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    Can Lee Zeldin Reinvent His Way to the NY Governor’s Mansion?

    SHIRLEY, N.Y. — As a young U.S. Army lawyer of unmistakable ambition, Lee Zeldin could almost see his future unfurling before him. It was his first stint in Iraq, and he was already imagining the kind of distinguished career in uniform that would have laid the groundwork for one in politics.Then a Red Cross message arrived on the base where Mr. Zeldin was embedded as a captain with the 82nd Airborne Division. His girlfriend had gone into dangerously premature labor with twin girls. Doctors were not optimistic about the babies’ survival. His commanding officer sent him home to mourn.“This I vividly remember the emotion of,” Mr. Zeldin, now a conservative congressman, recalled in a recent interview. “My priorities became all about my daughters.”The girls survived after months in the hospital. But rather than returning to Iraq, Mr. Zeldin took a desk job back at Fort Bragg in North Carolina, got married and then was discharged. At just 27, he found that the life he had imagined had veered off course.It was not the first time, nor the last. As a high school senior here on the South Shore of Long Island, Mr. Zeldin sought a prestigious appointment to West Point, only to fall short. After leaving the Army in 2007, he almost immediately entered a race for Congress, hoping to jump-start his political career. He lost in a blowout.But in every case, Mr. Zeldin has shown aptitude for finding a quick path to reinvention that has helped fuel his political ascent. Now, at age 42, it has put him closer than any Republican since George E. Pataki two decades ago to one of the nation’s most influential political posts, the governorship of New York.A few hundred Zeldin supporters attended a rally on Monday in Westchester County, traditionally an area controlled by Democrats. Brittainy Newman for The New York TimesThough Gov. Kathy Hochul, the Democratic incumbent, remains the front-runner, Mr. Zeldin’s late surge in the polls has shocked even political strategists and sent Democrats scrambling to prop up their candidate. With Ms. Hochul’s huge war chest and a vast Democratic registration advantage, few expected Mr. Zeldin to come close to winning, and perhaps with good reason: He does not easily fit the profile of a New York power player.In a state shaped by wealthy business interests and often governed by larger-than-life personalities and family dynasties, Mr. Zeldin is an outlier. He grew up in law enforcement households of modest means. He can be introverted and awkward with voters. And in a state dominated by the political left, he is probably the most conservative serious contender for the governorship in modern memory — even voting to overturn the 2020 election on Jan. 6, 2021.Yet a careful review of his public and private life, including two dozen interviews with family, friends, colleagues and critics, shows that Mr. Zeldin’s emergence as a political force stems from decades of meticulous planning, comfort with taking risks, well-timed alliances with more powerful Republicans and, above all, a knack honed from a young age for what allies call adaptation but his critics view as a more cynical political shape-shifting.Those qualities have been on full display in this fall’s campaign, as Mr. Zeldin moved swiftly to tap into two powerful currents of discontent that Democrats appear to have misjudged and that threaten to scramble the state’s usual political order: painful inflation eroding New Yorkers’ sense of financial well-being and fears about rising crime.“He’s grabbed the right issues and hasn’t let go,” said Rob Astorino, who lost to Mr. Zeldin in this year’s Republican primary.Mr. Zeldin, center, has heavily courted the Hasidic vote during his campaign stops in New York City, including a recent visit to Williamsburg, Brooklyn.Andrew Seng for The New York TimesBut his instincts have also been evident as he tries to execute another on-the-fly transformation, playing down hard-line positions that served him well while he climbed the Republican ranks in Albany and Washington but are now politically inconvenient, while offering scant details on some of his latest policy proposals.Who Is Lee Zeldin Up Against?Card 1 of 5Gov. Kathy Hochul’s rise to power. More

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    Republicans Float Changes to Social Security and Medicare

    Democrats have seized on Republican proposals to limit retirement benefits to galvanize voters ahead of the midterm elections.WASHINGTON — Congressional Republicans, eyeing a midterm election victory that could hand them control of the House and the Senate, have embraced plans to reduce federal spending on Social Security and Medicare, including cutting benefits for some retirees and raising the retirement age for both safety net programs.Prominent Republicans are billing the moves as necessary to rein in government spending, which grew under both Republican and Democratic presidents in recent decades and then spiked as the Trump and Biden administrations unleashed trillions of dollars in economic relief during the pandemic.The Republican leaders who would decide what legislation the House and the Senate would consider if their party won control of Congress have not said specifically what, if anything, they would do to the programs.Yet several influential Republicans have signaled a new willingness to push for Medicare and Social Security spending cuts as part of future budget negotiations with President Biden. Their ideas include raising the age for collecting Social Security benefits to 70 from 67 and requiring many older Americans