that it could make presidential elections even more of a proxy vote for Supreme Court justices.

The challenges are that this change would require 60 votes in the Senate to overcome a filibuster. And since Republicans control the House, it’s unlikely to happen soon.

II. Ending life tenure

The big upside to this proposal is that it is much less dependent on justices either retiring or dying. It could also help slow the increasing push to nominate younger justices who could serve on the court for longer.

Prior to 1970, Supreme Court Justices served an average term of 14.9 years. Post 1970, they’ve served an average term of 26.1 years. But the five most recently appointed Supreme Court Justices to leave the court served an average of 27.5 years.

Today, most countries in the world have limited judicial tenure, either through mandatory retirement ages or fixed terms. In the US, only one state supreme court (RI) allows for life tenure.

Properly implemented, term limits could give each president the opportunity to appoint the same number of Supreme Court justices each term. Thus, reducing partisan gamesmanship around individual confirmations while making the Court more representative.

One suggestion from the American Academy of Arts and Sciences calls for an 18-year term with regular appointments made every two years to replace outgoing justices. This would not only limit life tenure, but it would also guarantee every president a stable number of two appointments, assuring a reliable translation of voters’ political will into the federal judiciary.

III. Limiting the Court’s jurisdiction

Congress can limit the kinds of cases that can be appealed to the Supreme Court. Along with the ability to define the jurisdictions of lower courts, this “jurisdiction stripping” can be used to curtail the power of the Court overall. This also might force certain aspects of the law back to the political branches of government.

This happened recently under the Military Commissions Act of 2006, which tried to strip Guantanamo Bay detainees of the ability to appeal cases in federal courts. This could only become law if passed by both Houses of Congress and signed by the president.

IV. Create a binding code of ethics

The Supreme Court is the least accountable part of our government; it does not even have a binding code of ethics. We should institute a binding code of ethics, including rules to prevent conflicts of interest. We should adopt transparency measures, including live-streaming of oral arguments and decisions.

Of the above, term limits should be enacted, and a code of ethics should be established. Those are realistic goals. When the Constitution was adopted, the average life expectancy was 36 years, not today’s 80 years.

We need to forge a new consensus about SCOTUS. That requires us to do the political work of negotiating and renegotiating what the Court should look like, and how it should operate.

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Monday Wake Up Call – December 12, 2022

The Daily Escape:

Oak Creek in snow, Sedona, AZ – November 2022 photo by Ray Redstone Photography

What is it with our national politicians? There are only a few days left for the House and Senate to increase the country’s debt limit, but both Parties have been screwing around, and now it looks like they may punt the problem to the incoming Congress.

From the NYT:

“Congressional leaders have all but abandoned the idea of acting to raise the debt ceiling this month before Democrats lose control of the House, punting the issue to a new Congress when Republicans have vowed to fight the move, and setting up a clash next year that could bring the American economy to the brink of crisis.”

The plan had been for Democrats to act during the lame-duck post-election session to increase the legal borrowing limit. That would take advantage of the Dems’ final month of control of both Houses of Congress. It would head off a pissing contest with Republicans when they take over the House in January. Republicans have threatened to block the increase once they are in charge of the House. They plan to hold it hostage until the Democrats agree to substantial cuts to domestic spending and Social Security, Medicare, and Medicaid.

There are several problems here. The debt ceiling which the US will reach sometime next year; the expiration of the last stopgap funding bill that expires on Dec. 16; and passing an overall budget for the current fiscal year.

The Dems had planned to attach a series of other priorities to the big funding package, including the reform of the Electoral Count Act (ECA), a critical reform that helps prevent election denier shenanigans in 2024. On December 3, Wrongo warned that this was a high risk gambit: (emphasis by Wrongo)

“…the Democrats need Mitch McConnell and other GOP Senate leaders to agree to attach ECA reform to a spending bill and enlist the 10 GOP Senators to support it. That means the GOP controls whether this bill is enacted.”

Now we’re hearing that the leadership of both Parties can’t get to an agreement on the big package. More from the NYT:

“Republicans and Democrats remain at odds over how to split funding between military and social programs. Talks are set to continue through the weekend ahead of the Dec. 16 deadline, though aides said lawmakers could pass a one-week stopgap bill to give negotiations additional time.”

So America’s Christmas present from Congress will be no Electoral Count Act reform and no new budget, and no debt ceiling increase. Instead, we’ll get another Continuing Resolution that will fund the government until early in 2023 when the Republicans will try once again to toss the US credit rating off a high cliff with their far Right ideological theories on US government debt.

