No Bump?

In the run-up to health care reform’s passage, many people (including yours truly) predicted that the president’s approval ratings would see a bump once the bill passed. Bill Clinton went out on a limb and forecast a 10-point bounce. And in the days immediately following passage, Obama’s approval ratings did seem to nudge up a little.

More than a week later, however, Obama’s approval ratings seem to have been little changed:

Democrats who held out hopes that President Barack Obama’s health reform win would mean a quick boost to the party’s political fortunes are getting a reality check — a reminder that it takes more than one good week to shake up a year of sliding polls.

Obama and his health reform plan did get a bump in several surveys immediately after the House vote eight days ago — but the numbers in some of those polls flattened out, showing how difficult it will be for Obama to capitalize on reform, even after his top legislative goal cleared Congress.

Even the bounce for the plan itself has proven evanescent. A USA Today/Gallup poll immediately after passage found 49 percent favoring it versus 40 percent against, an improvement from earlier polls. But the newest USA Today/Gallup poll now finds a 47-50 favor/oppose split. An aggregate of polls on health care finds little movement from the pre-passage days.

How to read the numbers? For one thing, it reveals just how divisive the health reform debate has been. After months of Republicans demonizing the plan as the next stage in Obama’s grand totalitarian scheme, it’s no surprise that a week-plus of good news cycles has done little to change public opinion.

But perhaps the more important lesson here is just how much the economy overrides everything right now. With the employment situation still dismal and the recovery yet to manifest itself on Main Street, the public mood is still understandably sour.

In a blog post yesterday, Charles Franklin repeated an observation he made earlier — that Obama’s public approval ratings, and the forces influencing it, track very closely with what we saw with Ronald Reagan:

The short version is both come in with inherited economic troubles that don’t turn around miraculously in the first 24 months. Both replace deeply unpopular predecessors, and suffer from high expectations in comparison. And both set out to dramatically change the direction of national policy. Reagan suffered substantial losses in the House in his first midterm (26 seats lost), and Obama looks headed to similar if not larger losses in 2010.

So how is the analogy holding up? In approval terms, still quite well. The two continue to track rather well. Obama has occasionally been slightly below and recently slightly above Reagan’s trend, but the parallel movement remains striking. Likewise, their relative location compared to other first term post-war presidents continues to drive home the point that these have been (so far) among the lowest approval ratings in the first 24 months.

One bright spot for Democrats is that the economy seems to be turning earlier for Obama than it did for Reagan. Even though unemployment has not yet begun its descent, the upward trend in GDP is a hopeful sign. (According to Franklin, GDP is “consistently a better predictor of midterm outcomes than is unemployment,” counterintuitive though that may seem.)

The other bright spot for Dems comes from a closer look at the polling numbers. Though the overall numbers have seen little improvement, Democratic enthusiasm seems to have been buoyed by health reform’s passage. In a midterm election, when traditionally low turnout puts even greater pressure on a party to bring its faithful to the polls, a depressed base would have been disastrous for Democrats. Obviously, the Republican rank-and-file will be fired up for November. But now, at least, the Democrats can make a fight of it with its own energized base.

Mitt’s “Problem” Redux

Back at the beginning of the year, I wrote a piece suggesting that putative 2012 Republican presidential front-runner Mitt Romney might have a hard time overcoming his sponsorship of a form of health care reform in Massachusetts that was impressively similar to that great socialist abomination, ObamaCare. This has now become a pretty common refrain in the early 2012 handicapping (viz. this Jonathan Martin-Ben Smith item in Politico yesterday), to the point where the estimable Marc Ambinder of The Atlantic posted a rebuttal to the Mitt-as-toast hypothesis yesterday.

Ambinder made four reasonable points about Romney’s potential viability regardless of RomneyCare. Let’s consider them in order:

(1) RomneyCare may look more successful by 2012. I don’t think the problem with RomneyCare is that it’s unpopular on unsuccessful in MA; it’s that it bears a lot of resemblence to ObamaCare, which is by definition, regardless of public opinion or objective reality, a horror to the kind of people who participate in Republican presidential primaries.

(2) Health care may not be a transcendent Republican issue by 2012 (just as the Iraq War began to recede once the 2008 Democratic contest reached its climax). Sure, other major issues of importance to Republican primary-goers may emerge, but until such time, if ever, health reform is repealed, there is virtually no chance that it will be forgotten by 2012 (and it can’t be repealed before then unless Republicans win every single Senate race this year and also win two-thirds of the House). If the Iraq War is a suitable analogy, as Ambinder suggests, I think it’s indisputable that Barack Obama would have never emerged as a viable presidential candidate in 2008 if Hillary Clinton hadn’t voted for the war resolution and then refused to say she made a mistake by doing so. Other issues mattered, but that was the big threshold issue. (One of my fellow Mitt-o-skeptics, Jonathan Chait, did a response to Ambinder today that mainly focuses on his own belief that RomneyCare will actually be a bigger issue for Republicans in the future than it is today.)

(3) The Republican nominating process is “hierarchical,” and especially favorable to establishment favorites like Romney. This is something you hear all the time, and it’s valid in the very limited sense that the rules for awarding delegates in Republican contests don’t demand strict proportionality, and thus help front-runners consolidate early victories. But in 2012, as in 2008, Mitt’s problem could be getting out of the gate, not finishing off the field. Recall that in Iowa in 2008, he couldn’t survive what was basically a one-on-one contest with Mike Huckabee, despite a vast financial advantage and endorsements from most of the local GOP establishment, and even though he was running as the “true conservative” in the race. None of Romney’s problems from 2008 (a wooden speaking style, a history of flip-flops on cultural issues, his religion, his history as a corporate downsizer) have gone away, and it’s very likely the Iowa Caucuses will be even more dominated by cultural conservatives than ever, given the huge importance of the gay marriage issue to conservatives in that state. Add in RomneyCare, and the odds look pretty bad; skipping Iowa like McCain did is a possibility, but would also give another candidate a good chance to become the early front-runner, going into two states (Michigan and New Hampshire) that Romney can’t lose and still have a prayer for the nomination.