to pay higher premiums for their health coverage. The ideas are being floated as a way to narrow government spending on programs that are set to consume a growing share of the federal budget in the decades ahead.The fact that Republicans are openly talking about cutting the programs has galvanized Democrats in the final weeks of the midterm campaign. Mr. Biden has made securing Social Security and Medicare a late addition to his closing economic messaging, and Democratic candidates have barraged voters with a flurry of advertisements claiming Republicans would dismantle the programs and deny older adults benefits they have counted on for retirement.Mr. Biden has repeatedly said he will not agree to cuts to Social Security, which provides retirement and disability pay to 66 million Americans, or Medicare, which provides health insurance to about 64 million people.“You’ve been paying into Social Security your whole life. You earned it. Now these guys want to take it away,” Mr. Biden said during a visit to Hallandale Beach, Fla., on Tuesday. “Who in the hell do they think they are? Excuse my language.”The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.A Pivotal Test in Pennsylvania: A battle for blue-collar white voters is raging in President Biden’s birthplace, where Democrats have the furthest to fall and the most to gain.Governor’s Races: Democrats and Republicans are heading into the final stretch of more than a dozen competitive contests for governor. Some battleground races could also determine who controls the Senate.Biden’s Agenda at Risk: If Republicans capture one or both chambers of Congress, the president’s opportunities on several issues will shrink. Here are some major areas where the two sides would clash.Ohio Senate Race: Polls show Representative Tim Ryan competing within the margin of error against his G.O.P. opponent, J.D. Vance. Mr. Ryan said the race would be “the upset of the night,” but there is still a cold reality tilting against Democrats.Former President Barack Obama, who campaigned last week in Wisconsin for the state’s Democratic candidate for Senate, Mandela Barnes, excoriated Senator Ron Johnson, the incumbent Republican, over his plans for the legacy programs. Mr. Obama faulted Mr. Johnson for supporting tax breaks for the wealthy that were included in Republicans’ 2017 tax cut legislation, along with spending proposals that Mr. Obama said jeopardized Social Security’s future.American retirees “had long hours and sore backs and bad knees to get that Social Security,” Mr. Obama said. “And if Ron Johnson does not understand that — if he understands giving tax breaks for private planes more than he understands making sure that seniors who have worked all their lives are able to retire with dignity and respect — he’s not the person who’s thinking about you and knows you and sees you, and he should not be your senator from Wisconsin.”Mr. Johnson has proposed subjecting Social Security and Medicare to annual congressional spending bills instead of operating essentially on autopilot as they do now. That would leave the programs susceptible to Washington’s frequent and fraught debates over funding the government, making it more difficult for retirees to count on a steady stream of benefits.Still, Mr. Johnson does not hold a leadership position, and it is unclear whether his ideas — or any of the more aggressive proposals presented by those in his party — would find purchase with Republican leaders. This week, he said that Mr. Obama had “lied” about his proposal and that he had never called for Social Security cuts.Mr. Biden and other Democrats have also criticized a plan from Senator Rick Scott of Florida, the chairman of the Senate Republicans’ campaign arm, who has proposed subjecting nearly all federal spending programs to a renewal vote every year. Like Mr. Johnson’s plan, that would make Medicare and Social Security more vulnerable to budget cuts.Senator Mitch McConnell of Kentucky, the Republican leader, said this year that a bill to sunset those programs every five years “will not be part of a Republican Senate majority agenda.”Still, the fact that key Republicans are openly broaching spending cuts to Social Security and Medicare — or declining to rule them out — is a break from former President Donald J. Trump, who campaigned on a promise to leave the programs intact.With President Biden in the White House, Republicans have little chance of securing changes to Medicare or Social Security.Tom Brenner for The New York TimesSeveral conservative Republicans vying to lead key economic committees in the House have suggested publicly that they would back efforts to change eligibility for the safety net programs. The conservative Republican Study Committee in the House, which is poised to assume a position of influence if the party claims the majority, has issued a detailed plan that would raise the retirement age for both programs and reduce Social Security benefits for some higher-earning retirees. The plan would increase premiums for many older adults and create a new marketplace where a government Medicare plan competes with a private alternative, in what many Democrats call partial privatization of the program.Representative Kevin McCarthy of California, who is in line to be House speaker if his party wins control, told Punchbowl News last month he would not “predetermine” whether Social Security and Medicare cuts would be part of debt-limit negotiations. Those comments suggested that, unlike in past negotiations, Republicans could demand future cuts to the programs in order to raise America’s borrowing limit and avoid a default on government debt. Mr. McCarthy later told CNBC that he had not brought up the programs and was committed to “strengthening” them, though he did not provide details.Asked whether Mr. McConnell would support any changes to the programs should Republicans capture the majority, aides pointed only to his specific comments about Mr. Scott’s plan.With Mr. Biden in the White House, Republicans have little chance of securing changes to either program.Democratic candidates and outside groups supporting them have spent $100 million nationwide this election cycle on ads mentioning Social Security or Medicare, according to data from AdImpact. Nearly half of that spending has come since the start of October.