Under the last debt limit increase passed late in 2021, the federal government can borrow $31.381 trillion. Total national debt has been slightly above that level, but since a small portion of the debt is exempt from the debt ceiling, we’ve stayed in compliance. As of last week, total debt subject to the debt limit got as close as $31.345 trillion.

The consequences of failing to extend the debt limit are immediate and bring great risk. For example, it could force the government to choose between paying Social Security checks or paying the interest due on the country’s debt. That happened in 2011, when Congressional Republicans pressured President Obama to accept similar spending cuts in exchange for raising the debt limit.

That standoff led to downgrading the credit rating of the US. It rattled American investors and the US economy. This time, it could have global economic implications, given that the world is facing a global recession.

Before you say: Well, these birds learned this lesson back then, so they surely will make a deal this time. Consider that Goldman Sachs reports that less than a quarter of Republicans and less than a third of Democrats who will serve in the House in 2023 served there in 2011.

Time to wake up, Congress! Sure, some of you are very old, and want to go home for the holidays. But we pay you to fix things, not to make them worse. Schumer and Pelosi should make them all stay in DC until they vote on what the country needs.

To help them wake up, watch, and listen to a live version of the Allman Brothers’ “Midnight Rider” with Vince Gill, Gregg Allman and Zac Brown from a 2014 performance at the Fox Theater in Atlanta. One of the wonders of live music is what happens when artists collaborate in a live setting:

We’re also seeing Chuck Leavell on keyboards and Kenny Aronoff on drums.

Sample Lyric:

And I don’t own the clothes I’m wearing
And the road goes on forever
And I’ve got one more silver dollar
But I’m not gonna let ’em catch me, no
Not gonna let ’em catch the midnight rider

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Saturday Soother – December 3, 2022

The Daily Escape:

Pondicherry Park, Bridgeton, ME – November 2022 photo by Eric Storm Photo

Are the Democrats prioritizing the need to pass the Electoral Count Reform Act? Some are worried that amending the Electoral Count Act of 1887 (ECA) might not get done in what remains of Congress’ lame-duck session. If it isn’t done by January 1, it’s unlikely to be passed at all once Republicans take control of the House.

From the WaPo’s Greg Sargent:

“Versions of ECA reform have advanced in the Senate and the House, but it’s hard to see either passing as a stand-alone bill with only a few weeks left in the lame-duck session. That would chew up valuable floor time with much else left to do, including funding the entire government.

So, the most likely option at this point, a congressional aide tells me, is for ECA reform to get attached to that end-of-year spending bill.”

It’s worth worrying that this might not happen. Roll Call reports that Democratic Sens. Joe Manchin and Amy Klobuchar have said that it should be made a part of the must-pass spending omnibus bill.

The pending ECA Reform bill is the most substantial legislative action trying to deal with the Jan. 6, 2021 attempted coup. Citing ambiguities in the ECA, Trump’s supporters argued that Vice President Mike Pence could set aside some states’ results. You know what followed that.

The pending legislation would clarify that the vice president’s role in counting electoral votes is purely ceremonial, and that s/he does not have the discretion to set aside any state’s properly certified votes. It would also raise the threshold to hear objections to a state’s electors from just one member in each chamber to 20% of both Houses.

ECA reform would also require governors to certify the correct slate of electors.  It creates new ways for legal challenges when governors violate that duty, and requires Congress to count the court-sanctioned slate of electors even if a bad-acting state legislature appointed a sham slate.

This is important since right now, we’re seeing Arizona’s Cochise County’s election board simply refusing to certify the results of their midterm election. This shows that election denialism is alive and well in the states and demonstrates the need for ECA reform. Arizona’s GOP is showing us exactly what they plan to do in 2024. We should believe them.

In a future presidential election, a GOP-controlled state legislature could seize on exactly this kind of thing — a local refusal to certify results — as its excuse to appoint a different slate of electors for the losing presidential candidate. If that state’s GOP-controlled House counted those electors, under current law it could lead to a stolen election or major crisis. That must be fixed.

The Democrats are pushing on a string trying to get the bill passed. Attaching the ECA reform to a spending bill is complicated. Right now, 10 GOP Senators support the Senate version of reform, the exact number required to overcome a filibuster. But will those same Senators support the spending bill Sen. Schumer wants to pass in the Senate?

And if not, will the ECA reform bill get a stand-alone vote? More than a few GOP Senators could seek to derail it with poison-pill amendments. What’s more, a stand-alone vote could subject it to attacks from Trump and other Republicans. That might weaken the support of some of the 10 GOP Senators who are for it.

And the Democrats need Mitch McConnell and other GOP Senate leaders to agree to attach ECA reform to a spending bill, and enlist the 10 GOP Senators to support it. That means the GOP controls whether this bill is enacted.