(4) Romney is just too reasonable and accomplished a candidate to get knocked out by one issue. Maybe so, but as noted above, he has more than one problem, and as it happens, “one issue” — in fact, one utterance — knocked Mitt’s father, George, out of the 1968 presidential contest, and his resume was if anything stronger than his son’s. If I were a Republican, I’d actually be worried that Mitt’s sitting there soaking up attention endorsements, and poll numbers that could go to some attractive darkhorse candidate, leaving the GOP with a very weak field if he does go belly-up. And you don’t have to be a total Democratic partisan to observe that Republicans aren’t disposed at the moment to be completely rational about their choice of candidates: a recent PPP survey suggested that nearly as many rank-and-file Republicans think it’s more important to nominate a candidate who is “conservative on every issue” as those who think it’s more important to nominate someone “who can beat Barack Obama.”

In any event, will all due respect to Marc Ambinder (who may simply be playing devil’s advocate), I’d say the burden of persuasion should be on those who think Mitt Romney’s stronger than he was in 2008 than on those who think he’s in very deep trouble thanks to RomneyCare.

This item is cross-posted at The Democratic Strategist.

Photo credit: https://www.flickr.com/photos/newshour/ / CC BY-NC-ND 2.0

“Populist Crossfire”

Over the weekend Ron Brownstein wrote up the nightmare scenario for Democrats in terms of their appeal to white working class voters:

[P]olling just before the [health reform] bill’s approval showed that most white Americans believed that the legislation would primarily benefit the uninsured and the poor, not people like them. In a mid-March Gallup survey, 57 percent of white respondents said that the bill would make things better for the uninsured, and 52 percent said that it would improve conditions for low-income families. But only one-third of whites said that it would benefit the country overall — and just one-fifth said that it would help their own family….Obama has already been hurt by the perception, fanned by Republicans, that the principal beneficiaries of his efforts to repair the economy are the same interests that broke it: Wall Street, big banks, and the wealthy. The belief that Washington has transferred benefits up the income ladder is pervasive across society but especially pronounced among white voters with less than a college education, the group that most resisted Obama in 2008. Now health care could threaten Democrats from the opposite direction by stoking old fears, particularly among the white working class, that liberals are transferring income down the income ladder to the “less deserving.”

Brownstein calls this dynamic “an unusual populist crossfire.” The antidote, he suggests, might be two-fold: continuing to stress the benefits for the middle class, and to the country, of health reform, while spending more time reinforcing a Democratic message on the economy and the financial system that makes Republicans, not Democrats, defenders of Wall Street and the wealthy. The White House and congressional Democrats seem to be moving briskly on both those fronts, and how well they succeed could be fateful in November. At the same time, it wouldn’t hurt to make sure that perceptions (which Brownstein also documents) by poor and minority voters that health reform does in fact help them and help the country produce a greater willingness to vote this year than would normally be the case in a midterm election.

This item is cross-posted at The Democratic Strategist.

Primary Challenges, Ideology and Electability

Something interesting is going on in Arkansas Democratic politics right now: a serious primary challenge to an incumbent senator, Blanche Lincoln, who is not mired in any sort of personal scandal, and is not, it would seem, mispositioned ideologically for a general election in her conservative state.

As Steve Kornacki notes at Salon today, Lt. Gov. Bill Halter’s primary challenge to Lincoln is hard to categorize as simply an ideological challenge to a wayward politician who has offended the party base, or as simply an “electability” challenge to a weakened incumbent who looks likely to lose in November:

Generally, it’s easy to categorize these primary challenges. There are two basic varieties: ideological, with an exercised party base seeking retribution for an incumbent’s dissent from the party-line; and pragmatic, with party members responding to the perceived electoral deficiencies of the incumbent. And then there’s the Democratic Senate primary now underway in Arkansas, which seems to be a perfect hybrid of these two types. With the latest poll showing Blanche Lincoln’s challenger, Bill Halter, within 13 points of her, that primary – now just seven weeks away – has become the hottest Democratic contest in the nation.

Lincoln, who’s in the final year of her second term, has managed to pull off a somewhat remarkable feat, infuriating both the left-of-center base of her party and her state’s right-leaning general election audience at the same time. Thus, the challenge she’s receiving from Halter doesn’t neatly fit into either of the above categories.

Kornacki goes on to examine prior examples of ideological primary challenges, and finds little evidence of any that were also based on evidence of superior electibility (absent some non-ideological factor like a personal scandal affecting the incumbent’s political standing).

Now it should be obvious that Kornacki’s premise would not be accepted by a fair assortment of people in both parties. Among both self-identified progressives in the Democratic Party, and most especially self-identified conservatives in the Republican Party, many have argued for decades that “centrists” aren’t really more electable, and that rigorously ideological candidates could actually, if given the chance, exert a superior general-election appeal (via better “frames,” or clearer messages, or by mobilizing non-voters, or simply by providing a “choice”), even in difficult partisan terrain like the one Democrats face in Arkansas. There’s definitely evidence that this proposition is true at times and in places where there are significant numbers of voters who are “mispositioned” by adherence to parties with ideologies alien to their own (e.g., southern conservative Democrats in the 1980s and 1990s, and northern moderate-to-liberal Republicans more recently). A subset of the “electability” argument for ideological rigor is that Democratic progressives or conservative Republicans can and will offer messages that have particular appeal to swing voters in a given constituency. That’s also sometimes true, as with antiwar Democrats in times of unpopular wars, or with anti-tax Republicans in places where some state or local tax revolt is underway.

But the Halter challenge to Lincoln is emphatically not in a state where there are liberals outside the Democratic Party ripe for the picking, and there’s not much evidence that Arkansans are generally receptive to any particular progressive arguments, notwithstanding the ancient claim that southerners are especially receptive to anti-corporate “populism” (a complicated topic which I won’t get into here, other than to say that I personally think the claim is vastly overstated since southern conservatives are conservatives on nearly every imaginable topic, including economics).

Lincoln is, however, an incumbent senator at a time when incumbency is not an advantage, and that alone could make Halter as competitive as, if not more competitive than, Lincoln in a general election. And it’s not as though Halter is running as the re-incarnation of Huey Long. His anti-corporate rhetoric, in fact, is pretty much indistinguishable from what we hear from Tea Party folk, opposing bailouts rather than promoting regulation.

It appears Lincoln’s strategy (other than touting endorsements from relatively popular Democrats like Bill Clinton) is to use Halter’s challenge as evidence that she’s not the raging socialist that Republicans make her out to be. If it works, this playing-off-the-left message would presumably boost her general election standing, thus making it easier for her to appeal to Democrats on electability grounds. But she doesn’t have much time to pull this off, and if she doesn’t, she hasn’t instilled enough loyalty in Arkansas Democrats to give her much confidence in a primary win absent an electability argument.