“Far-right extremists are gutting retirement benefits,” a narrator says in an advertisement targeting Cassy Garcia, a Republican seeking to unseat Representative Henry Cuellar, a Democrat, in a fiercely contested Texas district. “They’ll slash Medicare and Social Security — benefits we paid for with every paycheck.”Republicans have campaigned far less on the programs, spending about $12 million this cycle on ads mentioning them. Republican candidates have largely embraced repealing the Inflation Reduction Act, which Mr. Biden signed in August and which reduces prescription drug costs for seniors on Medicare. Some candidates have begun pushing back against Democratic attacks about Social Security and Medicare.In a recent ad, Don Bolduc, a Republican challenging Senator Maggie Hassan, Democrat of New Hampshire, says he will not “cut Social Security and Medicare for older Americans,” though it remains unclear if he would reduce benefits for future retirees. Mr. Bolduc spoke in favor of privatizing Medicare in August, Politico reported this fall.Democrats and Republicans largely agree Congress will need to ensure the solvency of the programs in the decade to come. Spending for the programs is projected to balloon in the coming decade as more baby boomers retire. The trustees of the Social Security and Medicare trust funds estimate that a key Medicare trust fund will run out of money in 2028 and the main Social Security Trust Fund will be insolvent in 2034, potentially forcing cuts in benefits if Congress does not act to avoid them.In the 2020 campaign, Mr. Biden proposed raising payroll taxes on high earners to help fund Social Security, while also making the program’s benefits more generous for many workers. He put that plan on the back burner in his first two years in office, as he pushed a sweeping economic agenda that included new spending on infrastructure, low-emission energy, health care and advanced manufacturing. Republicans largely oppose Mr. Biden’s tax increases.Fiscal hawks said this week that Mr. Biden’s attempts to wield Social Security and Medicare against Republicans in the midterms would only set back efforts to shore up the programs.“This is clearly election-time pot stirring,” said Maya MacGuineas, the president of the Committee for a Responsible Federal Budget in Washington. “Changes desperately need to be made to the programs to ensure solvency — politicians can disagree about what changes to make, but not whether they need to be made. It’s highly disappointing to hear the president, who knows better, resort to fearmongering rather than using his platform to help enact needed changes.”Emily Cochrane More

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    Patty Murray Faces Stiff Challenge From Tiffany Smiley in Senate Race

    SEATTLE — Ahead of their first election in Washington State, Carys Hagen and her partner, Shaw Lenox, stumbled upon a rally held for Senator Patty Murray, a Democrat, on a stage in the corner of the Seattle Center.“Like, don’t love,” said Ms. Hagen, who identifies as a socialist, summing up her feelings about Ms. Murray after listening to the opening minutes of her stump speech. “But I’ll take ‘like’ any day of the week.”For Ms. Murray, who is facing a surprisingly tough race after three decades in Congress, the lack of enthusiasm is reason for concern.“If they just — ‘Oh, Patty’s fine, she always has been’ — that’s when elections get really tight,” Ms. Murray said in an interview. “Because we need Democrats to vote.”Since she first won her seat in 1992, Ms. Murray has steadily climbed the ranks to wield heavy, though understated, influence as a senior member of leadership and the chairwoman of the Senate committee that focuses on health, labor and education. Should she win a sixth term next week, she will be the fourth most senior senator and in line to be the top Democrat on the powerful Appropriations Committee that controls government spending.But her re-election hinges in large part on voters like Ms. Hagen putting aside their frustrations with a national party that has fallen short of some of its most expansive policy ambitions and casting a vote for Ms. Murray, whom many of them have come to regard as a fixture who will be there no matter what.She is working to fend off a surprisingly stiff challenge from Tiffany Smiley, a Republican who is mounting her first run for public office after years as a nurse, veterans affairs advocate and caregiver.Ms. Murray has spent the final weeks of her campaign trying to ward off complacency within her party.“We are a Democratic state,” she told a group at a “pro-choice, pro-Patty, pro-coffee” event at a local Seattle coffee shop. “If people vote.”In an open primary this year, Ms. Murray easily bested Ms. Smiley, winning more than 52 percent of the vote to Ms. Smiley’s nearly 34 percent, and she is still seen as the favorite to prevail. But Republicans have continued to funnel millions of dollars into Washington State, Ms. Smiley has out-raised the incumbent senator and polls have tightened in recent weeks, rattling some Democrats.