The threat of election subversion won’t disappear in our lifetimes. As Greg Sargent says, Jan. 6 has caused unusual bipartisan urgency for Electoral Count Act reform. It would be the height of folly to let that slip away.

And now it’s time for our Saturday Soother, where we try to forget about power, politics, and economics for a few minutes, and calm ourselves before we rush headlong into the holiday season.

We’ve gotten through Thanksgiving and are heading towards Christmas. Here at the Mansion of Wrong, the faux Christmas tree is up, the Christmas plates are going into the cabinets, and the caviar and good single malts have been stocked. The first overseas Christmas cards have arrived.

Let’s put on our wireless headphones and watch and listen to Saint-Saëns’s “Introduction and Rondo Capriccioso, Op.28” for violin and piano, played in 2017 by Bomsori Kim on violin, and Jeongwon Kim on piano. The piece was written by Saint-Saëns in 1867 as the finale of his first violin concerto, but its success as a solo composition at its first performance led Saint-Saëns to publish it separately. Her violin is a Guarnieri from 1725:

Bomsori Kim is new to Wrongo and is outstanding.

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It’s Always About Turnout

The Daily Escape:

Verbena in bloom, Anza-Borrego Desert, CA – November 2022 photo by Frank Sengpiel

The midterms are over and some interesting analysis is now available. Kyle Kondik at Sabato’s Crystal Ball has an analysis of how Republicans took the majority in the House by winning more districts that Biden carried than Democrats won districts carried by Trump. From Kondik:

“There are currently slated to be 18 Republicans in Biden seats and just 5 Democrats in Trump seats.”

Kondik reports that the overall number of “crossover” districts — seats that vote for one party for House but the other party for president — has been generally on a downward trajectory. Back in 2008, Democrats held nearly 50 districts that Republican presidential nominee John McCain carried. But many of those districts went red in 2010 and, aside from 2018, Democrats have won relatively few districts won by the other side’s presidential candidate.

And Republicans have now won more of these seats in 6 of the last 7 elections, as the overall number of crossover districts has generally declined. Kondik says:

“Overall, Republicans won 5 double-digit Biden districts…while Democrats won just 1 double-digit Trump district. If those districts had voted in line with their presidential partisanship, the Republican House edge would be just 218-217.”

Immediately post-election, many Dems focused on New York where six House seats flipped to the GOP in districts that Biden had won in 2020. Democrats may think that a weak campaign by Democratic Gov. Kathy Hochul (D-NY) hurt them. But the Albany Times Union recently reported that Republican turnout in New York far outpaced Democratic turnout, with GOP turnout reaching 2020 presidential levels on Long Island:

“Republican turnout was substantially higher than for Democrats, 63 to 47 percent, according to an analysis of unofficial election results obtained by the Times Union from the state Board of Elections.”

This was a problem for Democrats all across the US. Tom Bonier, CEO of TargetSmart, an industry leader in using political data, tweeted about another way to look at the poor turnout by Democrats:

The possibly flippable districts Bonier is talking about are: IA3, NY17, MI10, CA13, CO3. Add to those the other five NY districts won by Biden that flipped, and you could have had a decent Democratic majority in the House.

But instead, we’ll be listening to the presumed House Speaker Kevin McCarthy say things like he did on Wednesday. He sent a letter to the January 6th Committee demanding that it preserve “all documents and transcripts” gathered by the Committee.

You should know that his demand is pointless. The Committee had already announced it will publish all documents and transcripts to ensure that Republicans do not destroy evidence when they take over the Committee.

As you may have already concluded about this election cycle, Pew Research says that in-person voting increased compared with 2020. A clear majority of Americans who voted in this year’s Congressional elections say they cast their ballots in person. Nearly two-thirds of voters (65%) submitted ballots in person, including 44% who say they voted on Election Day and 21% who voted in person before Election Day.

In the 2020 presidential election that took place during the Coronavirus, a smaller majority (54%) submitted ballots in person, including just 27% who cast ballots on Election Day.

Absentee and mail-in voting declined from 46% of voters in 2020 to 35% this year. Republicans (52%) are more likely to say they voted in person on Election Day than Democrats (35%), but the share of Democrats voting on Election Day 2022 doubled compared with 2020 (17%).

There were large differences in how voters cast ballots by age and racial or ethnic groups. Nearly two-thirds of voters ages 65 and older say they either voted in person before Election Day or voted by mail or absentee.

That compares with narrower majorities of voters in younger age groups, who were more likely to vote in person on Election Day. In addition, White voters were more likely to report voting in person on Election Day (46%) than Black (40%), Hispanic (32%) or Asian voters (21%).