Arkansas will thus be an interesting test of the limits of tolerance for Democratic heterodoxy in tough terrain. And if Halter wins the primary, his performance in the general election will be watched closely for its broader implications as well. The last widely-discussed Democratic primary challenge to an incumbent senator, the Ned Lamont candidacy in Connecticut in 2006, involved a totally different situation: a blue state, a more famous incumbent, a red-hot issue where Joe Lieberman was horribly mispositioned with local opinion, and most of all, a third-party Lieberman general election candidacy that Republicans largely supported. The results of a Halter nomination in Arkansas would be sui generis.

This item is cross-posted at The Democratic Strategist.

A Major Teachable Moment

The more I think about it, the fight over a Supreme Court nomination that we are likely to see begin in a month or so could be a major teachable moment for progressives about the underlying belief system of contemporary conservatives and of Republicans who have let themselves get radicalized to an extraordinary degreee since the latter stages of the 2008 presidential contest.

As we speak, conservatives all over the country are demanding legal action by states to challenge the constitutionality of health reform legislation (in my home state of Georgia, there’s even talk of impeaching the Democratic Attorney General, Thurbert Baker, for refusing to waste taxpayer dollars by launching a suit). Yet the basis for such suits — typically a denial of the power of Congress to legislate economic matters under the Commerce and Spending Clauses of the U.S. Constitution — is a collateral attack on the constitutionality of a vast array of past legislation, including the New Deal and Great Society initiatives, not to mention most civil rights laws.

And that questionable proposition is completely aside from other conservative efforts, many of them backed by major Republican officeholders, to “interpose” (to use the term for this strategy when it was deployed by segregationists in the 1950s) state sovereignty to block the implementation of health reform and other federal laws. And beyond that we have the even more radical nullification and secession gestures that have become standard features of conservative Republican rhetoric over the last year or so.

In other words, a debate that revolves around constitutional interpretation is not necessarily one that will help the conservative movement at this particular moment. Indeed, it could actually help progressives raise suspicions that Republicans are contemplating a very radical agenda if they return to power, one that could include (particularly given the stridency of their fiscal rhetoric lately) a direct assault on very popular programs like Social Security and Medicare.

Moreover, we can anticipate that a Court nomination fight will renew noisy efforts by the Christian Right, which has good reason right now to remind the news media and Republican politicians alike of its continuing power in the GOP, to advance its own eccentric views on America as a “Christian Nation” whose founders never intended to promote church-state separation, not to mention their demands for an overthrow of legalized abortion and same-sex unions. At a time when many conservatives are trying very hard to submerge divisive cultural issues and create a monomaniacal message on limited government, a Court fight will unleash cultural furies beyond control.

And finally, if it really gets vicious, a Court fight could cast a harsh spotlight on the drift of the conservative movement towards a general attitude of defiance towards the rule of law. As I noted in a post yesterday, the downside of the libertarian energy given conservatives by the Tea Party movement is its tendency to treat every major government institution, the presidency, the Congress, and the judiciary alike, with contempt as threats to liberty and “natural rights.” As much as Americans love liberty, they also love order and stability. They aren’t likely to react well to the spectacle of conservatives screaming for a virtual revolution against a popularly elected government, the social safety net, and constitutional doctrines that have been in place for 75 years.

So: bring on the Court fight, and bring it on with all the rhetoric Tea Party folk and other radicalized conservatives have been using about Obama’s “socialism” and the Nazi-like tyranny of universal health coverage! Before it’s over, Republicans may wish they had just picked a different fight.

This item is cross-posted at The Democratic Strategist.

Pas d’ennemis a Droit, Pas d’amis a Gauche

In mid-February most of the chattering classes, left and right, lost interest in Sarah Palin after an ABC/WaPo poll that showed rank-and-file Republicans souring on her, or at least concluding she wasn’t qualified to be president. (I personally suspect that poll was an outlier, but that’s a subject for another day, when fresh evidence is available).

But now, in the wake of her twin appearances at a Tea Party Express event in Nevada, and on the campaign trail with John McCain in Arizona, Palin has become impossible to ignore again, and there’s now an interesting effort underway among conservative elites to denounce any dissing of St. Joan of the Tundra from their own ranks.

Today neoconservative patriarch Norman Podheretz appeared on that estimable right-wing bulletin board, the Wall Street Journal editorial page, to smite unnamed conservative critics of Palin, utilizing the Big Bertha of latter-day Republican rhetoric, the memory of Ronald Reagan:

Now I knew Ronald Reagan, and Sarah Palin is no Ronald Reagan. Then again, the first time I met Reagan all he talked about was the money he had saved the taxpayers as governor of California by changing the size of the folders used for storing the state’s files. So nonplussed was I by the delight he showed at this great achievement that I came close to thinking that my friends were right and that I had made a mistake in supporting him. Ultimately, of course, we all wound up regarding him as a great man, but in 1979 none of us would have dreamed that this would be how we would feel only a few years later.

Podhoretz goes on to suggest that liberal contempt for Palin is of a piece with liberal contempt for Reagan, and thus should never be echoed on the Right. This is all interesting because it’s the neoconservative wing of the Republican Party — heavily focused on foreign policy, disproportionately led by people who are secular, Jewish, or both, and suspicious of the influence of the Christian Right and of right-wing “populism” generally — where disdain for Palin is most visible. Podhoretz is trying to rein that tendency in.

And it looks like his argument is already getting traction. In its “Arena” featurePolitico asked a bunch of prominent gabbers, most of them conservatives, to react to Podhoretz’s piece, and they generally said he was right (with the occasional condescending reference to Palin’s need for a little more seasoning).

This doesn’t mean that neoconservatives are on the brink of shouting “Run, Sarah, Run!” or emulating the adulation she arouses among Tea Party folk or Right-to-Lifers, but it does represent a disciplinary reminder that the conservative coalition can’t brook any friendly fire. Podhoretz cites William F. Buckley’s famous quip that he’d rather be governed by the first 2,000 names in the Boston phone book than by the faculties of Harvard and MIT, and implies that the prospect of being governed by Sarah Palin rather than Barack Obama represents an equivalent choice (certainly the most back-handed of compliments to Palin).

But the choice, he says, is clear and must be made:

[A]fter more than a year of seeing how [Obama’s] “prodigious oratorical and intellectual gifts” have worked themselves out in action, I remain more convinced than ever of the soundness of Buckley’s quip, in the spirit of which I hereby declare that I would rather be ruled by the Tea Party than by the Democratic Party, and I would rather have Sarah Palin sitting in the Oval Office than Barack Obama.