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.A Pivotal Test in Pennsylvania: A battle for blue-collar white voters is raging in President Biden’s birthplace, where Democrats have the furthest to fall and the most to gain.Governor’s Races: Democrats and Republicans are heading into the final stretch of more than a dozen competitive contests for governor. Some battleground races could also determine who controls the Senate.Biden’s Agenda at Risk: If Republicans capture one or both chambers of Congress, the president’s opportunities on several issues will shrink. Here are some major areas where the two sides would clash.Ohio Senate Race: Polls show Representative Tim Ryan competing within the margin of error against his G.O.P. opponent, J.D. Vance. Mr. Ryan said the race would be “the upset of the night,” but there is still a cold reality tilting against Democrats.If Ms. Smiley — who is 41, the same age Ms. Murray was when she first announced her run for office — were to prevail, she would be the state’s first Republican senator in more than two decades.Underscoring the severity of Ms. Smiley’s challenge in what political handicappers considered a safely Democratic seat until this month, multiple high-profile surrogates have trekked to Washington to rally for Ms. Murray and try to galvanize Democratic voters who they fear might fail to turn out for midterm elections in a typically liberal state.Tiffany Smiley, center, a nurse and veterans affairs advocate, is challenging Ms. Murray.Chona Kasinger for The New York TimesVice President Kamala Harris headlined a donor gathering in the state last week, as well as an event highlighting investments from the $1 trillion infrastructure law. Senator Elizabeth Warren of Massachusetts came to rally supporters for Ms. Murray, a cerebral politician more comfortable in a private negotiation than at a raucous rally.“Patty is not the first person to jump into the spotlight; she’s not the loudest in high-volume debate,” Ms. Warren said in an interview before she walked out with Ms. Murray to Dolly Parton’s working woman’s anthem, “9 to 5.” “But she is effective — anyone who underestimates her is going to find out that they’re on the losing end.”Ms. Murray, 72, has also made a point of crisscrossing the Seattle suburbs and other parts of the state to connect with local leaders and ensure that her core Democratic supporters are turning out to vote. On a gray, drizzly Friday before the rally, she shuttled from a meeting with leaders at a historic Black church to visits with Asian American political leaders and businesses in the city’s international district.In prepared remarks that tick through her legislative accomplishments, she revisits the themes that helped pave her path to Washington three decades ago: the lore of how a male legislator dismissed her as a “mom in tennis shoes” — a slight that she adopted as her campaign calling card — her desire to protect women’s rights and a push to provide affordable health care.She has also focused on the Supreme Court’s decision to overturn Roe v. Wade, the landmark decision establishing a right to an abortion, and vowed to codify it into a law — a message that has resonated in the deep-blue suburbs and cities like Seattle.“We had this assurance for 50 years that we could make choices about our bodies,” said L’Nayim Austin, 51, who brought her 10-year-old daughter, dressed as a suffragist, to see Ms. Murray speak. “It’s infuriating.”Senator Elizabeth Warren, left, campaigned with Ms. Murray in Seattle in late October.Lindsey Wasson for The New York TimesMs. Murray has focused her campaign on turning out Democratic voters and supporting reproductive rights.Lindsey Wasson for The New York TimesAt her campaign office, where there are well-worn posters from previous campaigns scattered around, Ms. Murray described the election as challenging because “this time I have someone who isn’t telling people who she really is, and that’s much harder — she’s trying to look moderate, be conservative without telling anybody.”Ms. Smiley, who has pointedly noted that Ms. Murray once made a speech on the Senate floor praising her, has distanced herself from some conservative stances, saying she will not support a federal ban on abortion access or cutting back Social Security benefits. She has centered her campaign on reducing federal spending, addressing crime and increasing security at the nation’s southern border.And pressed in a recent interview, she asserted that President Biden is the nation’s “legitimately elected president,” though earlier in the campaign cycle, she dodged questions about whether he had been legitimately elected.That has led Ms. Murray and her allies to frame Ms. Smiley as aligned with the Republican Party’s far-right extremists, airing ads evoking the Jan. 6 riot and the prospect of cuts to social safety net programs. Ms. Smiley has accused her opponent of relying on political talking points to hide an ineffective policy record.“Maybe some of Senator Murray’s intentions are good, but we can’t base policy off of intentions,” Ms. Smiley said in an interview aboard her campaign bus, where she criticized many of Ms. Murray’s policies. “It’s very, very dangerous. Policy has to be based off of results.”Supporters have also connected with Ms. Smiley’s emotional recollection of her years of caregiving and advocacy, after her husband, Scotty, was blinded in a suicide car bomb attack in Iraq and became the first blind active-duty officer in the Army.At a rally kicking off her bus tour across the state, Ms. Smiley held back tears as she talked about her husband’s encouragement for her political campaign, reiterating a pledge to work so “that our children have a country worth giving their eyesight for” as the crowd murmured and cheered in approval. She will linger after events to warmly embrace supporters and pose for selfies, thanking them for their prayers ahead of the election.