Overall, the big takeaway for Democrats, both for the Warnock vote on December 6 and for the 2024 Presidential and Congressional elections, is that TURNOUT wins close elections.

And we must expect that all future Congressional and Presidential elections will be decided by razor-thin numbers in many places.

Give your money to groups that are committed to growing turnout.

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Monday Wake Up Call – November 28, 2022

The Daily Escape:

Thanksgiving Day, Brewster, MA – November 2022 photo by Anne Marie

There was plenty of news over Thanksgiving that Wrongo was itching to talk about, but instead, he decided to take a complete break. Here’s something that’s been on his mind.

Despite all of the self-congratulating by Democrats, the Cook Political Report shows that Republicans received some 3.5 million more votes than Democrats in the midterms. Republicans received 54.13 million votes compared to the Democrats’ 50.79 million votes. Republicans did better in 2022 than they did in the 2018 midterms by 3 million votes, while Democrats got 10.3 million fewer votes than 2018, when they won control of the House by 235–199. Much of this is turnout.

Despite this context, the narrative is that America rejected the far Right by defeating election denier candidates. And most Trumpist candidates were defeated by significant margins. Democrats shouldn’t rest on their laurels or assume “the Trump fever has broken”. It hasn’t. America comes out of the midterms with voters evenly divided between the Parties.

Now, there are only four swing states left: Arizona, Georgia, Nevada, and Wisconsin. These four only account for 43 Electoral Votes. Stanley Greenberg, a Democratic pollster points to the striking “continuity among the elections” since Trump emerged as a national political figure:

“We’ve now gone through 2016, ’18, ‘20 and ‘22 – and all looked pretty much alike….And it has locked in the coalitions.”

So we’re not only evenly divided, but we’re also deeply divided politically.

Looking at the Electoral College, the midterms offered some optimism to Democrats when 2024 comes around. The five states that decided the last presidential race did so by flipping from Trump in 2016 to Biden in 2020. Those five (Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin) moved more toward the Democrats in 2022.

The Dems won six of the eight Senate and governor races across these states, and Dems could notch a seventh victory if Sen. Raphael Warnock defeats Herschel Walker in a Georgia run-off next month.

But Republicans made Ohio, Iowa, and Florida Redder. Each now appears securely in the GOP’s column for 2024 (and most likely beyond). And the Dem’s perennial hope of turning Texas Blue still looks like it’s another 10 years away after Republican Gov. Greg Abbott’s double-digit victory against Beto O’Rourke. Republicans again won all of Texas’ statewide offices, continuing a Dem shutout that stretches back to the 1990s.

It appears that the offsetting and hardening partisan strengths of each Party could again give the power to decide the presidency to a few hundred thousand voters, in a very few close counties in a few very balanced states.

CNN’s Ron Brownstein says that a 2024 presidential race with just Wisconsin, Nevada, Georgia, and Arizona as true battlegrounds would probably begin with Democrats favored in states holding 260 Electoral College votes (including Washington, DC) and Republicans in states with 235. That means Democrats would need to win just one of Arizona (11 votes), Georgia (16), or Wisconsin (10) to reach an Electoral College majority. But that’s far from a certainty.

This division will make for tons of political stress over the next two years. Each Party understands that our nation’s future is now controlled by the choices of a tiny minority of people living in a few contested political districts: White-collar suburbs of Atlanta and Phoenix, working-class Latino neighborhoods in and around Las Vegas, and the mid-sized communities in Wisconsin’s so-called BOW counties (Brown County, Outagamie County and Winnebago County).

No GOP presidential candidate will concede Michigan or Pennsylvania just because of the midterm results. But the magnitude of those 2022 Democratic wins show how difficult it will be for a Republican nominee to take them in 2024 – particularly if the GOP candidate supports further restrictions on abortion.

It’s likely that Democrats will target North Carolina to expand their roster, while Republicans will target Minnesota and New Hampshire. But flipping any state will be difficult, depending upon candidate quality.

This shrinking list of competitive presidential states could increase political tensions for the next two years. Time to wake up America! Think about how your indifference to politics and to voting in our elections has put the country on a knife edge. The threat posed to America by the MAGA extremists remains very real.

It’s going to take tremendous effort in every single election until this dynamic shifts. And that could take a full generation. To help you wake up, watch “People Get Ready”, a Curtis Mayfield tune that foretold the turning tide in the battle for racial equality. It hit the top of the R&B charts after its original 1965 release by The Impressions.

