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    Biden Speaks on Voting Rights in Philadelphia

    WASHINGTON — President Biden said on Tuesday that the fight against restrictive voting laws was the “most significant test of our democracy since the Civil War” and called Donald J. Trump’s efforts to overturn the 2020 election “a big lie.”In an impassioned speech in Philadelphia, Mr. Biden tried to reinvigorate the stalled Democratic effort to pass federal voting rights legislation and called on Republicans “in Congress and states and cities and counties to stand up, for God’s sake.”“Help prevent this concerted effort to undermine our election and the sacred right to vote,” the president said in remarks at the National Constitution Center. “Have you no shame?”But his words collided with reality: Even as Republican-led bills meant to restrict voting access make their way through statehouses across the country, two bills aiming to expand voting rights nationwide are languishing in Congress. And Mr. Biden has bucked increasing pressure from Democrats to support pushing the legislation through the Senate by eliminating the filibuster, no matter the political cost.In fact, the president seemed to acknowledge that the legislation had little hope of passing as he shifted his focus to the midterm elections.“We’re going to face another test in 2022,” Mr. Biden said. “A new wave of unprecedented voter suppression, and raw and sustained election subversion. We have to prepare now.”He said he would start an effort “to educate voters about the changing laws, register them to vote and then get the vote out.”The partisan fight over voting rights was playing out even as the president spoke, with a group of Texas Democrats fleeing their state to deny Republicans the quorum they need to pass new voting restrictions there.In his speech, Mr. Biden characterized the conspiracy theories about the 2020 election — hatched and spread by his predecessor, Mr. Trump — as a “darker and more sinister” underbelly of American politics. He did not mention Mr. Trump by name but warned that “bullies and merchants of fear” had posed an existential threat to democracy.“No other election has ever been held under such scrutiny, such high standards,” Mr. Biden said. “The big lie is just that: a big lie.”About a dozen Republican-controlled states passed laws this spring to restrict voting or significantly change election rules, in part because of Mr. Trump’s efforts to sow doubt about the 2020 results.Republicans, who have called Democrats’ warnings about democracy hyperbolic, argue that laws are needed to tamp down on voter fraud, despite evidence that it is not a widespread problem. They have mounted an aggressive campaign to portray Mr. Biden’s voting-rights efforts as self-serving federalization of elections to benefit Democrats.The president’s speech, delivered against the backdrop of the birthplace of American democracy, was intended to present the right to vote as a shared ideal, despite the realities of a deeply fractured political landscape.Democratic efforts to pass voting rights legislation in Washington have stalled in the evenly divided Senate. Last month, Republicans filibustered the broad elections overhaul known as the For the People Act, and they are expected to do the same if Democrats try to bring up the other measure — the John Lewis Voting Rights Act, named for a former Georgia congressman and civil rights icon — which would restore parts of the Voting Rights Act struck down by the Supreme Court in 2013.In a statement, Danielle Álvarez, the communications director for the Republican National Committee, said that Mr. Biden’s speech amounted to “lies and theatrics.” Republicans had unanimously rejected the For the People Act as a Democratic attempt to “pass their federal takeover of our elections,” she said.There were also concerns among more moderate members of Mr. Biden’s party that the legislation was too partisan. Senators Joe Manchin III of West Virginia and Kyrsten Sinema of Arizona have publicly said they would not support rolling back the filibuster to enact it.But other Democrats see a worrying increase in efforts by Republican-led state legislatures to restrict voting, along with court rulings that would make it harder to fight encroachments on voting rights.A Supreme Court ruling this month weakened the one enforcement clause of the Voting Rights Act that remained after the court invalidated its major provision in 2013. Mr. Biden said last year that strengthening the act would be one of his first priorities after taking office; but on Tuesday, he sought to shift responsibility to lawmakers.“The court’s decision, as harmful as it is, does not limit the Congress’s ability to repair the damage done,” the president said. “As soon as Congress passes the For the People Act and the John Lewis Voting Rights Advancement Act, I will sign it and want the whole world to see it.”His rallying cry only underscored the impossibility of the task: Neither bill currently has a path to his desk.Activists who had wondered whether Mr. Biden would stake out a public position on the filibuster got their answer on Tuesday: “I’m not filibustering now,” the president told reporters who shouted questions after his speech.“It was strange to hear,” Eli Zupnick, a spokesman for the anti-filibuster group Fix Our Senate, said after watching the speech. “He did a great job of laying out the problem, but then stopped short of talking about the actual solution that would be needed to passing legislation to address the problem.”As Mr. Biden spoke in Philadelphia, the group of Texas Democrats had traveled to Washington, where they were trying to delay state lawmakers from taking up restrictive voting measures.Representative Marc Veasey, Democrat of Texas, speaking at a press conference with Democratic members of the Texas Legislature on Capitol Hill on Tuesday.Sarahbeth Maney/The New York TimesBoth measures would ban 24-hour voting and drive-through voting; prohibit election officials from proactively sending absentee ballot applications to voters who had not requested them; add new voter identification requirements for voting by mail; limit the types of assistance that can be provided to voters; and greatly expand the authority and autonomy of partisan poll watchers.In Austin, Republicans vented their anger at the fleeing group, and Gov. Greg Abbott vowed to call “special session after special session after special session” until an election bill passed. The handful of Democratic lawmakers who did not go to Washington were rounded up and ordered onto the Statehouse floor. Shawn Thierry, a Democratic state representative from Houston, posted to Twitter a video of a Statehouse sergeant-at-arms and a state trooper entering her office to order her to be locked in the House chamber.“This is not an issue about Democrats or Republicans,” Vice President Kamala Harris told the Texas lawmakers when she met with them on Tuesday. “This is about Americans and how Americans are experiencing this issue.”James Talarico, 32, the youngest member of the Texas Legislature, said the group of Democrats had gone to Washington, in part, to pressure Mr. Biden to do more.“We can’t listen to more speeches,” Mr. Talarico said. “I’m incredibly proud not only as a Democrat but also an American of what President Biden has accomplished in his first few months in office. But protecting our democracy should have been at the very top of the list, because without it none of these issues matter.”The restrictions in the Texas bills mirror key provisions of a restrictive law passed this year in Georgia, which went even further to assert Republican control over the State Election Board and empower the party to suspend county election officials. In June, the Justice Department sued Georgia over the law, the Biden administration’s first significant move to challenge voter restrictions at the state level.“The 21st-century Jim Crow assault is real,” Mr. Biden said as he listed the details of the Texas bills. “It’s unrelenting, and we are going to challenge it vigorously.”Zolan Kanno-Youngs More

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    Book Review: ‘Landslide,’ by Michael Wolff