“She’s probably the one and only person maybe in the state who can beat Patty Murray,” said Angela Dabb, a small-business owner and Republican who attended an event on Ms. Smiley’s bus tour at Nana’s Southern Kitchen, a restaurant in Covington that boasted fried chicken and catfish. “I was in tears — and so when a politician can move you like that, you know it’s coming from their heart.”Supporters of Ms. Smiley have connected with her emotional recollection of caregiving and advocacy, after her husband was permanently blinded in a suicide bomb attack in Iraq.Chona Kasinger for The New York TimesA crowd of more than 100 people applauded Ms. Smiley as she kicked off her bus tour in Maple Valley, Wash.Chona Kasinger for The New York TimesAt stops along Ms. Smiley’s bus tour, attendees described frustration with years of Democratic control in their state and across the country. For multiple voters, it was the first time they had decided to volunteer for a campaign and attend events, seeing a glimmer of hope that Republicans could not only claim a seat in the Senate, but also flip at least one in the House.Ms. Smiley, for her part, has also worked to weaponize Ms. Murray’s decades on Capitol Hill, riffing off Ms. Murray’s own motto to brand herself “a new mom in town.” At a bar in Maple Valley a short drive outside Seattle, where she began the bus tour, a raucous crowd of more than 100 people cheered and applauded as Ms. Smiley appeared with her husband, accompanied by Senator Joni Ernst, Republican of Iowa, and a soundtrack of Americana classics.They whooped and laughed as Ms. Ernst joined other national Republicans in lampooning Ms. Murray’s more taciturn affect, noting “I don’t know that I’ve seen her smile once” and calling for a change in representation.But Ms. Murray remained adamant that there was more for her to do in the Senate.“When I was running before, it was — we had no voices in the Senate, there wasn’t anybody in the rooms who could say what we needed to say,” she said, reflecting on her first campaign, in what would become known as the “year of the woman.” “I’m now in that room, but I need to be in that room by being elected.”Ms. Smiley’s supporters described frustration with years of Democratic control both in their state and across the country.Chona Kasinger for The New York Times More

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    As Stakes Rise, State Supreme Courts Become Crucial Election Battlegrounds

    Pivotal issues like abortion, gerrymandering and voting have been tossed into state justices’ laps. Politicians, ideological PACs and big money are following.WASHINGTON — State supreme court races, traditionally Election Day afterthoughts, have emerged this year as crucial battlefields in the struggle over the course of American democracy, attracting a torrent of last-minute money and partisan advertising.In Ohio, an arm of the national Democratic Party funneled a half-million dollars last month into a super PAC backing three Democratic candidates for the high court. In North Carolina, a state political action committee with ties to national Republicans gave $850,000 last week to a group running attack ads against Democratic state supreme court candidates.On another level entirely, Fair Courts America, a political action committee largely bankrolled by the Schlitz brewing heir and shipping supplies billionaire Richard E. Uihlein and his wife, Elizabeth, has pledged to spend $22 million supporting deeply conservative judicial candidates in seven states.The motivation behind the money is no mystery: In states like Ohio, North Carolina and Michigan, partisan control of supreme courts is up for grabs, offering a chance for progressives to seize the majority in Ohio and for conservatives to take power in North Carolina and Michigan. In Illinois, competing billionaires are fueling court races that offer Republicans their first chance at a Supreme Court majority in 53 years.The implications of victory are profound. As the U.S. Supreme Court continues to offload crucial legal questions to the states, state courts have abruptly become final arbiters of some of America’s most divisive issues — gun rights, gerrymandering, voting rights, abortion. In heavily gerrymandered states, justices have the potential to be the only brake on one-party rule.And as Republican politicians continue to embrace election denialism, high courts could end up playing decisive roles in settling election disputes in 2024.Undertones of politics are hardly new in state court campaigns. But the rise of big money and hyperpartisan rhetoric worries some experts.Once, it was businesses that sought to elect judges whose rulings would fatten their bottom lines, said Michael J. Klarman, a constitutional scholar at Harvard University.“The contest now is over democracy,” he said, “over gerrymandering, over easing restrictions on the ballot, over efforts to re-enfranchise felons.” “It’s not a stretch to say the results affect the status of our democracy as much as what the Supreme Court does,” he said.An abortion rights demonstrator in Detroit in June after the U.S. Supreme Court’s decision to overturn a constitutional right to abortion.Emily Elconin/Getty ImagesMany judicial candidates shy away from being perceived as politicians. Even candidates in hotly fought races tend to follow legal ethics guidelines limiting statements on issues they might have to decide.But others can be increasingly nonchalant about such perceptions.State Representative Joe Fischer is openly running for the nonpartisan Kentucky Supreme Court as an anti-abortion Republican, with $375,000 in backing from a national G.O.P. committee whose ads cast him as a firewall against the “socialist agenda” of President Biden. Fair Courts America is pouring $1.6 million into backing him and two others seeking judicial seats.