Tag Archives: election

Tweets With Filing Fees

The Trump Campaign is filing a veritable blizzard of lawsuits in an effort to cling to power–or at least, convince Trump’s base that the election has been “stolen” from him. As one observer has characterized those lawsuits, 

Trump is dealing with state election officials the same way he deals with contractors he’s stiffed. Just scream BS accusations at them and sue the hell out of them and hope they relent. It’s not gonna work in this context [of state election law].

As a number of legal observers have pointed out, there is no discernible legal strategy to these suits, which range from fabricated to weird to just plain silly, as a description of one such suit illustrates:

The campaign alleged that a poll watcher saw 53 ballots separated out from a bin of other ballots and so that must have meant that they weren’t delivered on time to be counted by 7 PM Tuesday. But asked if he had any evidence—at all—that they weren’t delivered on time, he said he didn’t know. The campaign put up another poll watcher who said he had “questions” about the chain of custody of those 53 ballots. Did he have any evidence they arrived late? Nope. An elections official then testifiedthat those 53 ballots “were, in fact, received by GA’s Election Day deadline, saying they were handled separately because they didn’t show up on a manifest of absentee voters so they had to be checked.” And the case was dismissed after having wasted a lot of people’s time, including an election official in a state that right now has both a presidential and Senate race down to the wire.

ProPublica had a similar take–and also, the best comment on the “strategy.”

“A lawsuit without provable facts showing a statutory or constitutional violation is just a tweet with a filing fee,” said Justin Levitt, a professor at Loyola Law School in Los Angeles.

Levitt said judges by and large have ignored the noise of the race and the bluster of President Donald Trump’s Twitter feed. “They’ve actually demanded facts and haven’t been ruling on all-caps claims of fraud or suppression,” Levitt said. “They haven’t confused public relations with the predicate for litigation, and I would expect that to continue.”

One of my Facebook friends–a former reporter (from back in the days when our local pretend-newspaper had such things)–posted a really good summary as the counting continued on Friday morning:

Trump supporters and other Republicans, this is the time to show exactly how patriotic you are.

If the vote counting trends continue, Trump is going to lose.

There has been no real evidence of fraud. In fact, the same ballots with Biden votes showed votes for other Republicans down the ballot, for the House and Senate, where the GOP made gains. Republicans have watched every count. Republicans lead many of the vote counting operations and the states with close votes.
Evidence matters. And there’s none to indicate fraud. If some turns up, the courts will sort it out.

In the end, you have to accept the results as the will of the people. It’s democracy working. You don’t have to like the outcome. You can bitch and moan and complain about Biden for the next four years. That’s what I’ve been doing the last four. That, too, is democracy.

But a peaceful transition is one of the great hallmarks of our country. If we can’t do that, we’re nothing better than a banana republic.

Patriotism isn’t just about the Pledge of Allegiance or the national anthem. Patriotism isn’t just flag waving in the sun. It’s also about accepting that, in a democracy, sometimes the other side wins.

My only quibble with this excellent comment is that we really aren’t a democracy. Hillary Clinton won the 2016 popular vote by just under 3 million votes; as I type this, Joe Biden has garnered over four million more votes than Trump. In order to be a democracy or a democratic Republic, we really, really need to get rid of the Electoral College.

Comments

The Crowding-Out Effect

Tomorrow is the most important Election Day in my lifetime. Among other things, the results will tell me whether my longtime faith in the common sense and goodwill of my fellow Americans has been justified or misplaced.

Hopefully, after tomorrow, this blog can return to discussions of rational, albeit debatable, policy proposals, commentary on interesting research results, and occasional forays into legal disputes and political philosophy. Hopefully too, we will have occasion to use a phrase introduced by Gerald Ford: “our long national nightmare is over.”

One aspect of that “long national nightmare,” of course, is the incredible amount of destruction it will leave in its wake–regulations that must be reinstated, laws that must once again be enforced, corrupt people who must be held accountable, and a return to public health directed by medical scientists rather than politicians, among many other things.

The opposite of “nightmare” is a good night’s sleep, and if all goes well, we can once again look forward to days when we haven’t had to think about the President of the United States, followed by nights when we can once again sleep soundly because–whether we agree with administration policies or not– a sane and honorable person is in charge.