    LANDSLIDEThe Final Days of the Trump White HouseBy Michael WolffForty-five years ago, when Bob Woodward and Carl Bernstein’s “The Final Days” came out, it was a different world: There was no cable news, no internet and no social media, and the political establishment offered at least the illusion of being in control. The Watergate scandal, culminating in Richard Nixon’s resignation, presented a riveting series of public events — hearings, trials and so on — but that left it open to Woodward and Bernstein to tell the story of what had been going on behind the scenes.“Landslide: The Final Days of the Trump White House,” Michael Wolff’s third book about Donald Trump’s presidency, after “Fire and Fury” and “Siege,” faces a different challenge in recounting Trump’s political demise (for now). Penetrating a buttoned-up White House was not the issue, because Trump ran his administration as a public performance. Nixon spoke calmly in public and ranted and cursed to his aides. Trump put his self-pity, revenge fantasies and paranoia on full display at his rallies and in his tweets. He was indiscreet, and he surrounded himself with other indiscreet people, whom he often motivated to become especially indiscreet by humiliating or firing them. How can one lend an element of revelation to an account of the crazy, terrifying weeks between Election Day 2020 and President Biden’s inauguration?Wolff’s method is essentially the same as in “The Final Days” and many other inside stories about highest-level politics: He uses lots of detailed off-the-record interviews with aides to produce a tale told in a third-person omniscient voice, without conventional journalistic attribution. I noticed only a time or two when he seemed to have put something that somebody had told him between quotation marks, with the person’s name attached. In books like this, the author adopts his sources’ perspective — narrowly, in the sense that they are shown behaving honorably, and broadly, in the sense that their overall take on events animates the story.In an epilogue, Wolff interviews Trump himself, at Mar-a-Lago. It’s an artfully drawn scene of the king in exile, but the former president doesn’t really say anything he hasn’t said many times before — and indeed elsewhere in the book Wolff wisely chooses to quote several of Trump’s public speeches at length, because nothing else quite as fully captures his (to use Wolff’s term) “derangement.” Wolff’s main sources seem to be a group of aides at a second or third level of celebrity, people who see themselves as “political professionals.” Administration staff members like Jason Miller (communications adviser), Mark Meadows (White House chief of staff), Matthew Morgan (counsel to the re-election campaign) and Marc Short (Mike Pence’s chief of staff) appear often in Wolff’s accounts of White House meetings, usually attempting unsuccessfully to impose a measure of order and sanity. It seems safe to assume that it’s their collective point of view, and that of others like them, that we’re getting in “Landslide.”Books like this usually burst out of the gate with a few newsmaking anecdotes, and Wolff does provide some of these. Trump believed that the Democratic Party’s elders would pull Biden, sure to lose, at the last minute, and replace him with a ticket of Andrew Cuomo and Michelle Obama. He toyed with the idea of using the pandemic as a pretext for indefinitely postponing the election. The most notorious line in his speech to the incipient mob on Jan. 6 — “we’re going to walk down to the Capitol” — was an ad-lib, not in the text his staff had prepared. But the strength of “Landslide” comes less from these stories and more from a coherent argument that Wolff, in partnership with his sources, makes about how we should understand the period between Nov. 3 and Jan. 20. Most quickly produced books about political events don’t do that.Trump, in these pages, is self-obsessed, delusional and administratively incompetent. He has no interest in or understanding of the workings of government. He doesn’t read or listen to briefings. He spends vast amounts of time watching conservative television networks and chatting on the phone with cronies. The pandemic puts him at a special disadvantage; many of the people around him are either sick or afraid to come to work because that would entail complying with a regime of Covid noncompliance that Trump demands. If anybody tells him something he doesn’t want to hear, he marginalizes or fires that person and finds somebody else to listen to, who may or may not hold an official position. If Fox News becomes less than completely loyal, he’ll switch to Newsmax or One America News Network. He lives in a self-curated information environment that bears only a glancing relationship to reality.Before the belief that the election was stolen had taken full control of Trump’s mind, the idea was already there — because he chose to regard all forms of expanded access to voting, which tend to favor the Democrats, as stealing. He turned down entreaties from his staff to set up a Republican get-out-the-early-vote operation, just as he also turned down entreaties to endorse masking and social distancing during the height of the pandemic: off-brand. He was utterly disorganized, with endless firings and reshufflings of the key players. And during his second impeachment trial, Trump was represented by a comically incompetent, squabbling team of lawyers whom he had barely met.In the early hours of election night, when he was running well ahead of the pre-election polls, Trump decided he had won. After it became clear to everyone but him that he hadn’t, he empowered an alternate-reality team of advisers, headed by Rudy Giuliani and including people whom even Giuliani considered to be unacceptably out-there, like Sidney Powell, the freelancing lawyer, and Mike Lindell, the C.E.O. of MyPillow, and he embraced every available conspiracy theory and strategic fantasy about how he could change the result. To Trump, in Wolff’s telling, elections are roughly similar to the due dates for loans in his real-estate business — a place to start negotiating. Because he divides people into two categories, strong and weak, and because he has the deep cynicism of an unprincipled person, he chose to believe that he was not the first result-denying presidential candidate, only the first who was manly enough to challenge a typically corrupt outcome.Nobody holding official power in the White House or the Republican Party — in particular, Mike Pence and Mitch McConnell — took Trump’s ravings seriously, so the horrifying events of Jan. 6 came as a surprise, probably even to Trump himself. The various rallies that day had been organized by independent right-wing political entrepreneurs with businesses to promote, not by the White House, and it wasn’t yet clear to most Republicans in Washington how fully Trump’s followers had accepted his insistence that the election had been stolen. Almost nobody in the White House was actively trying to persuade members of Congress to vote for the election challenges that were before them on Jan. 6.One obvious question all this raises is: If Trump was so unrelievedly awful, not to mention dangerous, why were Wolff’s sources working for him? “In insider political circles,” Wolff writes, “almost all politicians are seen as difficult and even damaged people, necessarily tolerated in some civics class inversion because they were elected.” Over time the realization dawned that Trump was in a specially appalling category. After that, “You took it and put up with it and tried to make the best of it, not in spite of everything, but because this was what you did; this was the job you had.” Or you thought you could help by “keeping it from being so much worse than it otherwise might be.” Or you persuaded yourself that you were serving a larger cause, as in the case of Marc Short: “He detested the president but saw a tight-lipped tolerance, however painful, as the way to use Trump’s popularity to realize the conservative grail of remaking the federal courts and the federal bureaucracy.”More than all this, though, the quality of Trump’s that best explains what happened is that he commands a vast, enthusiastically loyal following that may represent as much as a quarter of the voting public, or even more, and a majority of the people who vote in Republican primaries. Nobody holding an appointed position has this, and very few elected officials do either. Wolff says the people around Trump believed he had “magical properties,” based on “a genius sense of how to satisfy the audience.” Everyone knew from firsthand observation how incompetent a chief executive he was: “Beyond his immediate desires and pronouncements, there was no ability — or structure, or chain of command, or procedures, or expertise, or actual person to call — to make anything happen.” Therefore they assumed that his postelection lunacy would have no consequences, and that it was safe to avoid any public argument with the president that might arouse the Republican base. Essentially the only nefarious misdeed he was capable of pulling off was the one he did pull off, not entirely wittingly: the power to incite a violent, democracy-subverting mob of his devotees.Trump’s election, his term in office and the manner of his departure have reawakened a dormant debate about the essential health of the American political system. Are there too many barriers in the way of voting? Is the public misinformed? Do billionaires and other elites control the system? Do the Electoral College and the way congressional representation is apportioned overempower underpopulated rural areas? Wolff raises a more fundamental and frightening possibility: that the lesson of Trump is that in a democratic society, a malign and dangerous “crazy person,” especially one with a deep instinctive understanding of public opinion and the media, can become genuinely popular. Millions of Americans love Trump. As Wolff points out, after Jan. 6, his standing in the polls went up.This is not an abstract or theoretical concern. Wolff doesn’t make a direct prediction. But he leaves us with the strong impression that Trump will be running for president again in 2024. More