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.A Pivotal Test in Pennsylvania: A battle for blue-collar white voters is raging in President Biden’s birthplace, where Democrats have the furthest to fall and the most to gain.Governor’s Races: Democrats and Republicans are heading into the final stretch of more than a dozen competitive contests for governor. Some battleground races could also determine who controls the Senate.Biden’s Agenda at Risk: If Republicans capture one or both chambers of Congress, the president’s opportunities on several issues will shrink. Here are some major areas where the two sides would clash.Ohio Senate Race: Polls show Representative Tim Ryan competing within the margin of error against his G.O.P. opponent, J.D. Vance. Mr. Ryan said the race would be “the upset of the night,” but there is still a cold reality tilting against Democrats.The three Republicans on the Ohio Supreme Court ballot — all sitting justices — raised eyebrows by appearing at a rally in Youngstown on Sept. 17 for former President Donald J. Trump, who repeated the lie that the 2020 election “was rigged and stolen and now our country is being destroyed.”Mr. Trump singled out the three for praise, saying, “Get out and vote for them, right? Vote. Great job you’re doing.” Later, two of the three declined to confirm to The Columbus Dispatch that the 2020 election results were legitimate, saying judicial ethics forbade them from commenting on issues under litigation. (The state ethics code indeed bars comments on pending legal issues in any state, though its scope is unclear. A spokesman for the candidates said a challenge to the election had recently been filed in Michigan.)Three weeks later, Cleveland television station WEWS reported that the three had stated on candidate surveys compiled by Cincinnati Right to Life that there is no constitutional right to abortion — an issue under review, or sure to be reviewed, in state courts nationwide.“People are starting to feel like judges are nothing more than politicians in robes,” said William K. Weisenberg, a former assistant executive director of the Ohio State Bar Association. “What we see evolving now — and it’s very, very dangerous for our society — is a loss of public trust and confidence in our justice system and our courts.”The battles reflect the rising stakes in rulings over voting and electoral maps that conceivably could determine control of Congress in close elections.The Ohio Supreme Court voted 4-3 this year — several times — to invalidate Republican gerrymanders of state legislative and congressional districts. Those maps remain in effect, under federal court order, but the court chosen this month will decide whether new maps that must be drawn for the 2024 election are valid.In North Carolina, another 4-3 vote struck down Republican-drawn gerrymanders in January, changing a map that guaranteed Republicans as many as 11 of 14 congressional seats into one that split the seats roughly equally.Michigan’s court ordered an abortion-rights referendum onto the November ballot after a canvassing board deadlocked along party lines on Aug. 31 over whether to do so. The next Supreme Court in Illinois is likely to decide disputes over abortion and gun rights.The courts’ role has also been amplified as political norms have lost sway and some legislatures have moved to expand their power.In Wisconsin, the Republican-gerrymandered State Senate has given itself broad authority over the composition of state boards and commissions simply by refusing to confirm new board members nominated by Gov. Tony Evers, a Democrat. The state court upheld the tactic by a 4-3 vote along ideological lines in June, allowing Republican board members to keep their seats even though Governor Evers has statutory power to nominate replacements.Not all states elect members of their highest courts. Governors fill most of the 344 posts, usually with help from nominating commissions, though that hardly takes politics out of the selection.In the 22 states that elect judges — some others require periodic voter approval of judges in retention elections — most races are fairly free of mudslinging and big-ticket intervention by outside groups.But rising politicization nevertheless has had a measurable and growing impact.Since in the late 1980s, voters’ choices in state supreme court races have aligned ever more consistently with their political preferences in county elections, the University of Minnesota political scientist and legal scholar Herbert M. Kritzer found in a 2021 study.