If there is one word I have heard over and over during this political season, it is “exhaustion.” Trump’s desperate need for constant attention, his bizarre tweet-storms, insults and various insanities have sucked the oxygen out of our public life. He has been in our faces, on our television screens, Facebook feeds and comedy routines. As several columnists have recently noted, he has crowded out so many activities that we would otherwise enjoy–books of fiction, works of art and music, conversations with friends that didn’t give rise to disappointment when we discovered their willingness to look the other way so long as their 401K stayed healthy…

Last Thursday, at the New York Times, Michelle Goldberg wrote about all the things we’ve lost.

After listing the “big” things–the lives lost to COVID, the children whose parents can’t be located, the people whose livelihoods have disappeared, and after acknowledging the greater significance of those losses, she speaks for so many of us:

When I think back, from my obviously privileged position, on the texture of daily life during the past four years, all the attention sucked up by this black hole of a president has been its own sort of loss. Every moment spent thinking about Trump is a moment that could have been spent contemplating, creating or appreciating something else. Trump is a narcissistic philistine, and he bent American culture toward him.

I’ve no doubt that great work was created over the past four years, but I missed much of it, because I was too busy staring in incredulous horror at my phone….

Conservatives love to jeer Democrats for being obsessed with Trump, for letting him live, as many put it, rent-free in our heads. It’s a cruel accusation, like setting someone’s house on fire and then laughing at them for staring at the flames. The outrage Trump sparks leaves less room for many other things — joy, creativity, reflection — but every bit of it is warranted. The problem is the president, not how his victims respond to him.

If the polls are right, if Biden wins convincingly, Americans will nevertheless be on pins and needles until January 20th. We won’t be out of the woods until this blot on our nation and our history is gone–and even then, we will be left with the alt-right haters and know-nothings who have spent the campaign brandishing guns, refusing to wear masks and cheering ugly pronouncements at Trump rallies– voters motivated by fear and grievance who want only to “own the libs.”

Buckle up. We’re about to see how this horror show ends.

Comments

Omens…

Our ancestors looked for omens in animal entrails. My nerves–already stressed to the breaking point as we approach Tuesday’s election–sent me on a somewhat more modern search, which may or may not be more accurate.

The polls, of course, are comforting–except when they aren’t. I compulsively visit FiveThirtyEight.com. daily, where the odds, at least, strongly favor Biden. But then I remember how strongly they favored Hillary…

I look at the unprecedented number of Republican defectors: not just the Lincoln Project and Republicans for Biden, and the other groups out there doing television ads, but the 20  Republican  former U.S. Attorneys who warned last week that Trump endangers the rule of law, the 600 prominent Republicans (including numerous former office-holders) who’ve endorsed Biden, the 700+ Intelligence and national security officers who signed the letter I posted last week, warning that Trump is a threat to America’s security and place in the world…and numerous others.

Then there are those “never before” newspaper endorsements.

The conventional wisdom is that newspaper endorsements have little to no effect on voters in big national races, but Democratic presidential nominee Joe Biden has racked up a string of first-ever endorsements from a wide array of publications, including Nature, Scientific American, The New England Journal of Medicine, the Puerto Rican daily El Nuevo Día, and Surfer. On Tuesday, Biden got another one, from USA Today, one of the largest U.S. newspapers by circulation.

USA Today (or “McPaper” as we detractors call it) has an ideologically diverse editorial board, but the board has unanimously endorsed Biden.

“If this were a choice between two capable major party nominees who happened to have opposing ideas, we wouldn’t choose sides,” USA Today’s editorial board said. “But this is not a normal election, and these are not normal times. This year, character, competence, and credibility are on the ballot. Given Trump’s refusal to guarantee a peaceful transfer of power if he loses, so, too, is the future of America’s democracy.”

As of last week, at least 119 daily and weekly newspaper editorial boards had formally backed Biden. Probably the most surprising was The New Hampshire Union Leader, which hadn’t backed a Democrat in over a century.

Culture change is harder to quantify, but public opinion seems to favor progressive positions. Seventy percent of Americans now support same-sex marriage while only 28 percent oppose it, according to a poll conducted by the Public Religion Research Institute. That’s the highest level of support the institute has ever recorded for same-sex marriage. The percentage of Americans who support a woman’s right to control her own reproduction is up, too (Pew says it’s 61%), as is the percentage supporting Black Lives Matter.