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    As Republicans Take Aim at Voting, Democrats Search for a Response

    A speech by President Biden on Tuesday could be a signal of how hard the Democrats will fight to protect voting rights. WASHINGTON — The Democratic Party pledged millions for it last week, grass-roots groups are campaigning for it nationwide and, as recently as Friday, Senator Chuck Schumer, the majority leader, said the fight for it had only begun.But behind the brave words are rising concerns among voting-rights advocates and Democrats that the counterattack against the aggressive push by Republicans to restrict ballot access is faltering, and at a potentially pivotal moment.President Biden is expected to put his political muscle behind the issue in a speech in Philadelphia on Tuesday. But in Congress, Democratic senators have been unable to move voting and election bills that would address what many of them call a fundamental attack on American democracy that could lock in a new era of Republican minority rule. And in the courts, attacks on voting restrictions face an increasingly hostile judiciary and narrowing legal options.Texas seems poised, absent another walkout by Democratic legislators, to become the latest Republican-controlled state to pass a sweeping legislative agenda placing new barriers to the ability to cast a ballot. That comes on the heels of a major Supreme Court ruling this month further weakening the one enforcement clause of the Voting Rights Act that remained after the court nullified its major provision in 2012. The decision arrived as advocacy groups were pressing lawsuits against restrictive voting laws enacted in roughly a dozen Republican-controlled state legislatures.“One more arrow has been taken out of the quiver of voting-rights plaintiffs to strike down these new laws passed since the 2020 election,” said Nathaniel Persily, an election-law scholar at Stanford. “And it’s not like they had all that many arrows in the quiver to begin with.”Roughly a dozen Republican-controlled states passed laws this past spring restricting voting or significantly changing election rules, ostensibly in response to President Donald J. Trump’s false claims that voter fraud cost him the November election. Many made it harder to vote early or by mail, banned or restricted drop boxes, shortened early or absentee voting periods or gave more leeway to partisan poll watchers. Some laws made it easier to replace local election officials with partisans, something voting rights advocates say might make it possible even to invalidate or sway election results. Atop that, Republican filibuster threats have bottled up the flagship effort by congressional Democrats to counter such restrictions — a sweeping overhaul of federal election laws and a beefed-up revision of the Voting Rights Act. Despite controlling the Senate, Democrats have failed to unite behind a change in filibuster rules that would allow them to pass the legislation with a simple majority vote. That is a painful reversal for Democrats, who had labeled the bills their top priority, and for Mr. Biden, who said a year ago that strengthening the Voting Rights Act would be his first task in the White House. It also has far-reaching ramifications: The election-overhaul bill would set minimum standards for ballot access, potentially undoing some provisions of the newly enacted laws, and ban gerrymandering just as states begin drawing new boundaries for House seats and local political districts.Democrats worry that failing to act will empower states led by Republicans to impose more restrictions before the 2024 presidential election — a genuine concern, they say, given that Mr. Biden carried the Electoral College by fewer than 43,000 votes in three key states, despite outpolling Mr. Trump by seven million votes nationwide. President Biden said a year ago that strengthening the Voting Rights Act would be his first task in the White House.Samuel Corum for The New York TimesAnd some worry that a Republican Party that still refuses to accept the legitimacy of the last presidential vote sets the stage for a constitutional crisis should red states, or even a Republican-led House of Representatives, contest the next close election. “There’s not a caucus meeting that goes by that our leadership doesn’t talk about S. 1 and how our democracy is on the verge of disappearing,” U.S. Representative John Yarmuth, a Kentucky Democrat who has spent 14 years in the House, said in an interview, using shorthand for voting legislation stalled in the Senate. “There’s plenty to be scared about.”Republicans argue that it’s Democrats who are the threat to democracy. “The Democratic Party wants to rewrite the ground rules of American politics for partisan benefit,” Senator Mitch McConnell, the minority leader, said at a hearing on the bill to overhaul voting laws, called the For the People Act. “It’s hard to imagine anything that would erode public confidence in our democracy more drastically.”Mr. McConnell has called the proposal “a craven political calculation” that shows “disdain for the American people.”In the states, Republican legislators have frequently taken a similar tack, charging that Democrats oppose tightening voting rules because they benefit from voter fraud.More common among voting experts, though, is a view that Republicans, facing unfavorable demographic tides, see their future linked to limiting Democratic turnout. “They’re going to do everything they can to hold on to power, and one essential of that is limiting the Democratic vote,” said Larry J. Sabato, a veteran political analyst and director of the Center for Politics at the University of Virginia. Voting-rights advocates and the Biden administration are not without weapons. Under Attorney General Merrick Garland, the Justice Department has already sued to block voting legislation enacted by the Georgia General Assembly this past spring, and more lawsuits are likely.On Thursday, Vice President Kamala Harris said that the Democratic National Committee planned to spend $25 million before the 2022 midterms to organize and educate voters.And a number of voting rights advocates said they believed that the breadth and the audacity of Republican voting restrictions was igniting a backlash that would power a grass-roots voting movement and increase Democratic turnout in the midterms.“It could well have a significant pushback,” said Miles Rapoport, a senior fellow at the Ash Center for Democratic Governance at Harvard. “The extra motivation of ‘You’re not going to take away my vote’ could end up with very, very heavy turnout come 2022 and 2024.”But voting issues could be a motivator for both parties and, in a highly polarized electorate, the moral high ground can be hard to establish. “I think a lot of this from the other side is political theater,” Representative Briscoe Cain, the Republican House Elections Committee chairman in Texas said in a phone interview on Sunday night. The goal, he said, is to “win elections and make Republicans look bad.”Advocacy groups and Democrats also are in the courts. In Georgia alone, eight lawsuits are challenging Republican election laws enacted in the spring. Marc Elias, a longtime lawyer for Democratic Party interests, is opposing new election laws in seven Republican-dominated states.How badly the Supreme Court ruling will hinder such efforts is unclear. The 6-to-3 decision, covering Section 2 of the Voting Rights Act, made it much harder to attack a voting restriction based principally on its lopsided impact on a minority group.Mr. Elias called the ruling “a terrible decision,” but added that most election lawsuits claim violations of the Constitution, not the Voting Rights Act.Richard L. Hasen, a leading election-law expert at the University of California, Irvine, was less sanguine, arguing that one part of the ruling has given states wide latitude to defend restrictions as necessary to prevent fraud — even if there is no evidence of fraud. Stopping fraud is by far the leading reason cited by Republican legislators sponsoring curbs on voting.“There’s no question that the road is much tougher for voting rights plaintiffs in federal courts,” he said. “These battles will have to be fought within each state, mustering coalitions among business groups, civil leaders and voters from all parties who care about the sanctity of the right to vote.”Legal options also exist outside the federal judiciary. Mr. Elias recently won a suit claiming discrimination against college-age voters in the New Hampshire Supreme Court. The Southern Coalition for Social Justice is challenging North Carolina’s voter ID requirements in that state’s Supreme Court. Demonstrators gathered in Washington, D.C., in June to protest for equal voting rights.Kenny Holston for The New York TimesAnd Alison Riggs, a voting-rights lawyer and co-executive director of the coalition, noted that Congress could easily address concerns with the court’s ruling in any revision of the Voting Rights Act.Mr. Biden’s speech on Tuesday may signal whether he intends to become involved in pushing that legislation and the overhaul of voting laws to passage. Mr. Biden made voting issues a priority in his campaign, but as president he has emphasized bread-and-butter issues like infrastructure spending and coronavirus relief. He was largely absent in June when Democrats in the Senate tried and failed to bring up the For the People Act for debate — in part, perhaps, because even Democrats realized that it must be stripped down to a more basic bill to have a chance of passing.The president is unlikely to have that option again. Over the weekend, a close ally, Representative James E. Clyburn of South Carolina, told Politico that Mr. Biden must push to modify the filibuster so both voting bills could pass.So did civil rights leaders in a meeting with the president on Thursday. “We will not be able to litigate our way out of this threat to Black citizenship, voting and political participation,” Sherrilyn Ifill, the president of the N.A.A.C.P. Legal Defense and Educational Fund, said later. “We need legislation to be passed in Congress.”The consequences of doing that — or not — could be profound, said Dr. Sabato. “If there was ever a moment to act, it would be now, because Republican legislatures with Republican governors are going to go even further as we move into the future,” he said.“For years, Democrats will point to this as a missed moment. And they’ll be right.”David Montgomery contributed reporting. More

