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    Emerging Cyber Warfare Sets the Stage for New Legal Miscalculations

    The dramatic rise in the capabilities of cyber warfare has outpaced centuries of developed American military doctrine. Cyberoperations, or activities carried out in cyberspace (the internet and computer networks), have become a preferred form of military engagement for gathering information or disrupting systems. Unfortunately, a lack of formal international laws regarding cyber warfare has complicated… Continue reading Emerging Cyber Warfare Sets the Stage for New Legal Miscalculations
    The post Emerging Cyber Warfare Sets the Stage for New Legal Miscalculations appeared first on Fair Observer. More

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    Trump’s ratings slump as shutdown grinds on; Democrats have big wins in state elections

    Donald Trump’s net approval has slumped to its lowest this term as the United States government shutdown breaks the record for the longest shutdown. Democrats had big wins in state elections on Tuesday.

    I previously covered the ongoing US government shutdown on October 9, eight days into a shutdown that began on October 1. This shutdown has now lasted 38 days, beating the previous record 35-day shutdown that was set during Trump’s first term.

    Although Republicans hold the presidency and majorities in both chambers of Congress, they cannot pass a budget without Democratic support in the Senate owing to the Senate’s requirement for 60 votes out of 100 senators to invoke “cloture” and end a “filibuster”.

    Republicans hold a 53–47 majority over Democrats in the Senate, so they need seven Democrats to vote with them to obtain cloture. Democrats are refusing to help to pass a budget unless health insurance subsidies are extended.

    For the first three weeks of the shutdown, Trump’s ratings were resilient, with his net approval in analyst Nate Silver’s aggregate of national polls rising slightly to -7.5 on October 19.

    But since then, Trump’s net approval has slumped 5.5 points to -13.0, a low for him this term. Currently, 55.1% disapprove of Trump’s performance while 42.1% approve.

    Trump’s net approval on the four issues tracked by Silver have all fallen recently. He now has a net approval of -4.9 on immigration, -17.6 on the economy, -17.8 on trade and -28.9 on inflation.

    In Silver’s historical comparison on how Trump’s ratings compare with previous presidents since Harry Truman at this point in their presidencies, Trump’s net approval is only better than during his own first term. Joe Biden’s net approval was -8.3 at this point, making him the next worst on net approval.

    Since a peak for the US benchmark S&P 500 stock market index on October 29, it has lost 2.5%. But in the last six months, it has gained nearly 20%.

    Trump’s ratings will probably rebound if the shutdown ends soon. Unless something goes badly wrong with the US economy or the stock market, his ratings will probably return to net high single-digit negative, not net double-digit negative.

    Democrats had big wins at state elections

    US state elections occurred on Tuesday in New Jersey and Virginia. Democrats won the Virginia governorship by 57.2–42.6 over Republicans, a gain for Democrats. They also won the other two statewide races for lieutenant-governor and attorney-general.

    Democrats won the lower house of the Virginia legislature by 64–36, a 13-seat gain for Democrats. The upper house was not up for election, but Democrats hold a 21–19 majority there. At the 2024 presidential election, Kamala Harris defeated Trump in Virginia by 5.8 points, though Trump won the overall popular vote by 1.5 points.

    Democrats held the New Jersey governorship, winning by 56.4–43.0, far exceeding polls that gave Democrats a low single-digit lead. They lead in the lower house by 53–19, with eight seats uncalled.

    If the uncalled seats go to current leaders, Democrats will win by 57–23, a five-seat gain. Democrats hold the upper house by 25–15, which was not up for election. Harris beat Trump in New Jersey in 2024 by 5.9 points.

    In June, democratic socialist Zohran Mamdani had won the New York City Democratic mayoral nomination, defeating former New York governor Andrew Cuomo by 56.4–43.6 after preferences to win the Democratic primary. On Tuesday, Mamdani defeated Cuomo, who ran as an independent, in the general election
    by 50.4–41.6, with 7.1% for a Republican.

    Unlike the primary, the general election used first past the post. But preferences would not have changed the outcome as Mamdani exceeded 50%.