The fact that nearly 80 million people have already cast a ballot is an even harder sign to decipher–yet I look at the long lines, many if not all clearly representative of American diversity, and the unprecedented number of young voters, and I have trouble believing that they demonstrate an outpouring of support for Trump. I look, too, at the  GOP’s rush to confirm a rigidly ideological judge before the election as evidence of their desperation and their own clear belief that they’re losing…..

All of this should comfort me. It doesn’t. 

For one thing, there are columns like this one.

And even if Biden wins, who knows what this lunatic and his corrupt and thuggish enablers will do if the results aren’t overwhelmingly clear on Tuesday? What additional harm can he do between the election and January 21st, even if he accepts a loss? We’ve seen the brutishness, brazen criminality and irrational behavior of his supporters, egged on and encouraged by this embodiment of their rage and grievance. Will they take to the streets?

The only thing I’m sure of is that I am too old and way too tired for this. Maybe I should look for some animal entrails…

Comments

How Did We Get Here?

Last Thursday, I participated in a (virtual) presentation for my university’s Senior Academy. The focus was upon the election, and since most of us are laser-focused on November 3d, I thought I’d share my remarks, which followed a colleague’s presentation on partisanship and political psychology.

___________________________________

Like most of you, I’ve followed the ways in which partisanship and our incommensurate realities have affected our elections, but since 2016, I’ve been obsessed with a different question: How did we get here? What explains our current tribalism? What explains the 35 or 40 percent of Americans who continue to support Donald Trump?

I’ve concluded that the answer is deceptively—and depressingly—simple: the central motivation is racism (with a fair amount of misogyny and religious bigotry thrown in.) The tools that Mitch McConnell and his ilk use—tools that allow a minority of American citizens to effectively dominate the majority—are elements of our legal and electoral structures that have outlived whatever usefulness they may once have had.

There’s growing awareness of several of those structural defects: both parties gerrymander, for example, although the Republicans are much better at it; the Electoral College, which has given us a President who lost the popular vote twice since 2000; the filibuster, which as currently used effectively requires a Senate super-majority to pass anything; and the dubious legality of a variety of thinly-veiled vote suppression tactics.

There are other systemic flaws that we are only beginning to recognize, especially the degree to which population movement and demographic change have turned the U.S. Senate into a massively unrepresentative body. Currently, over half the U.S. population lives in just nine states. As a result, fewer than half of the population chooses 82 percent of the country’s Senators.

Republicans currently hold a Senate majority while Senate Democrats  represent well over half of the American population.

Recently, Nate Silver sorted the country into four categories—or as he called them, “buckets”– those with fewer than 25,000 people living within 5 miles were classified as rural; those falling between 25,000 and 100,000 were exurban; between 100,000 and 250,000 were suburban or small city; and over 250,000 were urban.

Silver found that these “buckets” were almost even: 25 percent were rural, 23 percent exurban/small town, 27 percent suburban/small city, and 25 percent urban core/large city.

Silver then looked at the Senate, and found a major skew to rural areas in that chamber’s representation. It turns out that the Senate has “two or three times as much rural representation as urban core representation … even though there are actually about an equal number of voters in each bucket nationwide.”

Since rural areas tend to be whiter, it means the Senate represents a whiter population, too. Silver says it’s almost as if the Senate has turned the clock back by 20 years as far as the racial demographics of the country goes. Rural residents also tend to be more Christian, more socially conservative and less tolerant of diversity than residents of urban areas. Don’t get me wrong; these folks deserve representation. But they don’t deserve wildly disproportionate representation.

When we connect the dots, we realize that the dominance of rural interests at both the state and federal level owes a lot to gerrymandering. Since rural folks tend to be Republican and urban areas these days are solidly Democratic, when Republicans draw the district maps—as they do in Indiana—they cut up urban areas and put the pieces in districts that are largely rural. It’s been estimated that for purposes of the Electoral College, each rural vote is worth 1 and a third of each urban vote.

This isn’t the way a small-d democratic republic is supposed to work.

One reason we’ve gotten to this point is because we’ve neglected civic education, and have ignored the importance of informed civic engagement.

So long as most Americans don’t understand the rules we already have, or the reasons we have them–so long as they fail to recognize the profound effect legal structure exerts on the mechanics of government, we are ignoring one of the most dangerous threats to ethical and constitutional governance: widespread civic ignorance.