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    The Big Question of the 2022 Midterms: How Will the Suburbs Swing?

    Democrats and Republicans are already jockeying for a crucial voting bloc that soured on Donald Trump, tilted to Joe Biden and now holds the key to the second half of the president’s term.PAPILLION, Neb. — Pursuing a bipartisan infrastructure deal and trumpeting a revived economy and progress against the pandemic, President Biden is trying to persuade the nation that Democrats are the party that gets things done. His message is aimed at holding on to a set of voters in next year’s midterms who could determine the fate of his agenda: suburbanites who abandoned former President Donald Trump in droves.More than any other group, those independent-minded voters put Mr. Biden in the White House. Whether they remain in the Democratic coalition is the most urgent question facing the party as it tries to keep its razor-thin advantage in the House and the Senate next year. Mr. Biden made his pitch again on Friday when he signed an executive order intended to protect consumers from the anti-competitive practices of large businesses. But Republicans are also going to war for suburban votes. The party is painting the six-month-old Biden administration as a failure, one that has lost control of the Southwestern border, is presiding over soaring crime rates and rising prices and is on the wrong side of a culture clash over how schools teach the history of racism in America.Whoever wins this messaging battle will have the power to determine the outcome of the rest of Mr. Biden’s term, setting the stage for either two more years of Democrats driving their policies forward or a new period of gridlock in a divided Washington.Both parties are targeting voters like Jay Jackson, a retired career Air Force officer who is now a reservist in the Omaha suburbs. Mr. Jackson had lawn signs last year for Republicans running for Congress, but also for Mr. Biden. He thought that Mr. Trump had failed to empathize with military duty and regularly lied to Americans, and did not deserve re-election.“I’m a classic RINO,” Mr. Jackson said with a laugh, accepting the right’s favorite insult for voters like him: Republicans in Name Only. In a guest column in The Omaha World-Herald, Mr. Jackson, a 39-year-old lawyer, explained his view: “We Republicans need to turn away from Trump and back to our values and the principles of patriotism and conservatism.”Mr. Biden won 54 percent of voters from the country’s suburbs last year, a significant improvement over Hillary Clinton in 2016, and enough to overcome Mr. Trump’s expansion of his own margins in rural and urban areas, according to new data from the Pew Research Center. Suburbanites made up 55 percent of the Biden coalition, compared with 48 percent of Clinton voters.Jay Jackson encouraged fellow Republican voters to “turn away from Trump.”Walker Pickering for The New York TimesLia Post voted routinely for Republicans but supported Mr. Biden last year.Walker Pickering for The New York TimesThe authoritative Pew study, which echoed other recent surveys, also showed that Mr. Biden failed to increase his share of the Democratic base from 2016, including among young people and voters of color. It found, however, that his support surged among independents, veterans and married men — voters like Mr. Jackson.But even as Mr. Jackson crossed party lines for Mr. Biden, he supported Representative Don Bacon, a Republican who won re-election in Nebraska’s Second District, which Mr. Biden himself carried. Mr. Jackson said that he was pleased so far with the Biden administration — especially its “putting the accelerator to the floor on Covid” — but that he would very likely vote again for Mr. Bacon.It shows that in 2022, Democrats will need to count on more than the revolt of suburbia against Mr. Trump’s norm-smashing presidency to motivate their voters.The limits of the anti-Trump vote were already glimpsed last year, when half of the 14 House seats that Democrats lost, to their shock, were in suburban or exurban districts. The party also failed to defeat vulnerable Republicans in districts Mr. Biden won, such as Nebraska’s Second.For 2022, Democrats’ congressional finance committee has identified 24 “frontline” incumbents in swing districts, some two-thirds of them in suburban areas.Representative Sean Patrick Maloney of New York, the chair of the Democrats’ election arm, aims to fuse Republican candidates with Mr. Trump’s divisiveness and with the party’s obstruction of gun restrictions, expanding health care access and fighting climate change.“The post-Trump Republican brand is bad politics in the suburbs,” he said in an interview. “They have embraced dangerous conspiracy theories, flat-out white supremacists and a level of harshness and ugliness that is not appealing to suburban voters.”Representative Tom Emmer of Minnesota, who leads the G.O.P. campaign arm, said Republicans would attack Democrats over a set of “incredibly toxic” issues for the suburbs. He listed them as crime, tax increases, border security and the latest flash point of the culture wars, critical race theory — the idea that racism is woven into American institutions, which Republicans have seized on in suburban school districts.Sarpy County is the fastest-growing county in Nebraska, with young newcomers drawn to jobs in tech or in Omaha’s insurance industry, and to the exploding housing market.Walker Pickering for The New York Times“It’s going to be a big issue in 2022,” Mr. Emmer said.He added that while Democrats “seem to be focused on a personality in the past” — Mr. Trump — “we’re focused on issues.”House Democrats also face structural and historical obstacles to retaining their slender nine-seat majority. In the modern era, a president’s party has lost an average of 26 House seats in midterm elections. Redistricting will place nearly all members of the chamber in redrawn seats, with Republicans wielding more power to gerrymander than Democrats.National polling shows Mr. Biden’s job approval consistently above 50 percent. But some recent surveys of swing House districts suggest that the president is less popular on specific issues. A survey in May of 37 competitive House districts by a Democratic group, Future Majority, found that more voters disliked than liked Mr. Biden’s handling of the economy, climate policy and foreign affairs. He was especially unpopular over the U.S.