    In response to Texas Republicans gerrymandering Texas to create five additional federal Republican seats, California Democrats proposed retaliatory gerrymandering of California’s federal seats. A referendum was needed to approve this gerrymander. With 79% reporting, “yes” to gerrymandering had won by 63.9–36.1. Harris won California in 2024 by 20.1 points.

    See also my coverage of these elections for The Poll Bludger. In this piece, I wrote about past and upcoming elections in the Netherlands, Bolivia and Chile.

    Implications for the 2026 midterm elections

    At November 2026 midterm elections, all of the House of Representatives and one-third of the Senate will be up for election. In Virginia and New Jersey’s gubernatorial elections, there were respectively 8.8 and 7.5 point swings to Democrats from the 2024 presidential margin in those states.

    If these swings are applied to Trump’s national margin of 1.5 points in 2024, Democrats would win nationally by 6.0 points (New Jersey swing) or 7.3 (Virginia swing). So if the swing in either state occurs nationally in 2026, Democrats are very likely to gain control of the House.

    There will be 35 seats up for election in the Senate next November (33 regular and two special elections). Republicans hold 22 and Democrats 13, but only two Republican seats are thought vulnerable: Maine and North Carolina.

    In 2024, Harris won Maine by 6.9 points and Trump only won North Carolina by 2.2 points. Trump won all other states Republicans are defending by at least a double-digit margin. Even if the swing in Virginia happened nationally, Democrats would gain only two seats and Republicans would hold the Senate by 51–49.

    It’s become increasingly difficult for Democrats to win the Senate, as the two senators per state rule skews Senate elections towards low-population, rural states.

    In the Fiftyplusone generic ballot average, Democrats lead Republicans by 45.0–41.9. The low single-digit lead for Democrats hasn’t changed since April. The current 3.1-point Democrat lead is below what happens from applying the swing in New Jersey and Virginia nationally.

    While Trump’s ratings have dropped, there hasn’t been a Democratic surge on the generic ballot. That suggests voters are blaming both parties for the shutdown. More

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    How Zohran Mamdani’s ‘talent for listening’ spurred him to victory in the New York mayoral election

    Zohran Mamdani, a 34-year-old democratic socialist, has been elected as New York City’s mayor. He became the first New York mayoral candidate to win more than 1 million votes since 1969, and looks set to secure over 50% of the total vote.

    With almost all of the votes counted, independent candidate Andrew Cuomo seems to have been backed by 41.6% of voters. Republican Curtis Sliwa has secured just 7%.

    Mamdani, who has become New York City’s first Muslim mayor, swept to victory on what was characterised as a radical left-wing platform. He has promised to tax millionaires more in order to fund free buses and childcare for all.

    He has also vowed to honour an International Criminal Court arrest warrant for the Israeli prime minister, Benjamin Netanyahu, over alleged war crimes in Gaza if he visits New York. The Israeli foreign ministry has previously called Mamdani a “mouthpiece for Hamas propaganda”.

    How did a figure on the far left of American politics, who is also a staunch critic of Israel, win in a city that is full of millionaires and home to a sizeable Jewish population?

    The corruption and sexual harassment scandals affecting his main rival certainly helped, as did the focus of his campaign on making life more affordable for New Yorkers. Mamdani’s presence on social media raised his profile and attracted voters, too.

    He posted slick videos on TikTok and Instagram throughout his campaign, including one where he criticised the rent increases seen under outgoing mayor Eric Adams while running the New York City marathon.

    But journalists and commentators have noticed something else that has helped boost Mamdani’s appeal among New Yorkers. He has what the New York Times called in July “a rare talent for listening”.

    Mamdani is unusually reflective in interviews, often thinking silently for more than 20 seconds before responding to questions. And after his successful primary earlier in 2025, Mamdani contacted every business and cultural leader in the city he could get hold of to hear about why they opposed him.

    The viral campaign videos that made his name also see him walking the streets of New York, asking voters questions and listening to their answers at length without interruption. Mamdani may be a radical, but he really listens.

    Talking to voters

    Democratic theorists are likely to celebrate Mamdani’s approach. Many philosophers embrace what is known as the “deliberative theory of democracy”, which argues that talking – as opposed to voting – is the central democratic institution.