Too many Americans vote for presidents and governors and mayors without understanding either the skills required for those jobs or–even more importantly–the constraints applicable to those positions. They evidently assume that they are electing temporary kings and queens–people who will take office, issue decrees, and change reality. (Trump’s base, for example, evidently thinks his constant stream of “Executive Orders” all have legal effect, although many don’t.)

Worse, they fail to recognize the ways in which structures that were useful (or at least, less harmful) in the past have distorted the exercise of the franchise and given us a system in which rural minorities and thinly populated states dominate an overwhelmingly urban country.

When you don’t understand how a system works–or why it is no longer working properly–you can’t make informed choices at the ballot box. We desperately need a voting public that understands why America’s systems aren’t functioning properly–and that recognition requires knowing what “properly” looks like.

We actually are fortunate that Donald Trump is so visibly incompetent and corrupt that even an electorate that is constitutionally-illiterate can see it. If the polls are right and the monumental turnout we are already seeing is as anti-Trump as it seems, we will have narrowly escaped an existential threat.

Still–over a third of the voting public is more concerned with protecting white privilege than repairing our democracy.

We have our work cut out for us.

Comments

What’s Next?

In a recent New York Times op-ed, Thomas Edsall asks a question that is rapidly becoming more pressing: what happens after the election?

It’s a question we really can’t answer until we know not just who has won the Presidency, but how the transition has been handled and–far more important–who will control the Senate.

Although “what now?” depends upon currently unknown election returns, we can–actually, we should–consider a variation of that question. What ought to happen next?

My own concerns revolve around the inevitable splintering of the Democratic Party into its factions. One of the problems with single-party dominance (or in this case, single-party sanity) is that reasonable people holding very different views all end up in the non-crazy party. Democrats have never been ideologically monolithic; these days, thoughtful conservatives, liberals and leftist activists are all Democrats because their only other options are to join a cult (the contemporary GOP) or vote for a third-party candidate (essentially flushing their votes).

My most fervent hope–assuming Democratic control of the Senate as well as the House and the White House–is that leadership will immediately move to implement policies on which there is broad consensus: rolling back the roll-backs of environmental protections; passing H.B. One–the broad reform of electoral rules that passed the House by a massive margin and languished (along with everything else Mitch McConnell touched) in the Senate; ending tax policies that soak the middle class while allowing the rich to evade paying their share; re-instating DACA and instituting humane immigration policies.

There are others, and they should all be introduced and passed as expeditiously as possible.

Noted political scientist Theda Skocpol believes the Democrats will hang together; she tells Edsall that, in the event of a Democratic Senate majority, especially with a cushion of 2 or 3 votes, she

does not foresee any acute internal conflicts, because there will be so much to do in a pandemic and economic crisis,” adding, “I think joint approaches will not be hard to work out: voting reforms, expansion of Obamacare with a strong public option, college costs help for lower income and lower middle class, robust green jobs investments, etc., etc.

I hope she’s right.

Other measures that ought to be taken–preferably, within the first hundred days–include eliminating the filibuster and expanding the number of federal judges. If–as is likely–Judge Barrett has been confirmed in a departing f**k you by McConnell, the number of Justices on the Supreme Court should also be expanded. (Actually, according to the Judicial Conference, that should be done even if, by  some intervening miracle, her nomination fails). But what should be done and what will occur are two different things, and opinions on both the filibuster and the approach to the courts divide the party’s moderates and progressives.

“What’s next” is, of course, a broader question than “what policies should Democrats pursue?” Edsall’s column is concerned less with policy and more with politics. He quotes a political scientist for the rather obvious observation that it’s easier to unite against something than for something, a truism that doesn’t bode well for continued Democratic unity. He also tackles the less obvious–and far more important–question “what happens to Trumpism” if, as seems likely, Trump loses?

Rogers Smith–another noted political scientist–thinks that a loss for Trump won’t defeat Trumpism.

Trump has built a new right populist coalition that has more electoral appeal than the full-tilt neoliberal, moderately multicultural economic and social positions of the prior Republican establishment. It has plenty of reasonably charismatic youthful champions. Its leaders will avoid the crude bullying and rule-flouting that Trump displayed in the recent presidential debate, and they’ll certainly try to avoid Access Hollywood-type scandals. But otherwise they will carry the Trump right-populist movement forward.

The “Trump movement” is essentially racist, theocratic and misogynistic. So long as it remains a viable, non-fringe element of American political life, the “American experiment” is at risk.

Whatever is “next,” we probably aren’t yet out of the woods.

Comments