-Mexico border and relations with China.But Val Arkoosh, a Democratic official in the Philadelphia suburbs who is running for the Senate in 2022, said that issues that rally Democrats, like voting rights and health care, would still be on the ballot, even if Mr. Trump — who drove furious opponents to the polls last year — is not. “Yes, the former occupant of the White House is gone, but we continue to see a significant amount of obstruction in Washington around issues people here care deeply about,” she said.While suburbs across the country vary demographically and politically, the independent voters of suburban Omaha present a snapshot of the terrain where both parties will be fighting their hardest.Nebraska is one of just two states to award a share of its electoral votes by congressional district. Mr. Biden’s success in carrying the Second District, which includes Omaha and much of its suburbs, went beyond the single electoral vote he picked up. He flipped the district by 8.75 percentage points after Mr. Trump had won it in 2016 — a larger swing than in any individual battleground state.The suburban part of the district is mostly in western Sarpy County south of Omaha. It is the fastest-growing county in Nebraska, with young newcomers drawn to jobs in tech or in Omaha’s insurance industry, and to the exploding housing market.Corbin Delgado, the secretary of his party’s state Latinx Caucus, said his top issue was immigration reform.Walker Pickering for The New York TimesJen Day won a State Senate race as a Democrat, though many of her voters supported a Republican candidate for Congress.Walker Pickering for The New York TimesFields of corn race up hillsides and yield suddenly to home developments with names like the Mansions at Granite Falls. A vast Amazon distribution center that will employ 1,000 workers is under construction. A sign at another building site promises the “Future Home of Lamb of God Lutheran Church.”Older towns in the county command hilltops, their water towers visible from afar like medieval castles.Last year, Sarpy County, like most places, had higher turnout by both parties and independents compared with 2016. But the surge especially among independents probably accounts for Mr. Biden’s winning 13,000 more votes in the county than Mrs. Clinton did. (Mr. Trump’s votes increased by only about 7,000.)“We have a lot of younger families moving in,” said Charlene Ligon, an Air Force retiree who leads the county Democrats. “They may be conservative, but they’re more centrist, with younger attitudes.”Jen Day, a small-business owner in her 30s, won a State Senate race as a Democrat in November, the first time in memory the party had captured a seat in western Sarpy County.Ms. Day said many of her supporters had also voted for Mr. Bacon, the Republican congressman. “From discussions I’ve had with people in the district, I don’t think they’re pledging allegiance to either party at this point,” she said.Jeff Slobotski, a suburban father of five who changed his registration from Republican to independent, said the Bacon seat was “absolutely winnable” for Democrats in 2022. A Trump supporter in 2016, Mr. Slobotski voted for Mr. Biden last year.Mr. Slobotski, 43, is an executive for a company that brings tech start-ups and arts groups to an emerging neighborhood in the city. He spoke over lunch last week at a downtown Omaha restaurant, the Kitchen Table. The restaurant windows displayed posters for Black Lives Matter and for a young state senator, Tony Vargas, who has been mentioned as a possible Democratic nominee to take on Mr. Bacon.Fields of corn race up hillsides and yield suddenly to home developments.Walker Pickering for The New York TimesAlthough Mr. Slobotski voted for Mr. Bacon, he said he would support Mr. Vargas if he ran for the seat. “He’s just a young visionary, somebody with leadership ability, more of a pragmatist,” he said of Mr. Vargas, a former Omaha school board member. The Democrats’ 2020 nominee, Kara Eastman, was considered by many to be too progressive for the District.Later that day, at a restaurant in Papillion, a group of three other 2020 ticket-splitting voters sipped iced coffees as they assessed Washington under unified Democratic control.All three had voted for Mr. Biden, but none supported the drive by many congressional Democrats to blow up the filibuster to pass Mr. Biden’s most ambitious agenda items.These voters preferred a scaled-back infrastructure package that, even if it left major spending on education and climate on the table, could pass with bipartisan support and represent a show of unity. “It’s one of those things that kind of builds relationships to get things going,” said Michael Stark, 30, an independent.The filibuster is “there for a purpose and I am terrified of what would happen if it went away,” said Corbin Delgado, 26, a Democrat who works for a nonprofit group and is the secretary of his party’s state Latinx Caucus. He said his top issue was immigration reform, including a pathway to citizenship for the undocumented. He voted for Mr. Bacon last year, he said, because the Republican had modified his opposition to some immigration changes after meeting with activists. “I’m a big believer that when a politician actually listens and changes, that should be rewarded,” he said.But he would leap at the chance to vote in 2022 for Mr. Vargas, who represents a district with a large Hispanic population.Lia Post, 54, grew up in a conservative religious family and voted routinely for Republicans. An activist for legalizing medical marijuana, she supported Mr. Biden last year. She said that more than anything else, she was relieved by the absence of perpetual chaos in Washington.“I don’t feel so stressed out all the time,” she said. “I just feel now I have a president that I can just breathe,” she added, and not worry, “‘Oh, God, what’s the next thing?’” More

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    Why The Supreme Court's Voting Rights Ruling Leaves No Clear Answer