“At this stage,” he said, “identification with the parties has become so strong in terms of what it means for people that I don’t know if you’ve got to say another thing other than ‘I’m a Republican’ or ‘I’m a Democrat.’”An analysis of social science studies by the Brennan Center for Justice at New York University also suggested that campaign pressures influence how judges rule. The analysis found that judges facing re-election or retention campaigns tended to issue harsher rulings in criminal cases.One telling statistic: Over a 15-year span, appointed judges reversed roughly one in four death sentences, while judges facing competitive elections — which frequently are clotted with ads accusing them of being soft on crime — reversed roughly one in 10.If past elections are any guide, the final days of midterm campaigning will see a deluge of spending on advertising aimed at drawing voters’ attention to contests they frequently overlook.Many ads will be negative. Indeed, ads financed by outside groups — virtually all focused on abortion rights or crime — markedly resemble ones for congressional or statewide offices.Ohio is typical. In one commercial run by a PAC representing the Ohio Chamber of Commerce, a young girl with a backpack strolls down a neighborhood street. An announcer warns: “There’s danger among us. Jennifer Brunner made it easier for accused murderers, rapists, child molesters to return to our streets.”Ohio Supreme Court justice Pat Fischer speaks during the Fairfield County Lincoln Republican Club banquet in March.Paul Vernon/Associated PressAnother ad, by the progressive PAC Forward Justice, reprises the recent story of a 10-year-old Ohio girl who had to leave the state to obtain an abortion after being raped. An announcer adds: “Pat DeWine said women have no constitutional right to abortion. Pat Fischer even compared abortion to slavery and segregation.”Ms. Brunner, a Democrat and an associate justice of the Supreme Court, is running to be chief justice. Mr. Fischer and Mr. DeWine, both Republican associate justices, are seeking re-election.Candidates and interest groups spent at least $97 million on state supreme court races in the 2020 election cycle, according to the Brennan Center. Spending records are all but certain to be set this year in some states, said Douglas Keith, the Brennan Center’s counsel for democracy programs.Conservatives have long outspent liberals on state court races. Besides Fair Courts America’s $22 million commitment, the Republican State Leadership Committee, an arm of the national party long involved in state court races, plans to spend a record $5 million or more on the contests.Supreme Court races in Illinois are legendary for being matches of billionaire contributors — on the left, Gov. J.B. Pritzker, whose family owns the Hyatt hotel chain, and on the right, Kenneth C. Griffin, a hedge-fund manager.But outsiders are rivaling their contributions. An Illinois group backed by trial lawyers and labor unions, All for Justice, said it will spend at least $8 million to back Democratic candidates.Outside spending has been exceedingly rare in states like Kentucky and Montana, but even there, things are becoming more politicized. In Montana, where a 1999 State Supreme Court ruling recognized abortion as a constitutional right, conservative groups are seeking to unseat a justice appointed by a Democratic governor in 2017. The state’s trial attorneys and Planned Parenthood have rallied to her defense.In northern Kentucky, the Republican anti-abortion candidate, Joseph Fischer, is opposing Justice Michelle M. Keller, a registered independent.Mr. Fischer did not respond to a telephone call seeking an interview. Ms. Keller said the partisan attacks from independent groups swirling around her race were “new ground.”“This will have a chilling effect on the quality of judges if we’re not careful,” she said. “Good lawyers, the kind of people you want to aspire to the bench, won’t do it. You can make much more money in private practice.” More

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    Biden, in Midterm Campaign Pitch, Focuses on Social Security and Medicare

    MIAMI GARDENS, Fla. — President Biden pressed his argument on Tuesday that a Republican victory in next week’s midterm congressional elections would endanger Social Security and Medicare, bringing his case to the retirement haven of Florida, where the politics of the two programs resonate historically.During a whirlwind one-day swing through vote-rich South Florida, Mr. Biden took credit for legislation he pushed through Congress to curb the cost of prescription drugs for Medicare recipients and asserted that Republicans plan to undermine the foundations of the two major government programs benefiting older Americans.“They’re coming after your Social Security and Medicare, and they’re saying it out loud,” Mr. Biden told a crowd at his first full-fledged campaign rally since Labor Day. By contrast, he boasted that Social Security just approved an 8.7 percent increase in benefits, the largest in four decades. “The checks are going to go up and the Medicare fees are going to go down at the same time. And I promise you: I’ll protect Social Security. I’ll protect Medicare. I’ll protect you.”The president has turned increasingly to stark warnings about Social Security and Medicare in the closing days of the campaign, banking on a traditional Democratic issue to galvanize older voters, who tend to turn out more reliably during midterm elections than other generations. Republicans complain that such “Mediscare” tactics unfairly distort their position and reflect desperation by Democrats on the defensive over inflation, which is near a 40-year high.As he presented Republicans as the party of radicalism during his stops on Tuesday, Mr. Biden chastised some of its prominent figures for not taking an attack early Friday on Speaker Nancy Pelosi’s husband seriously and spreading conspiracy theories about it.More on Social Security and RetirementEarning Income After Retiring: Collecting Social Security while working can get complicated. Here are some key things to remember.An Uptick in Elder Poverty: Older Americans didn’t fare as well through the pandemic. But longer-term trends aren’t moving in their favor, either.Medicare Costs: Low-income Americans on Medicare can get assistance paying their premiums and other expenses. This is how to apply.Claiming Social Security: Looking to make the most of this benefit? These online tools can help you figure out your income needs and when to file.