    These people suggest that politicians should talk to a diverse range of voters respectfully about their decisions. Listening to diverse perspectives improves policy because it requires leaders to consider a range of ideas and arguments, relying less on their own gut intuitions.

    As a respectful and inclusive political style, it can also help citizens feel heard and challenge the idea that politicians are interested only in power and will say whatever it takes to win. A more deliberative kind of responsiveness to voters can therefore increase political legitimacy and trust.

    The New York Times has praised Mamdani over his ‘rare talent for listening’.
    Sarah Yenesel / EPA

    Political scientists are likely to point out that Mamdani has an important strategic reason for his deliberative political style. New York City uses a system of ranked choice voting, or “the alternative vote”, which asks voters to rank candidates in order of their preference rather than choosing just one.

    This encourages politicians to find policy proposals that are supported by large majorities, such as taxing millionaires to pay for free childcare, and to communicate respectfully with people of all political persuasions in the hope they might win their second-preference votes.

    Larry Diamond, a leading American democracy expert, has called ranked choice voting the “Archimedean lever of change” for solving the deep polarisation currently affecting US politics. This is because it penalises candidates who rely on divisive rhetoric to appeal to a passionate base of supporters.

    They are unlikely to win second-preference votes from people whose first preference is for one of their rivals. Conversely, ranked choice voting rewards politicians who try to bridge political divides with respectful and inclusive campaigning.

    Depolarising US politics

    There are many lessons that the political left in the US and beyond can learn from Mamdani’s victory. Most obviously, it shows that a socialist and pro-Palestine candidate can win in a major US electoral contest by combining a lively digital campaign with a strong focus on the cost of living.

    It also suggests that candidates perceived as being radical are more likely to succeed in elections when they are visibly willing to listen to and deliberate with voters from all sorts of backgrounds.

    Mamdani’s rise should also encourage a wider embrace of ranked choice voting. The system has been used to elect members of Australia’s House of Representatives for more than a century and it is now used in the US states of Maine and Alaska, as well as in the San Francisco Bay Area.

    It should be adopted elsewhere too, as an antidote to political polarisation. The UK held a referendum on changing the electoral system to the alternative vote in 2011. However, UK voters unfortunately rejected the proposal.

    Finally, Mamdani’s victory shows that radicalism and reflectiveness can come together, especially when the electoral system promotes it. Ranked choice voting is so good at encouraging a politics of respect and listening that it is sometimes accused of creating boring centrist candidates.

    But Mamdani has reminded us that this does not have to be the case. Reforming US election systems could encourage deliberative responsiveness and depolarise American politics, without taking radical options off the menu. More

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    Democratic election wins send Trump – and Republicans – a message: Americans blame them for government shutdown

    One year and a day after Donald Trump won a second term as president – and on the 35th day of the US government shutdown, which has tied a record for the longest in history – the Democrats swept to victory in key races across the county.

    Democratic candidates won the governorships in the states of Virginia and New Jersey, while Zohran Mamdani became New York City’s next mayor.

    The Democrats may have just become the winners of the fight to reopen the government, too.

    New Jersey Democratic gubernatorial candidate Mikie Sherrill speaks during an election night party after her victory.
    Matt Rourke/AAP

    Trump’s ratings dropping sharply

    Sixteen years ago, then-President Barack Obama was staggered by Republicans winning the governorships in Virginia and New Jersey in the 2009 elections.

    The message was indelible: voters wanted to put a check on Obama and his wide-ranging agenda, from health care to global warming. Many Americans wanted him to cool his jets, including on what would become his signature achievement, Obamacare.

    The following year, in the 2010 midterm elections, the Democrats lost more than 60 seats and their majority in the House. For the next six years, Republicans had a veto over whatever bills Obama wanted Congress to enact.

    With Democrats now winning the governorships in those two states, Trump and his Republican allies in Congress have just been sent the same message: you need to be checked, too.

    Going into Tuesday’s elections, Trump’s approval rating in one major poll was just above 40%, and his disapproval rating just under 60% – the highest it’s been since the January 6 2021 attack on the Capitol.

    Independent voters, who swung Trump’s way in last year’s election, are now disapproving of his performance by a 69–30% margin.