It’s been covered by scores of artists, including Bob Dylan, Bruce Springsteen and here in 2009 by Rod Stewart and Jeff Beck at the El Rey Theater in Los Angeles. Beck’s reaction when Stewart comes on stage is priceless. Stewart served as vocalist for the Jeff Beck Group back in 1969:

Sample Lyrics:

People get ready
There’s a train a-coming
You don’t need no baggage
You just get on board
All you need is faith
To hear the diesels humming
Don’t need no ticket
You just thank the Lord

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Sunday Cartoon Blogging – November 13, 2022

While we were focusing on the midterms, Biden flew to Egypt to appear at the COP27 climate conference where he took a brief victory lap before heading to Cambodia and then to Bali for the G20 summit (which Putin is skipping).

This particular climate conference is largely focused on what, if anything, the industrialized countries owe to poor nations that are suffering climate disasters which they did little to cause. The catch phrase for this is “Climate Reparations”.

It’s hard for America to be a global leader on climate given our internal political issues. We’re always going to be just a few Electoral College votes away from electing a climate denier. So the world can’t count on us. But America will never pay climate reparations. We must at least TRY to get clean water in US cities first.

Even after 157 years, we won’t really consider paying reparations to the descendants of our fellow citizens for the sin of slavery. The political will to pay reparations to brown skinned folks on the other side of the world will never be a majority view in America.

There was both good news and bad news about the 2022 midterms. The good news is that the outcomes were not as catastrophic as predicted. The bad news is that they were bad enough. While all the races aren’t finished and all the votes aren’t counted, we know the Senate will be controlled by the Democrats. It’s likely that the GOP will control the House. Still, it’s very clear there’s a very large segment of American voters who fail to read the writing on the wall about the threat of an authoritarian takeover of American democracy. Even though that writing is in large, blinking neon letters. On to cartoons.

The authoritarians are pensive:

The incredibly shrinking authoritarians:

The Georgia runoff doesn’t mean what you think it means:

The MAGA celebration ended early:

MAGA is still with us:

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The Midterms Need Your Support

The Daily Escape:

Fort Hill, Eastham, Cape Cod, MA – October 2022 photo by Wrongo

Anyone else getting nervous about the midterms? As Wrongo has said, the avalanche of frantic email solicitations from Democrats can worry you even if you are by nature, an optimistic person.

Wrongo has recommended three Senate candidates as worthy of donations: Fetterman in PA, Kelly in AZ, and Warnock in GA. But there are other paths to retaining the Senate for Democrats.

Wrongo wants to add Rep. Tim Ryan (D-OH) to that list. He’s currently in a virtual tie with the execrable JD Vance to succeed the retiring Sen. Rob Portman (R-OH). But Trump won Ohio by 8 points in 2020. One issue for Ryan is that the Democratic campaign funding arms have not been very supportive of Ryan in his bid to help them retain the Senate. NBC has reported that the decision by Democrats to put money elsewhere reflected a judgment about which races they believed they were most likely to win.

But Ryan’s surprising showing thus far in Ohio indicates that those judgments may not have been correct. While Vance has raised about $46 million, principally from Mitch McConnell ($30 million and from authoritarian entrepreneur Peter Theil ($15 million), Ryan has relied on small donors to fund his campaign. Still, with four weeks to go, Ryan has a decent chance of pulling off an upset (assuming the polling is accurate). If Ryan wins, it almost certainly ensures that Democrats maintain their majority in the Senate.

ICYMI, on Monday, Ryan debated Vance. The consensus is that Ryan easily beat him. From Jennifer Rubin in the WaPo:

“Ryan’s performance should be mandatory viewing for Democratic contenders. They should pay attention to Ryan’s tone and demeanor. He repeatedly took down his opponent without appearing nasty. His tone was more incredulous (Can you believe this guy?) than angry. Ryan looks like a regular guy. He appeared totally at ease, often standing with one hand in his pocket.”

From Ryan in the debate: (parenthesis by Wrongo)

“We need leaders who have courage to take on their own party, and I’ve proven that, and he (Vance) was called an ass-kisser by the former president. Ohio needs an ass-kicker, not an ass-kisser.”

Ryan also challenged Vance’s support for police by reminding voters that Vance had contributed money to a defense fund for a Jan. 6th rioter.

Ryan’s being one point ahead with a month to go, and his shellacking of Vance in the debate should give Democrats some hope that he has a decent chance to pick up a Senate seat for Democrats in Ohio. So send him some dough at his direct site: https://timforoh.com/. Going direct means he won’t have to share a portion of your money with other candidates, which is what happens when you give to Vote Blue.

Wrongo stumbled across another idea (hat tip, Robert Hubbell) that you might consider using in an effort to get out the vote for the midterms. It’s called relational organizing, by which you reach out to your friends directly. Studies show texts from friends are 29 times more effective at bringing positive results than texts from strangers. And SwipeBlue is an app that helps you find all of the Democrats in your contact list by matching your phone contacts to the public voter files. It is secure, and since it doesn’t save the data, it also protects your privacy.