So on behalf of neoconservatives, Podhoretz is taking the coalition oath anew, and inverting the old Popular Front slogan of “Pas d’ennemis a gauche, pas d’amis a droit” (no enemies to the Left, no friends to the Right). That’s not terribly surprising in the current Total War atmosphere of American politics, but it’s amusing that Palin is being treated as the acid test of conservative solidarity, and perhaps alarming that she passes.

This item is cross-posted at The Democratic Strategist.

Governor Moonbeam Versus eMeg

It’s obvious that the Golden State isn’t golden anymore. As a new transplant here, the first state political event I watched up close was a May 2009 special election, featuring six ballot initiatives designed to avert a titanic budget crisis. California’s voters responded with what can best be described as snarling apathy. Turnout was 20 percent, which beat the previous California record for low turnout in a statewide election. The five initiatives that dealt with spending and revenue — which needed to pass in order to implement a major fiscal compromise — all went down, hard. (Most of them lost by two-to-one margins; a sixth initiative, denying legislators pay raises when the budget’s not balanced, passed.) Californians weren’t just experiencing a momentary fit of pique, either: In 2005, a similar package of eight budget deal-related ballot initiatives met the same fate.

As of March 21, the approval rating for Republican Governor Arnold Schwarzenegger stood at 23 percent, which was where his Democratic predecessor, Gray Davis, was when he was recalled and booted out of office in 2003. But that level of support looks robust compared to that of the state legislature (controlled, if that’s not too strong a word, by Democrats), which stands at nine percent, not far from statistical zero.

California’s bad case of political self-loathing goes beyond a terrible economy, the state’s chronic monstrous state budget deficits, and the endless gridlock over virtually all major decisions in Sacramento. On the structural level, California’s permissive ballot initiative system has inserted voters — or, to be cynical about it, the special interests backing initiatives — into matters normally left to governors and legislators, resulting in constitutional limits on property taxes; excessive reliance on recession-sensitive income taxes; a crippling two-thirds vote requirement for legislative enactment of a state budget or for increasing taxes at any level of government; and a variety of spending mandates. Polls consistently show that a majority of citizens oppose tax increases and most spending cuts (they do favor cutting spending on prisons, which are operating under court rules and stuffed with inmates who have run afoul of the state’s many mandatory sentencing laws, some imposed by initiative). “Waste” is where Californians seem to want lawmakers to look for the massive savings necessary to balance the budget. Too bad California already ranks near the bottom among states in per capita state employees and infrastructure investment, and below average in per-pupil spending on education.

The obvious question is why anyone would want to be the next governor of California. But three viable candidates — two Republicans and one Democrat — are defying logic by offering themselves for this post. One Republican, state insurance commissioner and former tech executive Steve Poizner, is running on a systematic right-wing platform of massive spending cuts, new personal and business tax cuts, and, for dessert, another effort to ban access to public benefits for undocumented workers and their families. The second GOP candidate, former eBay CEO Meg Whitman, is running far ahead of Poizner, floating her campaign on an extraordinary sea of early money. Three months before the June primary, and eight months before the general election, Whitman (or eMeg, as local political journalists often call her) has already spent $46 million, mostly from personal funds on her campaign, and has threatened to spend up to $150 million if necessary. She has launched an astoundingly early series of saturation media ads, becoming ubiquitous on the California airwaves, as recently explained by David Crane of the influential political blog Calbuzz:

The campaign’s Gross Rating Point report, measuring total delivery of the current week’s broadcast ad schedule in 11 markets in California, shows that eMeg’s buy is comparable to what a fully-loaded campaign might ordinarily deliver in the closing weeks of a heated race — not three months before a primary that she’s prohibitively leading.“These are some big f****n’ numbers,” said Bill Carrick, the veteran Democratic media consultant after reviewing the report. “She’s buying the whole shebang.”

Whitman’s ads mainly convey, with numbing repetition, her claim to offer a fresh start for the state, delivered by a rock-star business executive committed to cuts in spending, tax cuts, and education reform. But she recently launched another batch aimed at primary opponent Poizner — whom she leads in the most recent Field Poll by 49 points — depicting the hyper-conservative as, believe it or not, a liberal who thinks just like Nancy Pelosi. (Poizner is reportedly planning to fire back using $19 million of his own Silicon Valley fortune, which may force Whitman to tack in a conservative direction on issues that she’d just as soon avoid, such as immigration.)

These assaults have raised some old concerns about her reputation in corporate circles for being ruthless in the pursuit of her goals, and a bit deranged — exhibiting an “evil Meg” alongside the “good Meg” of her press clippings — if denied her wishes. She’s also bought herself grief by refusing, until very recently, to answer press questions or elaborate beyond the happy talk of her biographical ads about her positions on various issues. All in all, she’s in danger of earning the reputation of being something of a robo-pol like her political mentor, Mitt Romney.

Indeed, Whitman’s overall strategy appears to be to clear the primary field by bludgeoning Poizner out of the picture with attack ads, and then to run as a can-do moderate conservative who’s worth a gamble for the relatively few voters who bother to show up at the polls. And she is reportedly spending hundreds of thousands of dollars building a library of negative information to use against her general election opponent, a guy named Jerry Brown.

That’s right, Edmund Gerald “Jerry” Brown Jr., who is, on paper, the least likely person imaginable to become the frontrunner for governor of a state that is so passionately disillusioned with politicians. The son of an old-style liberal Democratic governor who served two terms before being bounced from office by Ronald Reagan, Brown was first elected to statewide office 40 — yes, 40 — years ago. After a term as secretary of state, he was governor for eight years, and later state party chair, mayor of Oakland and, currently, attorney general of California. He also ran unsuccessfully, and somewhat fecklessly, for the U.S. Senate once and for president three times (coming second to Bill Clinton in 1992). Not many Californians can remember a time when Brown or his father wasn’t in office or pursuing office, and most can remember more than one occasion when Brown Jr. did something quirky, embarrassing or controversial. Indeed, Whitman may be wasting her money reminding them.

But that’s the funny thing about Jerry Brown’s candidacy. Instead of being the fattest target in America for a Republican opponent, Brown is even with or slightly trailing Whitman in recent polls, despite her massive unopposed spending on TV ads — and, given California’s Democratic registration advantage, he’s a good bet to win unless the effectiveness of Whitman’s spending significantly outstrips the likely backlash against it.