    Trump’s leadership of what he calls the “hottest country in the world” is falling short in voters’ eyes on a number of key issues: inflation, management of the economy, tariffs, crime, immigration, Ukraine and Gaza.

    What’s at the heart of the continued stalemate?

    The US government has also been shuttered since October 1. Government agencies have been closed to the public, and hundreds of thousands of government employees are going without paychecks, while thousands of others have been laid off.

    Millions of Americans have been affected by flight delays or cancellations due to air traffic controller staffing issues. And food stamps to 42 million Americans have been suspended, with the Trump administration only relenting to provide partial payments in response to a court order.

    Closing the government was not solely the doing of Trump and the Republicans in Congress. After nearly a year of laying prostrate and appearing pathetically ineffective in responding to Trump and his agenda, the Democrats finally got off the mat to fight back.

    Of all the issues with Trump’s so-called “One Big Beautiful Bill” – which contained huge tax cuts for the wealthy and corporations, huge spending cuts for Medicaid, huge increases in spending to control immigration, more funding for fossil fuels and an increase in the debt ceiling – Democrats seized on one glaring omission from the legislation.

    At the end of this year, subsidies are due to expire that more than 24 million Americans rely on to purchase health insurance under Obamacare. As a result, millions are projected to lose their health care coverage.

    That is the cross Democrats chose to die on. They’ve told the Trump administration: you want to keep the government open? Keep the insurance subsidies flowing. Fix it now.

    US Senate Minority Leader Chuck Schumer gestures to a chart showing potential health insurance premium increases.
    Will Oliver/EPA

    Republicans in Congress have had no interest in caving to Democratic demands. They’ve argued Democrats must agree to reopen the government before discussing the subsidies. Their calculation: voters will turn on the Democrats for the turmoil caused by the shutdown.

    Trump wanted nothing to do with any such negotiations either. Two days before the elections, he said he “won’t be extorted”.

    But a recent poll shows 52% of Americans blame Trump and the Republicans for the shutdown, compared to 42% who blame Democrats.

    The wins in Virginia and New Jersey drove this message home. Yes, the Democrats triggered the current shutdown. But the president owns the economy. For better or worse, Trump will own the economy going into next year’s midterm elections, too.

    What happens next?

    How can the Democrats get out of the shutdown box with a win? With the leverage they just gained in the elections. Republican stonewalling after these election defeats will hurt them even more.

    There are two routes forward.

    First, Democrats could reach an agreement with the Republicans on a fix to the health insurance issue, with a vote in Congress by Christmas to get the subsidies restored. A bipartisan compromise appears now to be in the works.

    Second, if such an agreement cannot be reached, the Democrats can introduce a bill to restore the subsidies on their own, with an up-or-down vote in both the House and Senate. If this was voted down, the Democrats would then have a winning issue to take to the midterm elections next November. The voters would know who to blame – and who to reward.

    House Speaker Mike Johnson has prevented the House from meeting for more than six weeks, but it has to come back in session to vote to reopen the government at some point.

    Trump is also insisting the Senate change its rules to allow a simple majority to be able to reopen the government – without any compromises on health insurance subsidies. But this is not a viable political option after these election results.

    Two other Democrats take centre stage

    There were two other big Democratic winners on Tuesday. California voters approved a redistricting plan intended to partially offset Republicans’ gerrymandering of congressional electorates across the country for the midterm elections.

    It was a high-risk strategy by California Governor Gavin Newsom, and it paid off handsomely: Newsom is now considered the frontrunner for the Democratic presidential nomination in 2028.

    And Mamdani, a Muslim socialist, was elected the Democratic mayor of New York City. Trump will no doubt continue to rubbish him as a communist radical extremist and follow through on his threats to cut federal funding for the largest city in the US.

    Mamdani’s victory also places him on the national stage, but not centre stage. The Sinatra doctrine from his hit song New York, New York — “If I can make it there, I’ll make it anywhere” — does not quite apply in this situation.

    To take back Congress next year and the White House in 2028, the Democrats will need all kinds of flowers to bloom — not just Mamdani’s bouquet. In 2028, the party is going to have to shop in a bigger greenhouse. More