The app helps you divide your contacts into Blue and Red. The contacts that aren’t in either bucket can be coded Green. You can then text your Democratic friends with a call to vote by swiping the blue ­­- like Tinder for voting. The app then helps you to send them a customizable get out the vote text.

It can also help with registering them to vote, or to vote absentee.

This is critical since at least one current poll from the Morning Consult, shows that Democrats are flagging in voter enthusiasm. The chart below compares voter enthusiasm in 2018 with 2022. Democrats are lagging by 6 points over 2018:

Republicans are only one point lower than they were in 2022. While Independents are 6 points higher, there’s no reason to think that all of that increase will break toward the Dems. So texting your friends an encouraging message may be important.

This message while relaxing on Cape Cod is that we can’t relax. So open your wallets in races that are close and try texting a few friends.

Both could make a big difference.

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Are Americans Fatigued By Politics?

The Daily Escape:

Early fall, Andover, ME – October 2022 photo by Eric Storm Photo

A lethal combination for democracy in America may be that not only do we field very weak candidates who hardly know how government works, but Americans are also woefully ignorant about our government.

The Annenberg Public Policy Center released its annual Civics Knowledge Survey in September. It focuses on the public’s understanding of the US Constitution. Here are some of its 2022 findings:

  • Less than half (47%) of US adults could name all three branches of government (executive, legislative, judicial), down from 56% in 2021. Here’s a chart of their findings on the branches of government:

A quarter couldn’t name any branch!

When asked to name the protections specified in the First Amendment, the number of respondents who could identify them had declined:

  • Freedom of speech was cited by 63%, down from 74% in 2021.
  • Freedom of religion was named by 24%, down from 56% in 2021.
  • Freedom of the press was named by 20%, down from 50% in 2021.
  • Right of assembly was named by 16%, down from 30% in 2021.
  • Right to petition the government was named by 6%, down from 20% in 2021.

Note how dramatically these results have shifted in just one year.

Over half (51%) said (incorrectly) that Facebook is required to let all Americans express themselves freely on its platform under the First Amendment. The First Amendment applies to the government not to private companies.

Kathleen Hall Jamieson, director of the Annenberg Public Policy Center said:

“When it comes to civics, knowledge is power….It’s troubling that so few know what rights we’re guaranteed by the First Amendment. We are unlikely to cherish, protect, and exercise rights if we don’t know that we have them.”

The precipitous decline in the First Amendment responses has Wrongo questioning whether the survey was performed accurately.

Perhaps unsurprisingly, Annenberg found that having taken a high school civics class continues to be associated with correct answers to civics knowledge questions. In 2022, nearly two-thirds (65%) of respondents with at least some high school education said they had taken a civics course in high school that focused on the Constitution or judicial system, about the same as in previous years. More than a third of those with at least some college education (36%) said they had taken a college course that focused on the US system of government and the Constitution, significantly fewer than in 2021.

Yet, according to the Center for American Progress, only nine states and the District of Columbia require one year of US government or civics, while 30 states require a half year and the other 11 states have no civics requirement. This may explain why Americans are so weak on how their government operates.

Can we link Annenberg’s results about poor civic knowledge with this Gallup poll showing that Americans’ views of the two major US political parties remain more negative than positive? It also shows that the Republican Party’s favorability is now better than the Democratic Party’s:

The GOP’s favorable rating has edged up by four percentage points to 44%, while the Democratic Party’s rating slipped by the same amount, to 39%. With our political gridlock, along with high inflation and economic uncertainty, it’s understandable that neither Party gets high marks. But why did the Republicans’ position improve over last year? Is it that Biden’s poor ratings are dragging the Democratic Party down?

In October, 2021, Biden’s approval numbers stood at 45%. Today, he’s at 42.1%. That means he’s dropped 3 percentage points while the Party has dropped 4%. It definitely looks like he’s a drag on the whole Party. Since Annenberg tells us that only 47% of us can name all three branches of government, maybe we can conclude that Americans are getting their negative opinions about the two Parties from cable news.

Does anything explain the results of these two polls? Blog reader David P. offered a different view of Wrongo’s column on “Democracy Fatigue” in a comment. He says:

“Democracy Fatigue may be a misnomer. “Politics Fatigue” is closer to what I see around me and struggle to fight off in myself. The amount of money, airtime, phone messages, snail mail, etc. seems disproportional to discernible progress. News about scandal, verbal embarrassments and tactical mishaps outweighs discussion of policy alternatives or actual policy achievements.”