You see, Jerry Brown is a tough challenger because he is hard to confine to the standard political and ideological boxes. His long political career may be a handicap in some respects, but it has also helped him defy typecasting and create unusual coalitions. Long an ally of Democratic liberals — in the 1990s, he had a show on the lefty Pacifica radio network — Brown governed California as a fiscal hawk in the wake of the property tax-slashing Proposition 13 (which he had opposed) in 1978. Similarly, as mayor of Oakland from 1999 to 2007, he became known for a strong law-enforcement record, and for his championship of charter public schools, including one controversial military school. He can be broadly characterized as a social liberal and fiscal conservative, which is a good fit for his state. But his leitmotif as a politician has always been unpredictability and a knack for anticipating and sometimes embodying the zeitgeist.

What’s more, his unique form of personal charisma makes him freakishly appropriate for the contemporary madness of California politics. For instance, here’s a characteristic snippet from an interview that Brown conducted with the New York Times, just after he was elected attorney general in 2006:

Over the years, you have moved from being a fabled liberal to a centrist position.

I don’t know. I don’t use that spatial metaphor.

Then how would you describe yourself politically?

I’m very independent. There’s a great line from Friedrich Nietzsche: A thinking man can never be a party man.

Charming. Yet, despite his willingness to name-check Nietzsche, Jerry Brown prefers the idea that politicians should tamp down their own passions, in a way the philosopher might have abhorred. He seriously studied Zen Buddhism in the 1980s, underwent training for the Jesuit priesthood and worked with Mother Teresa in Calcutta. Not surprisingly, he conveys a certain aura of ironic detachment and self-control.

Indeed, over four decades of engagement in public life, Jerry Brown has developed a remarkable knack for displaying a sense of his own — and government’s — limits. He began his gubernatorial first term in 1975 with an off-the-cuff “address” that ran seven minutes; replaced the traditional inaugural ball with an informal dinner at a Chinese restaurant; traded in his gubernatorial limo for a 1974 Plymouth from the state car pool; rented a small apartment instead of living in the governor’s mansion; and reportedly slept on a mattress on the floor. (As governor, Brown was far more fiscally conservative than his predecessor, Ronald Reagan, who raised taxes and spending several times. His austerity, which created vast budget surpluses, prompted one Reagan aide to joke that the Gipper “thinks Jerry Brown has gone too far to the right.”) Appropriately, one of Brown’s publicly identified gurus was Small Is Beautiful author E.F. Schumacher, and he once described his governing style, using a strikingly Zen phrase, as “creative inaction.” That could be very handy if he gets the job he is running for, where limits have been placed on virtually everything a governor can do, and it also provides a strong contrast to Whitman, whose campaign screams hubris.

Short of having their own grossly rich and relentless attack dog in the race, Democrats are probably blessed to have Brown, who can be expected to shrug off Whitman’s certain assault on his record and land a few coolly delivered blows of his own. He’s already reminding voters that California hasn’t had a particularly good recent experience with “outsider” governors promising to come in and clean up Sacramento by sheer force of will. And, without a doubt, Whitman’s campaign will bring back bad memories of another California candidate who boasted of vast executive experience and spent money like water on unconscionable attack ads: Al Checchi, whose over-the-top 1998 campaign eventually elevated the most boring candidate in the field, Gray Davis, to the governorship.

Meanwhile, Brown will have the luxury of leaving the anti-Whitman dirty work to surrogates and supporters who are planning a half-million ad assault on the Republican. And it’s not exactly a bad time to run as something of an anti-corporate populist, as Brown is doing, talking up “the people who work for the people, the firefighters, the nurses, the hospital workers, the janitors.” I don’t have to spell out which billionaire CEO-politician might be caught in that rhetorical net.

And Brown’s other ace in the hole could well be the Latino vote. Dating back to his close association with pioneer farm-labor organizer Cesar Chavez — who backed Brown’s 1974 candidacy in hopes of finding a political solution to the United Farm Workers’ problems — Brown has longstanding ties to California’s Latino community. Even in polls showing Whitman in the lead, he is beating her badly among Latinos. If Poizner gains traction in the primary, she will be under heavy pressure to move closer to his harsh positions on denying state aid to undocumented workers. And it hasn’t escaped notice that one of Whitman’s closest advisors is former governor Pete Wilson, whose sponsorship of the anti-immigrant Proposition 187 back in 1994 decisively alienated Latino voters from the GOP and materially contributed to the state’s current Democratic majority.

It’s a long time until November. The Brown-Whitman tilt will have to share media attention and airtime with a Republican challenge to Sen. Barbara Boxer and, before that, with a close and entertaining Senate primary battle between Carly Fiorina and Tom Campbell. At the state GOP convention two weeks ago, Fiorina, like Whitman an “outsider” business executive, was the star of the show. Her quirky web ads going after Campbell (the “demon sheep” ad, already a cult classic) and Boxer (a new ad unveiled at the GOP gathering that showed the senator morphing into a hot-air balloon) are as imaginative and attention-grabbing as Whitman’s TV spots are shrill and heavy-handed. The high point of Meg’s appearance was a press conference where she finally answered press questions. Her leaden convention speech and an over-produced Mitt Romney endorsement provided a glimpse of how poorly her act could wear on Californians over the long haul.

And it’s not as though Jerry Brown is likely to present Whitman with an unmoving target. As protean as California itself and as wily as any other 40-year veteran of political wars, Brown nicely defined himself in an interview with Calbuzz just after officially announcing his candidacy: “Adaptation is the essence of evolution,” he explained. “And those who don’t adapt go extinct.”

Indeed, such adaptivity may be the only thing that can serve California’s needs right now. With the state no longer in its political golden age, the harsh reality of running — and governing — in a place with such baleful political realities will require a truly kaleidescopic ability to make the best of a hostile environment. And, in a contest with a Republican who seems determined to prove that she and her checkbook can win it her way or no way, I wouldn’t place any bets against Jerry Brown becoming California’s right-man-in-the-right-place, one last time.

This item is cross-posted at The Democratic Strategist.

Pre-Election Court Fight?

Congress wrapped up action on health reform with considerable dispatch in the wee hours last night. It’s generally assumed that financial regulation will be the next big issue, and one that many Democrats will relish given the likelihood that the stiff winds of public opinion will be at their backs for a change.