    The Supreme Court’s decision on voting rights suggests that limits to the convenience of voting methods may be relatively permissible, while new burdens on casting a ballot in-person might be more vulnerable.What kind of restrictions on voting violate Section 2 of the Voting Rights Act? That’s the basic question in the wake of the Supreme Court’s decision to uphold two Arizona voting provisions last week.The court’s decision didn’t offer a clear answer. Instead, it offered “guideposts” to illustrate why the Arizona law passed muster, without clearly indicating when a law might go too far. Those guideposts appear to set a high bar for successful voting rights litigation.But the guideposts offer lessons about what kinds of voting restrictions might be more or less vulnerable to legal challenge.Many of those lessons stem from a central concept underlying the decision: the idea that every voting system imposes certain “usual” burdens on voters, like traveling to a polling station or returning your ballot.Justice Samuel Alito, writing for the majority, made the case that these burdens may inevitably result in “some” racial disparity. As a result, the conservative justices reject the idea that racial disparity alone is sufficient to establish that a state denied everyone an equal opportunity to vote. That leaves the court looking for signs of a particularly unusual and distinctive burden, even though this added hurdle doesn’t exist in the text of the Voting Rights Act.The court found, without too much trouble, that the two Arizona laws weren’t particularly unusual or burdensome. That was not surprising. Even the Biden Justice Department said the laws did not violate the Voting Rights Act. But the way the court reached that conclusion nonetheless said a lot about what kinds of laws might survive judicial scrutiny.The court’s reasoning suggests that restrictions on the convenience of voting methods may be relatively permissible, while new burdens on in-person voting, whether a reduction in precincts or new voter identification requirements, might be more vulnerable. It may even mean that states with relatively lenient voting laws might have more leeway to impose new restrictions. And no matter what, a fairly large racial disparity — backed by strong statistical evidence — may be crucial in future cases.Convenience voting is less protectedSo what’s a usual burden, anyway? Oddly enough, the clearest benchmark offered by the court is whether a rule imposes a burden that was typical in 1982, when the Voting Rights Act was last amended.If the burden on voters was typical at the time, the thinking goes, then Congress probably didn’t intend to undermine those provisions.What kind of burden would that be? The court went out of its way to note that there was virtually no early or no-excuse mail absentee voting at the time. That can lead one to infer that the court may be fairly likely to accept restrictions on mail and early voting. From this point of view, convenience voting is a bonus option for voters, and any restriction would still leave voters less burdened than they were 40 years ago.The court refrained from deciding “whether adherence to, or a return to, a 1982 framework is necessarily lawful.” Perhaps it would not be, since nonwhite voters now disproportionately use methods intended to make voting more convenient, like early voting. And many states have scaled back their traditional Election Day voting options as demand has declined; simply eliminating convenience voting would often leave many voters with fewer options than they had 40 years ago. On the other hand, there’s not much evidence that expanded voting options have narrowed racial disparities in turnout.Wherever the court draws the line, it’s hard to avoid the conclusion that new ways to make voting more convenient will not be vigorously protected by the court.Novel restrictions may be unprotectedAt the same time, the court may look askance at novel regulations that impose burdens beyond what existed in 1982. Strict photo identification requirements, for instance, did not exist back then. And there was a certain level of basic access, in terms of the availability of in-person precincts, registration and voting hours, which the court would presumably be likely to protect.In oral arguments, Justice Elena Kagan asked whether it would be legal for a state to put all of its polling places in country clubs, where Black voters would need to travel farther than whites and would fear discrimination and experience a high level of discomfort. A 1982 standard, whatever its merits, would offer some level of protections against that kind of extreme possibility, even as it may allow rollbacks in mail and early voting.Size mattersWith the court resigned to some inevitable racial disparities in voting, successful voting rights litigation may entail finding a fairly large racial disparity.How large? Well, probably larger or clearer than in the Arizona case.The court believed that the requirement to vote in your own precinct would affect 1 percent of nonwhite in-person voters and .5 percent of non-Hispanic white in-person voters, or a disparity of about .5 percentage points. Even these figures overstate the share of voters who would be affected by the provision, as the majority of Arizonans cast ballots by mail, not in-person.Strong statistical evidence is also clearly important. The plaintiffs did not have any statistics to establish whether banning third-party ballot collection would create a large racial disparity in voting, and the court brushed aside the testimonial evidence that it was used more by non-white and especially Native American voters.If there’s any consolation for voting rights activists, it’s that many of the most prominent “voter suppression” laws usually feature clear statistical evidence showing that it imposes a burden on a larger share of eligible voters than Arizona’s requirement that voters cast ballots in their own precinct. But what the statistical threshold is for striking down a restrictive law based on racial disparity — 2 points, 5 points, 10 points? — remains to be seen.Court rules that fraud is a legitimate state interestNot even evidence of an unusual burden or a strong racial disparity would necessarily ensure the demise of a voting restriction, under the new ruling. The court also says it will weigh the strength of the state’s interest in regulating its elections against whatever burden it imposes.Judge Alito stated unequivocally in his opinion that preventing fraud was a “strong and entirely legitimate” state interest. A restriction that can be construed as a “reasonable means” for pursuing a legitimate state interest, like preventing fraud or ensuring that votes are cast free from intimidation, will be easier for the state to justify.Other restrictions, like eliminating automatic voter registration or Sunday early voting, do not have a clear connection to a strong state interest, like reducing fraud, and could be more likely to violate the Voting Rights Act.The case said relatively little new about establishing discriminatory intent, the focus of the Justice Department’s case in Georgia. The court reiterated its view that restrictions intended to advantage a specific political party are acceptable, though that distinction may be harder to sustain in Georgia, where Black voters make up an outright majority of Democrats. And the court rejected the theory that an otherwise legitimate and non-discriminatory legislative effort can be contaminated by racially tinged outside context. But that is not the allegation in Georgia, where the Justice Department asserts that the legislative process itself was flawed.The totality of the electoral systemPerhaps the most analytically significant twist in the court’s analysis is that it believes a state’s entire system of voting must be considered when evaluating the burden imposed by a provision.In a certain sense, it’s obvious that a state’s voting system affects whether a particular restriction imposes a great burden on voters. If Texas passed a law to require only a single in-person voting center per county, it might be tantamount to an end to free and fair elections in the state. But that’s the standard in Washington State, where nearly all votes are cast by mail.The court takes this proposition pretty far in the Arizona case. It implies that the availability of multiple, relatively easy options allows for restrictions on any particular option. It says, for instance, that the availability of no-excuse absentee voting — as opposed to universal vote by mail in Washington State — makes it easier to accept restrictions on in-person Election Day voting, even though many voters do not use mail voting and the opportunity to apply for a mail ballot has passed by the time Election Day rolls around.As a result, states offering more voting opportunities will probably find it easier to defend new voting restrictions. That’s probably good news for a state like Georgia, which has no-excuse absentee, early and Election Day voting. More

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    Why America’s Politics Are Stubbornly Fixed, Despite Momentous Changes