Has America just become too numbed by the news media “flooding the zone” with scare headlines about crisis after crisis to care much about something real – like the threat Republicans pose to our democracy?

Maybe our democracy is in peril not just because of poor civics knowledge. It’s always been a joke how badly people do when asked about the workings of government.

Maybe it’s that we’ve just tuned out. If so, goodbye democracy.

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Should Legislative Wins Have Dems Feeling Optimistic?

The Daily Escape:

Sunset, Colorado, NM, near Grand Junction, CO – July 2022 photo by David Shield

Robert Hubbell made a list of landmark legislation passed thus far during the Biden presidency so that we’d have it handy over the next few months leading to the mid-terms in November:

  • 03/11/2021 American Rescue Plan Act of 2021, a $1.9 trillion relief bill to address the continued impact of COVID-19 on the economy, public health, state and local governments, individuals, and businesses.
  • 11/15/2021 Infrastructure Investment and Jobs Act, a $1.2 trillion investment in “hard infrastructure” including roads and bridges.
  • 03/29/2022, Emmett Till Anti Lynching Act, 120 years after an anti-lynching bill was first introduced and which failed on nearly 200 prior occasions, Congress passed a bill designating lynching as a hate crime. Only three representatives—one each from Texas, Kentucky, and Georgia—voted against the bill.
  • 06/25/22 Bipartisan Safer Communities Act, extended background checks for gun purchasers under 21, funding for state red flag laws and other crisis intervention programs, and partial closure of the “boyfriend” loophole.
  • 07/29/2022 CHIPS and Science Act, the most significant research bill passed in a generation, including a $56 billion investment in American semiconductor production to incentivize companies to move chip production back into the US.
  • 08/02/2022, Honoring our PACT Act of 2022, expanded healthcare and other services for veterans who were exposed to toxic substances during military service.
  • 08/07/2022, Inflation Reduction Act of 2022, the largest climate investment in US history, also lowers prescription drug prices by giving Medicare the power to negotiate the prices of certain prescription drugs and extends expiring Obamacare health care subsidies for three years.

The scope of the issues addressed is significant: the pandemic and its economic fallout, highways, bridges, broadband, rail, manufacturing, science, semiconductors, prescription drug prices, health insurance, veterans’ health, climate change, deficit reduction and tax equity.

And they were passed within the constraints of a 50/50 Senate. Five of these laws, and all but the two biggies: the American Rescue Plan, and the IRA received Republican support. It’s pretty amazing that the Dems got this much.

So, whenever someone asserts that “Biden or the Democrats haven’t achieved anything” or that “Biden’s presidency has been a failure,” ask them to name as many significant pieces of legislation passed by Trump. Or, by Obama, Bush II, Clinton, Bush I, Reagan, Carter, Ford, or Nixon.

Only LBJ stacks up to the progress Biden has made so far.

But, it’s unclear how much this will help the Democrats in November. The Dems went into the 2010 midterms having passed Obamacare, a landmark piece of legislation, but they lost 60 seats and the leadership of the House. That was the biggest swing since 1948. Republicans also reduced the Democrats’ Senate majority.

So, as Wrongo stated yesterday, the political challenge for Democrats turns in large part to messaging —and targeting their message to the cohorts that make up the Democratic Party. Ruy Teixeira, a Democratic strategist affiliated with the American Enterprise Institute, wrote in the WSJ that Hispanics are no longer a sure cohort for the Democrats:

“It seems clear that Democrats seriously erred in 2020 by lumping Hispanics in with other “people of color,” assuming that they sympathized with the racial activism that dominated so much of the political scene that year. In reality, Hispanic voters are not a liberal voting bloc, especially on social issues.”

More:

“In a Pew postelection survey, just 20% described themselves as liberal, while 45% were moderate and 35% conservative. Surveys show that Hispanics are overwhelmingly an upwardly mobile and patriotic population whose main concerns are jobs, the economy, healthcare, effective schools, and public safety.”

Teixeira cites the polling firm Civiqs’ survey in late July that showed that just 12% of Hispanic working-class voters said their family’s financial situation had gotten better in the last year, while 50% said it had gotten worse.

In general, Hispanic voters cite inflation and the economy as by far their top issues for 2022. They could be a tough get for Dems who want to focus voter attention on abortion rights, their legislative achievements, and the Jan. 6 hearings.

How should Democrats message Hispanic voters?

We’re at an inflection point. All of the above happened because there were 50 Democratic Senators. It wouldn’t have happened with 49. It might have been bigger with 52 or more. Lose control of the House in November, and see Biden impeached.