But it appears a very different fight may be thrust upon them pretty soon, with reports that Supreme Court Justice John Paul Stevens may retire as early as next month (when he turns 90). If that’s the case, a confirmation fight will inevitably coincide with the runup to the November elections.

Now Stevens (though appointed by Republican president Gerald Ford) is considered one of the Court’s staunchest liberals, so the confirmation process normally wouldn’t touch off the sort of frenzy on the Right you’d see if Obama were in a position to replace a conservative. But given the timing–not just the proximity to the midterms, but to the health care battle–none of that may matter. You can certainly expect the Tea Party movement and its Republican allies to use a Court fight to dramatize their claims that the Constitution is being shredded. And it’s particularly likely that the Christian Right (important to both the Tea Party movement and the GOP, but not very visible in the news media) would use the opportunity to remind everyone they’re still around, loud and proud.

The New York Times story on the probable Stevens retirement runs through the most prominent candidate for the next Court opening, with Cass Sunstein and Harold Koh the possibilities most likely to set off a major ideological war, though the odds of either getting the nod are slim.

Given the current environment, though, the president would probably have a big fight on his hands even if he appointed a card-carrying member of the Federalist Society to the Court. After health reform, virtually anything he does will by definition be treated by much of the Right as part of his nefarious plot to turn America into Sweden, if not Venezuela. So get ready for a major rumble.

This item is cross-posted at The Democratic Strategist.

Frum Flung from Fox-Run GOP

I’m not a political strategy guy. The only time I ever ran for office (class president, sixth grade) I came in third. But I was surprised at some of the response I got from my piece highlighting some legitimate concerns about health care raised by former Bush speechwriter David Frum. A liberal buddy responded to my suggestion that we follow the president’s vision of bipartisanship and work with Republicans when they seem to be making a good-faith effort to improve policy with a “Were you just trolling?” But I wasn’t — not only is it good policy, it’s good political strategy.

Yesterday afternoon, neoconservative bastion American Enterprise Institute showed Frum the door for his critiques of Republican strategy. Frum is no moderate, and it is a sign of how far the Republican Party has moved to the right that the guy who coined the phrase “Axis of Evil” gets defenestrated for not being tough enough. Or — more likely — for being too tough on the real power source of the conservative movement: Rush Limbaugh, Fox News and what Frum called the “conservative entertainment industry.

But this is an encouraging sign for progressive causes and the Democratic Party. As long as the conservative movement is dominated by Tea Party orthodoxy and spin-job martinets disciplining wonks and the rank-and file, it will continue to shrink its tent. The president’s willingness to sit down and negotiate with reasonable interlocutors across the aisle provides an instructive contrast. On the other side, bipartisan cooperation is verboten and heretics are cast out from the party. On our side, the president sets the tone by continuing to preach bipartisanship. Which of those approaches will play well with independents?

In much the same way as the Obama’s “open hand before the closed fist” foreign policy — an approach that has gotten Europe to line up with us against Iran and is likely soon to achieve a new START Treaty — has been more successful than W’s “with us or against us” cowboy ideology, so will a continued willingness to listen to constructive critiques provide better policy and better political results than refusing to listen to the opposition.

Delegitimizing Authority

As James Vega pointed out in a post last night, threats or even acts of violence by right-wing fringe groups are entirely predictable — and even rational from the point of view of their perpetrators — in an atmosphere where even “respectable” conservatives often indulge themselves in charges that the country is sliding into some sort of totalitarian system.

I’d add that the problem goes even deeper than overheated rhetoric about the alleged “government takeover” of the health care system or the economy, or claims that an individual mandate to purchase health insurance (which, as progressives should mention as often as possible, has been supported in the very recent past by a large number of Republicans, among them 2012 presidential front-runner Mitt Romney) represents some sort of enslavement. More fundamentally, conservatives have sought to delegitimize the authority of the president and Democratic majorities in Congress by suggesting that they were not properly elected in the first place. That’s the obvious thrust of the “birther” argument, which Republicans continue to flirt with. And it’s the even more obvious implication of the “ACORN stole the 2008 election” meme, to which a significant share of rank-and-file Republicans appear to subscribe.

Moreover, the massive upsurge of militant constitutional “originalism” (a signature principle of the Tea Party Movement) is a new and alarming development, insofar as it implies that generations of Supreme Court rulings, by justices nominated by presidents of both parties, have consciously conspired to destroy the Founders’ design along with basic American liberties. To put it another way, if significant numbers of citizens come to believe that elected officials aren’t legitimately holding power, and that the justice system has failed to exercise any restraints on “tyranny,” what forms of civil authority are left? The armed forces? “Militias” exercising their Second Amendment rights to bear arms in self-defense?

Back in 1996, an obscure but significant dispute broke out among conservative intellectuals in the pages of First Things, a conservative ecumenical politics-and-religion journal edited by the late Rev. Richard John Neuhaus. To make a long (and controversial) story short, a number of Neuhaus’ colleagues argued that the “judicial usurpation” of democratic decisionmaking over abortion and same-sex relationships denied “the current regime” any genuine authority, or any loyalty from citizens. A number of other conservative intellectuals — many of them Jewish members of the “neoconservative” camp — recoiled in horror at this potentially revolutionary line of reasoning.

We’ve come a long way since then, it appears. Now similar arguments, aimed at all three branches of the federal government, are endemic on the Right, and have, for the first time since southern resistance to civil rights for African-Americans, a mass base in the population.

Thoughtful conservatives need to reflect on this development, and its implications, which go far beyond who wins or loses in 2010 and 2012. We are edging ever closer to the situation described by George Dangerfield in his famous study of pre-World War I British politics, The Strange Death of Liberal England, when Tory politicians opportunistically embraced revolutionary rhetoric against Home Rule for Ireland and nearly brought the United Kingdom to the brink of civil war.

It’s a trend that no American of any political persuasion should welcome.

This item is cross-posted at The Democratic Strategist.

Photo credit: https://www.flickr.com/photos/hadesigns/ / CC BY-NC-ND 2.0

Meg’s Spendathon

You may have heard that Republican Meg Whitman held a narrow lead over Democrat Jerry Brown in the latest Field Poll on the California’s governor’s race. But this week’s state reports on the spending of the candidates puts that in a better perspective.

EMeg (as the former eBay exec is often called) has spent a total of $46 million — most of it from her own fortune — on her gubernatorial bid so far, shattering every California spending record, months before the June primary and long before the November general election. Brown has spent a bit over $700,000, giving Whitman more than a 60-1 financial advantage. To put it another way, Whitman has already spent about as much as her political mentor, Mitt Romney, spent on his entire 2008 presidential campaign.