    The country is recovering from a pandemic and an economic crisis, and its former president is in legal and financial peril. But no political realignment appears to be at hand.In another age, the events of this season would have been nearly certain to produce a major shift in American politics — or at least a meaningful, discernible one.Over a period of weeks, the coronavirus death rate plunged and the country considerably eased public health restrictions. President Biden announced a bipartisan deal late last month to spend hundreds of billions of dollars rebuilding the country’s worn infrastructure — the most significant aisle-crossing legislative agreement in a generation, if it holds together. The Congressional Budget Office estimated on Thursday that the economy was on track to regain all of the jobs it lost during the pandemic by the middle of 2022.And in a blow to Mr. Biden’s fractious opposition, Donald J. Trump — the dominant figure in Republican politics — faced an embarrassing legal setback just as he was resuming a schedule of campaign-style events. The Manhattan district attorney’s office charged his company, the Trump Organization, and its chief financial officer with “sweeping and audacious” financial crimes.Not long ago, such a sequence of developments might have tested the partisan boundaries of American politics, startling voters into reconsidering their assumptions about the current president, his predecessor, the two major parties and what government can do for the American people.These days, it is hard to imagine that such a political turning point is at hand.“I think we’re open to small moves; I’m not sure we’re open to big moves,” said Mark Mellman, a Democratic pollster. “Partisanship has made our system so sclerotic that it isn’t very responsive to real changes in the real world.”Amid the mounting drama of the early summer, a moment of truth appears imminent. It is one that will reveal whether the American electorate is still capable of large-scale shifts in opinion, or whether the country is essentially locked into a schism for the foreseeable future, with roughly 53 percent of Americans on one side and 47 percent on the other.Mr. Biden’s job approval has been steady in the mid-50s for most of the year, as his administration has pushed a shots-and-checks message about beating the virus and reviving the economy. His numbers are weaker on subjects like immigration and crime; Republicans have focused their criticism on those areas accordingly.This weekend, the president and his allies have mounted something of a celebratory tour for the Fourth of July: Mr. Biden headed to Michigan, one of the vital swing states that made him president, while Vice President Kamala Harris traveled to Las Vegas to mark a revival of the nation’s communal life.On Friday, Mr. Biden stopped just short of declaring that happy days are here again, but he eagerly brandished the latest employment report showing that the economy added 850,000 jobs in June.“The last time the economy grew at this rate was in 1984, and Ronald Reagan was telling us it’s morning in America,” Mr. Biden said. “Well, it’s getting close to afternoon here. The sun is coming out.”Yet there is little confidence in either party that voters are about to swing behind Mr. Biden and his allies en masse, no matter how many events appear to align in his favor.Democratic strategists see that as no fault of Mr. Biden’s, but merely the frustrating reality of political competition these days: The president — any president — might be able to chip away at voters’ skepticism of his party or their cynicism about Washington, but he cannot engineer a broad realignment in the public mood.Mr. Mellman said the country’s political divide currently favored Mr. Biden and his party, with a small but stable majority of voters positively disposed toward the president. But even significant governing achievements — containing the coronavirus, passing a major infrastructure bill — may yield only minute adjustments in the electorate, he said.“Getting a bipartisan bill passed, in the past, would have been a game changer,” Mr. Mellman said. “Will it be in this environment? I have my doubts.”Russ Schriefer, a Republican strategist, offered an even blunter assessment of the chances for real movement in the electorate. He said that the receding of the pandemic had helped voters feel better about the direction the country is moving in — “the Covid reopening certainly helps with the right-track numbers” — but that he saw no evidence that it was changing the way they thought about their preferences between the parties.“I don’t think anything has particularly changed,” Mr. Schriefer said. “If anything, since November people have retreated further and further back into their own corners.”Supporters cheered former President Donald J. Trump during a rally in Ohio last month.Maddie McGarvey for The New York TimesAmerican voters’ stubborn resistance to external events is no great surprise, of course, to anyone who lived through the 2020 election. Last year, Mr. Trump presided over an out-of-control pandemic that killed hundreds of thousands of people and caused the American economy to collapse. He humiliated the nation’s top public health officials and ridiculed basic safety measures like mask wearing; threatened to crush mass demonstrations with military force; outlined no agenda for his second term; and delivered one of the most self-destructive debate performances of any presidential candidate in modern history.Mr. Trump still won 47 percent of the vote and carried 25 states. The trench lines of identity-based grievance he spent five years digging and deepening — pitting rural voters against urban ones, working-class voters against voters with college degrees, white voters against everybody else — saved him from an overwhelming repudiation.A Pew Research Center study of the 2020 election results released this past week showed exactly what scale of voter movement is possible in the political climate of the Trump era and its immediate aftermath.The electorate is not entirely frozen, but each little shift in one party’s favor seems offset by another small one in the opposite direction. Mr. Trump improved his performance with women and Hispanic voters compared with the 2016 election, while Mr. Biden expanded his party’s support among moderate constituencies like male voters and military veterans.The forces that made Mr. Trump a resilient foe in 2020 may now shield him from the kind of exile that might normally be inflicted on a toppled former president enveloped in criminal investigations and facing the prospect of financial ruin. Polls show that Mr. Trump has persuaded most of his party’s base to believe a catalog of outlandish lies about the 2020 election; encouraging his admirers to ignore his legal problems is an old trick by comparison.The divisions Mr. Trump carved into the electoral map are still apparent in other ways, too: Even as the country reopens and approaches the point of declaring victory over the coronavirus, the states lagging furthest behind in their vaccination campaigns are nearly all strongholds of the G.O.P. While Mr. Trump has encouraged his supporters to get vaccinated, his contempt for public health authorities and the culture of vaccine skepticism in the right-wing media has hindered easy progress.Yet the social fissures that have made Mr. Trump such a durable figure have also cemented Mr. Biden as the head of a majority coalition with broad dominance of the country’s most populous areas. The Democrats do not have an overwhelming electoral majority — and certainly not a majority that can count on overcoming congressional gerrymandering, the red-state bias of the Senate and the traditional advantage for the opposition party in midterm elections — but they have a majority all the same.And if Mr. Biden’s approach up to this point has been good enough to keep roughly 53 percent of the country solidly with him, it might not take a major political breakthrough — let alone a season of them — to reinforce that coalition by winning over just a small slice of doubters or critics. There are strategists in Mr. Biden’s coalition who hope to do considerably more than that, either by maneuvering the Democratic Party more decisively toward the political center or by competing more assertively with Republicans on themes of economic populism (or perhaps through some combination of the two).Mr. Biden’s aides have already briefed congressional Democrats several times on their plans to lean hard into promoting the economic recovery as the governing party’s signature achievement — one they hope to reinforce further with a victory on infrastructure.Faiz Shakir, who managed Senator Bernie Sanders’s 2020 presidential campaign, said Democrats did not need to worry about making deep inroads into Mr. Trump’s base. But if Mr. Biden and his party managed to reclaim a sliver of the working-class community that had recently shifted right, he said, it would make them markedly stronger for 2022 and beyond.“All you need to focus on is a 5 percent strategy,” Mr. Shakir said. “What 5 percent of this base do you think you can attract back?”But Mr. Shakir warned that Democrats should not underestimate the passion that Mr. Trump’s party would bring to that fight, or the endurance of the fault lines that he had used to reorganize American politics.“He has animated people around those social and racial, cultural, cleavages,” Mr. Shakir said of Mr. Trump. “That keeps people enthused. It’s sad but it is the case that that is going on.” More

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    Can the Senate Be Saved? Ben Nelson, the Manchin of Yesteryear, Has Doubts