These are things all Democrats should be reckoning with. Let’s leave the last words to Hubbell: (brackets by Wrongo)

“We have the policies, the positions, the values, and the candidates necessary to win. We need to….engage without fear or hesitation…..Let’s capitalize on the string of mistakes and “pulling back the curtain” moments that have revealed…[Republican] depravity as never before. We have every reason to be confident but no reason to be complacent!”

 

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Monday Wake Up Call, Inflation Reduction Act Edition – August 8, 2022

The Daily Escape:

Summer storm passes, Grand Teton NP, WY – August 2022 photo by Hilary Bralove

The Senate came into session at 12 pm Saturday, and after a full 24 hours, it paused the vote-a-rama on Sunday for a new prayer. Those are the Senate rules. Then the Senate promptly resumed its vote-a-rama, which ended about 3:15 pm on Sunday. From the WaPo:

“The Senate on Sunday approved a sweeping package to combat climate change, lower health-care costs, raise taxes on some billion-dollar corporations and reduce the federal deficit, as Democrats overcame months of political infighting to deliver the centerpiece to President Biden’s long-stalled economic agenda.”

While most of the Democrat’s reconciliation process proceeded according to plan, Senate Republicans successfully stripped a provision capping the price of insulin in the private marketplace from the Inflation Reduction Act (IRA) by a 57-43 vote, with seven Republicans (Cassidy, Collins, Hawley, Hyde Smith, Kennedy, Murkowski and Sullivan) voting to keep it in. But the seven GOP votes, plus all Democrats, weren’t enough to reach the 60-vote threshold necessary to pass.

The cap on insulin prices for only those on Medicare remained in the bill since it complied with the rules on reconciliation. Apparently, the Republicans think that if we give people handouts for having diabetes America’s just incentivizing people to get diabetes. Who wants that?

Democrats included a new tax on large companies that currently pay nothing to the US government and added about $80 billion for the Internal Revenue Service to pursue tax cheats. They also approved a 1% tax on companies that buy back their own stock, a practice that many see as detrimental to the economy, that benefits only wealthy shareholders and executives.

After the bill passed, Republicans were predictably outraged. The appropriately-named Sen. Mike Crapo (R-ID) said:

“It does nothing to bring the economy out of stagnation and recession. But rather, the Inflation Reduction Act of 2022 gives us higher taxes, more spending, higher prices — and an army of IRS agents…”

And it’s important to note that while Democrats don’t think that Sens. Manchin and Sinema are all that great, don’t forget that this watered down bill was opposed by EVERY SINGLE REPUBLICAN.

There is plenty to crow about in the IRA. Does it contain everything on the progressive wish list? No, but Dems should take the win and stop pissing and moaning about what couldn’t get by Manchin, Sinema and/or the Senate Parliamentarian, and sell the bill hard to the American people.

If Democrats want to deliver even more, they’ll need to improve their margin in the Senate, and hold the House in the November mid-terms.

It’s not enough for Democrats to wait for Republicans to shoot themselves in the foot this fall, even though some candidates can be counted upon to try hard to do just that. Democrats need to be shouting about their successes. Just yesterday, Trump said at CPAC: “You have not good job numbers now”, even though the just-published job numbers were awesome! That has to be countered at every opportunity.

This means a wall-to-wall, multi-pronged messaging campaign, reminding Americans every minute that Republicans can’t be trusted on the economy. And despite where inflation is today, we need to be saying that gas prices are down nearly $1.00/gallon in the last seven weeks.

Maybe John Stewart should become the Dem’s Minister of Information?

We need to say that most GOP candidates support the Big Lie and the impeached coup plotter, Trump. That they’re willing to eliminate the right to an abortion in America. On Friday, Indiana’s Republicans passed and Republican Governor Eric Holcomb immediately signed, a bill that prohibits nearly all abortions from the moment of gestation. Several Republican-controlled states will shortly pass similar laws.

People must, as Tom Sullivan says, “campaign like crazy“, while reminding all Americans that the Party of Lincoln no longer will deliver anything that ordinary people want.

Time to wake up America! We’re at war politically and ideologically with Republicans. The only way to win is to keep defeating them at local, state, and federal levels until they stop trying to force their radical ways on the rest of us. To help you wake up, watch, and listen to the interesting but short-lived group, 4 Non Blondes play their big hit from 1992, “What’s Up”:

Sample Lyric:

25 years and my life is still
Tryin’ to get up that great big hill of hope
For a destination

I realized quickly when I knew I should
That the world was made up of this brotherhood of man
For whatever that means

And so I cry sometimes when I’m lying in bed
Just to get it all out what’s in my head
And I, I am feeling a little peculiar

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