The fine Golden State political blog, Calbuzz, compared the Whitman and Brown spending records this way:

Our Division of Green Eye Shades and #2 Pencils calculates that if you take what Whitman has spent on private aircraft ($371,000), bookkeeping ($466,000) and catering ($113,000), it’s more than Jerry Brown has spent altogether ($716,000). The most catering cash –$67,800 – appears to have gone to Christopher’s Catering for a bunch of events, but our favorite is last May’s $10,962.69 paid to Wolfgang Puck for one event.

The bigger issue, of course, is that Whitman has been running saturation TV ads all across California, beginning with the Olympics, when she was far more ubiquitous than Apollo Ohno or Shaun White, and hasn’t let up since then (though she has recently shifted from a positive bio ad to attacks on conservative Republican rival Steve Poizner).

Whitman’s spending isn’t likely to slow down. Poizner has just launched his own ad blitz, and reportedly has $19 million stashed away for that purpose, and Meg has said she’s willing to spend $150 million on her own campaign before it’s all over.

Jerry Brown won’t be cash-strapped; he’s got $14 million in cash on hand, most of it raised before he even announced as a candidate, and will benefit from an estimated $40 million in independent expenditures by unions and other progressive groups.

It’s actually good news for Democrats that he’s basically even with Whitman after she’s spent like a waterfall and he’s spent like a bathtub trickle.

This item is cross-posted at The Democratic Strategist.

Tea Party: Still the Republican Right

Back on February 12, a CNN/New York Times poll gave us our first good look at the Tea Party Movement, and it didn’t confirm the media stereotype of angry average citizens who were somewhere in the “middle” on issues and equally disdained the two parties. Instead it showed the Tea Party folk to be, basically, very conservative Republicans determined to pressure the GOP to move to the right or suffer the consequences — in other words, a radicalized GOP base.

new poll from Quinnipiac confirms that impression, and it’s really getting to the point where any other interpretation of the Tea Party Movement is probably spin (e.g., among Tea Party leaders who want to maintain their leverage over Republicans by pretending to be more independent than they actually are).

The alternative explanation has been that the Tea Partiers represent independent voters who are fed up with government and will join with Republicans to create a stable majority in this “center-right nation” if and only if Republicans stop talking about cultural issues and focus on lower taxes, smaller government and the economy. Nothing in the Quinnipiac poll supports that proposition. On question after question, self-identified Tea Partiers (13 percent of the total sample) are much closer in their views to self-identified Republicans than to self-identified independents. Most notably, the approval/disapproval rating for the Republican Party is 60/20 among Tea Partiers and 28/42 among indies. Among those voting in 2008, Tea Partiers went for McCain by a margin of 77/15; indies split down the middle (going for McCain 46/42). Tea Partiers have a favorable view of Sarah Palin by a 72/14 margin (significantly higher than among Republicans), while indies have an unfavorable view of her by a 49/34 margin. Tea Partiers self-identify as Republicans or Republican-leaners by a 74/16 margin. These are not the same people by any stretch of the imagination.

The poll doesn’t ask enough questions to get at the details of Tea Party ideology, but it also doesn’t supply any ammunition to the common perception that Tea Partiers are libertarians at heart, and/or that they are displacing the Christian Right within the conservative coalition. Actually, 21 percent of self-identified white “born-again” evangelicals consider themselves part of the Tea Party movement, well above the 13 percent figure for all voters. And the the two categories of voters share a rare positive attachment to Sarah Palin (white “born-agains” approve of her by a 55/29 margin, Tea Partiers by a 72/14 margin).

At some point, the more questionable assumptions that pundits are making about the Tea Folk — they are right-trending independents, they are hostile to the Christian Right — need to yield to empirical evidence. Now would be a good time to start.

This item is cross-posted at The Democratic Strategist.

The Capricious CW

Amazing what a little history-making legislation can do for your image. As others have already pointed out, the media narrative of the Obama presidency has undergone a wholesale revision in the wake of the House’s passage of health care reform legislation. Gone are the accounts of a flailing presidency and a Democratic Party headed for doom in November. In their place are breathless stories about an administration pulled back from the brink, and a presidency on its way to becoming one of the most consequential in the nation’s history.

It’s far too early to make a judgment of Obama’s legacy, of course. But the stories of triumphant Democrats are all too real and affirm what those who’ve been advocating for reform have been saying: winning does a party good. November may still look ugly for Democrats – historically, the out party has gained seats in a new president’s first midterm election – but passing their top domestic priority will rally the base and give them a fighting chance to keep losses to a minimum.

More than firing up a disillusioned base for the election, the passage of health reform also gives the American public an image of a triumphant Democratic Party. And if there’s one thing Americans like, it’s winners. Before the passage of health care reform, polls showed a majority viewing it unfavorably. In the wake of Sunday’s historic win – and, no less important, headline after headline about that historic win – the first Gallup poll to come out on health care now has the numbers flipped: 49 percent now call reform a “good thing,” versus 40 percent saying it was a “bad thing.” As the president is poised to go on the road to do some more barnstorming for the plan, expect those numbers to inch up some more.

One of the healthiest effects health care’s passage will have on Democrats politically is that it will likely give President Obama’s approval rating a boost. According to Nate Silver’s analysis, the correlation between a president’s approval rating prior to the midterms and his party’s performance at the polls is actually very strong. Today, President Obama’s approval-disapproval rating on Gallup’s daily tracking poll sits at 51 percent-43 percent; just a few days ago, it was at 46 percent-47 percent.

It’s early yet, of course, and capricious as the CW machine is, the narrative could change at any time. The bounce may prove to be evanescent. But compared to where the Democrats were before Sunday, it’s fair to say that health care reform was not just good policy but good politics as well.

Bipartisanship Is Dead – Long Live Bipartisanship!

Republicans have been gnashing their teeth and rending their garments, lamenting the landmark passage of health care reform late Sunday night. The Tea Party wing of the party has been vowing that this isn’t the end of the fight over healthcare — it’s just the beginning.

While House Minority Leader John Boehner’s response to the health care bill (not least its tax hike on tanning salons) has been a “hell no,” the more pragmatic thinkers on the other side of the aisle have been bemoaning the GOP’s Waterloo. David “Axis of Evil” Frum, who coined the “Waterloo” phrase, has laid out some constructive responses Republicans can take up on health care — and he’s making more sense than most in the party of Lincoln.