    A former Democratic centrist senator says too many lawmakers come to Washington to obstruct rather than be constructive.WASHINGTON — The senator adamantly insisted on bipartisanship. As his fellow Democrats enthusiastically embraced major priorities of the new president, he threatened to withhold his crucial vote unless changes were made and Republicans brought on board. He was statistically the Democrat most likely to break with his party.His name was Ben Nelson, and he was the Joe Manchin of his day in 2009, when the incoming administration of Barack Obama was being tested by Republicans and could not succeed without the vote of the Democratic centrist from Nebraska.“In a way, I think I was,” said Mr. Nelson, accepting the comparison with Mr. Manchin, the high-profile but hard-to-nail-down senator from West Virginia whose vote is pivotal to advancing the agenda of President Biden and congressional Democrats. “Though probably not with quite as much publicity about it.”Mr. Nelson, like Mr. Manchin a popular former governor, was elected to the Senate in 2000. He retired after two terms in 2012, but has kept an eye on Washington and has become discouraged by what he sees.His coming memoir is titled “Death of the Senate,” and although Mr. Nelson concedes that the institution still has a pulse, he sees it as gasping for breath even as Mr. Biden and some current centrist members struggle to produce a semblance of bipartisanship.One main problem, Mr. Nelson suggests, is that too many members of Congress come to Washington determined to stop things from happening, rather than finding ways to make things happen while extracting benefits for their constituents and, hopefully, the nation as a whole.“I wanted to get something done; therefore, by bringing some people together or through my vote, I was able to get something done more than to stop things,” said Mr. Nelson, who was also in the middle of a 2005 effort to prevent Republicans from eliminating the filibuster on judicial nominees. “Everybody wanted to get something done. Maybe they had different ideas about what should be done or how you should do it. But it wasn’t just obstructionists.”That is a big difference from the current climate, he said, where a significant number of Republicans are committed to yielding no ground to Democrats.“It is not a governable situation in D.C. right now for the president or for Congress, because you have the commitment of the Republican leader to block everything and let nothing get through,” he said.Mr. Nelson is referring, of course, to Senator Mitch McConnell, Republican of Kentucky and the minority leader, whose determination to blockade Mr. Obama beginning in 2009 empowered Mr. Nelson in his dealings with the Obama administration.The dynamic is similar today, as Mr. McConnell’s zeal for stopping Mr. Biden’s agenda is giving leverage to Mr. Manchin and a few other Democrats. Mr. McConnell comes in for some tough criticism in Mr. Nelson’s book, which refers to the Republican leader as someone whose main interest is to “maintain a grip on political power and partisan advantage, come hell or high water.”Mr. Nelson, a Democrat, worked with Senator Susan Collins, Republican of Maine, to bring down the cost of the stimulus bill in 2009.Ruth Fremson/The New York TimesIn Mr. Nelson’s day, the situation was slightly different. Rather than the 50-50 split of today, Democrats controlled 57 votes in early 2009 — later to reach a filibuster-proof 60 for a brief period. And while Mr. Nelson was a constant target, the pool of centrists in both parties was larger then as congressional leaders and the White House sought to round up 60 votes to push through measures like an economic stimulus package and later the health care overhaul.Yet some aspects have remained remarkably similar. Then as now, Democrats like Mr. Nelson and Mr. Manchin, whose politics and constituents are more conservative than the rest of their party, come under withering pressure to drop their reservations and simply vote with the team. They also hold outsize sway, with the power to force their own leaders to jettison some priorities to accomplish major goals, and are by nature reluctant to reflexively side with their party even when the stakes are highest.As they look back on 2009, some progressive Democrats have been critical of their leaders’ willingness to bow to demands from Mr. Nelson and other moderates, saying it constrained the Obama administration. They worry that Mr. Biden is making a similar mistake in trying to bargain with Republicans and mollify Mr. Manchin.But Mr. Nelson said there was never really another option for getting things done.“It was either what we achieved as a compromise or perhaps nothing at all,” Mr. Nelson said. More expansive Obama-era proposals, he added, “didn’t have the votes. When people forget about vote-counting, you can be in La La Land all you want.”That is also true of Mr. Biden’s top priorities, nearly all of which lack the 60 votes needed to overcome a filibuster and cannot garner even a simple majority if Mr. Manchin refuses to sign on.Mr. Nelson balked at the initial stimulus proposal put forward by the Obama administration, writing in his book that the “House, under leadership from Speaker Nancy Pelosi, basically grabbed everything off the shelves that might be deemed economic stimulus and lumped it into an $819 billion package.”Working with Senator Susan Collins, Republican of Maine and an occasional collaborator, Mr. Nelson organized a group — a gang, as they were known at the time — to press for the cost of the stimulus to be pared down and devote more to projects guaranteed to create jobs, eliminating some of the party’s priorities. It passed with the support of all Democrats and three Republicans, and has been criticized ever since for being inadequate.Mr. Nelson then played a major role in shaping and finally approving the Affordable Care Act, holding out over a provision that he said would put an undue burden on states by requiring them to expand Medicaid.Harry Reid, Democrat of Nevada and the majority leader who was pulling out all the stops to pass the measure, suggested that the bill include $100 million to cover the costs to Nebraska. Republicans, even some Mr. Nelson had worked closely with, quickly derided it as the “Cornhusker kickback,” and the name stuck. Mr. Nelson said that the proposal was misconstrued and was simply a place-holder as the administration worked out a more permanent solution and options for states.“For my part, I had faced a critical choice,” Mr. Nelson writes, “to legislate or to vacate. I chose to legislate. Had I chosen the path taken by the Republicans, I could have just sailed along say no, no no.”“The political consequences in my largely red state would be considerably less for vacating than the benefits accrued for legislating,” he said. “But I couldn’t have lived with myself.”Mr. Nelson supported the bill, becoming the 60th vote for its approval. But the political damage was done as the news coverage of the special provision caused his popularity to drop back home. At the same time, the health care debate was fueling the Tea Party and made the bipartisanship that drove Mr. Nelson a dirty word.“There was a new element in Congress, a kind of political virus that would virtually kill bipartisanship,” he writes in his book. “There was a restive mood emerging in the conservative areas of the country, a movement of small-government, or antigovernment activists who had been, since the TARP bailout, demanding that their elected representatives stop working on a bipartisan basis with Democrats.”Despite the gridlock and combative partisanship that has swept the Senate, Mr. Nelson said he opposed eliminating the filibuster. In fact, he would like to see the 60-vote threshold restored for executive branch nominees.He acknowledged that the push for bipartisanship can be time-consuming and frustrating, but that he believed that the Senate was still capable of a change in culture.“It doesn’t happen at all if you just quit and say, ‘I’m not trying,’” he said.But if the people in the Senate cannot change, he said, it will be up to voters to change the Senate.“The change is going to come most likely from people back home saying enough is enough,” he said. “I hope the people back home begin to ask the question of anybody running for the House and the Senate: ‘Are you going to put the county and your state ahead of party? Are you going to be a patriot or are you just going to be partisan?’ Because they aren’t equivalent.” More

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    The Strange, Sad Death of America’s Political Imagination

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