Frum outlines four ideas that Republicans should get behind:

1) One of the worst things about the Democrats’ plan is the method of financing: an increase in tax on high-income earners. At first that tax bites only a very small number, but the new taxes will surely be applied to larger and larger portions of the American population over time.

Republicans champion lower taxes and faster economic growth. We need to start thinking now about how to get rid of these new taxes on work, saving and investment — if necessary by finding other sources of revenue, including carbon taxes.

2) We should quit defending employment-based health care. The leading Republican spokesman in the House on these issues, Rep. Paul Ryan, repeatedly complained during floor debate that the Obama plan would “dump” people out of employer-provided care into the exchanges. He said that as if it were a bad thing.

Yet free-market economists from Milton Friedman onward have identified employer-provided care as the original sin of American health care. Employers choose different policies for employees than those employees would choose for themselves. The cost is concealed.

Wages are depressed without employees understanding why. The day when every employee in America gets his or her insurance through an exchange will be a good day for market economics. It’s true that the exchanges are subsidized. So is employer-provided care, to the tune of almost $200 billion a year.

3) We should call for reducing regulation of the policies sold inside the health care exchanges. The Democrats’ plans require every policy sold within the exchanges to meet certain strict conditions.

American workers will lose the option of buying more basic but cheaper plans. It will be as if the only cable packages available were those that include all the premium channels. No bargains in that case. Republicans should press for more scope for insurers to cut prices if they think they can offer an attractive product that way.

4) The Democratic plan requires businesses with payrolls more than $500,000 to buy health insurance for their workers or face fines of $2,000 per worker. Could there be a worse time to heap this new mandate on smaller employers? Health insurance comes out of employee wages, plain and simple. Employers who do not offer health insurance must compete for labor against those who do — and presumably pay equivalent wages for equivalent work.

The first point is red-meat, tax-cutting rhetoric for the Republican base – not much to see there.

The third point is very broad, but middle ground could be easily reached. Everyone is against “over-regulation” but everyone is for “consumer protection.” Finding the middle ground to give patients the best set of alternatives should be a key goal as the regulations of health-exchanges are spelled out.

The fourth and final point, while a good-faith effort to protect engines of job creation from additional burden, misrepresents the small business coverage of the health care reform bill. The small business provisions of the bill exempt companies with less than 50 employees. The only way Frum’s payroll figure would make sense is if each employee was being paid $10,000 a year. At that point they’re eligible for health care subsidies of almost $50,000 for a family of four.

But it’s Frum’s second point that progressives should consider. Employer-based health care has been a long-term roadblock to innovation and job creation. (The whole story can be heard here.) Moving from a system where insurers try to sell packages to employer HR departments to one where patients can make choices themselves on the exchanges envisioned in Sunday’s historic bill can save up to 40 percent of what we’re spending on health care. But many of us getting health care through our employers don’t have the option to look to the exchanges. (The Washington Post has a handy tool you can use to see what your health care options will be come 2014.)

We should take sensible Republicans like Frum at their word and look to give more people the opportunity to embrace the benefits of choice that will be brought around by health exchanges. Maybe by getting behind an idea like the Wyden proposal we can get Republicans like Frum to embrace the president’s vision of working in a bipartisan manner.

Photo credit: https://www.flickr.com/photos/urbanmixer/ / CC BY-NC 2.0

Explaining the Democratic “No” Votes

Amidst the understandable relief among Democrats at the passage of health care reform by the House, there’s been relatively little talk about the Democrats who still voted “no.” But 34 of them did, and fortunately, Nate Silver of 538.com took a close look at factors that might have explained the residual defections.

Nate concludes that Obama’s 2008 share of the vote in each members’ district, their general ideology, and their views on abortion, were the variables most highly correlated with a “no” vote. Variables that didn’t make as much difference include the competitiveness of the members’ own races, the number of uninsured in their districts and campaign contributions by insurance industry lobbyists.

It’s not that surprising that all 12 House Democrats representing districts where Obama won less than 40 percent of the vote in 2008 voted “no,” or that 61 of the 63 representing districts where Obama won over 60 percent voted “yea.” But 13 of the 30 from districts where Obama won more than 40 percent but less than a majority voted “no.”

Despite Bart Stupak’s decision to support the bill at the last minute, it’s significant that 24 of the 34 “no” votes in the House were members who voted for the original Stupak Amendment. Putting it another way, supporters of the Stupak Amendment split 37-24 in favor of the bill, while opponents split 182-10.

Ideologically, Nate uses the Poole-Rosenthal system to break down Democrats, and shows that “roughly the 110 most liberal Democrats voted for the health care bill.” That’s pretty amazing when you consider the unhappiness over the bill expressed by so many self-conscious progressives once the public option dropped out. Those categorized as “mainline Democrats” in the Poole-Rosenthal typology went for the bill 48-2, and “mainline-moderates” voted for it 44-7. In the most rightward category — “moderate-conservative” — members split right down the middle, 25-25.

All the other variables don’t quite have the salience of Obama vote share, ideology or abortion position. That should be at least mildly comforting to those Democrats who feared that pure political self-protection or insurance industry money were the major motivating factors for those voting “no.” And it’s very clear that the Democratic Left’s decision to support the bill despite concerns over its composition was absolutely crucial.

This item is cross-posted at The Democratic Strategist.

The (Republican) Constitutional Challenge To Health Reform

Yesterday, we learned that a coalition of State Attorneys General — 12 so far — plan to launch a constitutional challenge to the just-passed-but-not-yet-signed Senate health reform bill on grounds that imposing an individual mandate to buy health insurance is not justified by the powers Congress enjoys under the Commerce Clause of the U.S. Constitution.

Interestingly enough, the media reports I’ve seen on this story do not mention that 11 of the 12 AGs in question are Republicans. The one Democrat, Drew Edmondson of Oklahoma, is running for governor in this very conservative state.

For what it’s worth, few constitutional experts find any merit for a Commerce Clause challenge to health reform. But the proposed suit is probably part of a longstanding conservative legal effort to slowly chip away at the expansive view of the Commerce Clause, which has been the basis for a variety of important congressional actions, including the Civil Rights Act.

While the challenge is unlikely to get anywhere, it is worth remembering that there wasn’t much if any precedent for the decision in Bush v. Gore, either.

This item is cross-posted at The Democratic Strategist.