“Look at the response of Republicans, making jokes about it,” Mr. Biden said at an earlier fund-raising reception for former Gov. Charlie Crist, who is seeking to reclaim his old office. “The guy purchases a hammer to kneecap” the woman who stands second in line to the presidency, he said of the assailant, and some Republicans brushed it off. “These guys are extremely extreme,” he said.The president’s trip to Florida opened a final week of campaigning before next Tuesday’s vote, but it did not go without its bumps. Mr. Biden, who at 79 is the oldest president in American history, fumbled at one point during his first talk of the day, confusing the American war in Iraq with the Russian war in Ukraine. While trying to correct himself, he then misstated how his son Beau, who served in the Delaware Army National Guard in Iraq, died in 2015.“Inflation is a worldwide problem right now because of a war in Iraq and the impact on oil and what Russia is doing,” Mr. Biden told a crowd at O.B. Johnson Park in Hallandale Beach. “Excuse me, the war in Ukraine,” he said. To explain, he told the audience, “I think of Iraq because that’s where my son died.” Then he seemed to catch himself again and sought to amend his words one more time. “Because, he died,” he said, apparently referring to his belief that Beau’s brain cancer stemmed from his service in Iraq and exposure to toxic burn pits.In addition to Florida, Mr. Biden’s travels this week are expected to take him to New Mexico, California, Pennsylvania and Maryland. With anemic approval ratings, the president is avoiding some of the most competitive states, like Arizona, Georgia and Ohio, where Democrats are not eager to have him at their side. But he will join former President Barack Obama on Saturday in Pennsylvania, where Mr. Biden was born, to bolster John Fetterman’s campaign for Senate, one of the hottest and tightest races in the country.Florida would seem to be fertile territory for Mr. Biden, given that the Inflation Reduction Act, which he signed into law after it passed on party-line votes this summer, caps out-of-pocket prescription drug expenses for Medicare recipients, limits the cost of insulin and empowers the government to negotiate lower prices with pharmaceutical companies, longtime goals of many older Americans. “We beat Big Pharma,” Mr. Biden said on Tuesday.But when national Democrats talk about states where they believe they have good prospects next week, Florida does not make the list. Even though statewide races have been close in recent cycles, Democrats have felt burned by narrow losses and have been reluctant to invest the sizable amounts of money required in a state with so many media markets only to be disappointed again.In addition to Mr. Crist, who is seeking to oust the incumbent Republican governor, Ron DeSantis, Mr. Biden appeared with Representative Val B. Demings, the Democratic challenger to Senator Marco Rubio. Mr. DeSantis leads by roughly nine percentage points and Mr. Rubio by about seven percentage points, according to an aggregation of polls by the political data website FiveThirtyEight.Democrats chose a modest arena at Florida Memorial University, a historically Black college, for the rally, assembling a far smaller crowd than typically mustered by former President Donald J. Trump, a Florida resident.Addressing a largely Black audience, Mr. Biden boasted of his nomination of Justice Ketanji Brown Jackson and other diverse appointees. “Guess what? I promised you I would have a Black woman on the Supreme Court,” he said. “She’s on the Supreme Court. And she’s smarter than the rest of them.”He went after some Republicans by name. He called Mr. DeSantis “Donald Trump incarnate.” He accused Representative Kevin McCarthy of California, the would-be new speaker, of being “reckless and irresponsible.” And he assailed Republicans like Representative Marjorie Taylor Greene of Georgia, the onetime QAnon follower who has worked to push the party to the right, for criticizing his effort to forgive some student loan debt while having their own Covid-19 loan debt forgiven.The president appeared most irritated by attacks on him over inflation. In Hallandale Beach, he pointed to his efforts to limit health care costs for seniors. “They talk about inflation all the time,” he said. “What in God’s name?” He added: “If you have to take a prescription and it cost you an arm and a leg and I reduce that, you don’t have to pay as much. That reduces your cost of living. It reduces inflation.”To bolster his contention that Republicans are aiming to undercut Social Security and Medicare, Mr. Biden once again cited a legislative agenda put forth by Senator Rick Scott of Florida, the chairman of the Senate Republicans’ campaign arm, that has been disavowed by other Republicans, most notably Senator Mitch McConnell of Kentucky, the party’s leader in the upper chamber. Mr. Scott’s legislative agenda called for “sunsetting” all federal legislation every five years, meaning programs like Social Security and Medicare would expire unless reauthorized by Congress.Before the president’s trip to Florida, Mr. Scott said on Sunday that his position had been twisted and that “I don’t know one Republican” who favors cutting Social Security payments or cutting Medicare benefits.“I believe we’ve got to preserve them and make sure that we keep them,” Mr. Scott told Dana Bash on “State of the Union” on CNN. “What I want to do is make sure we live within our means and make sure we preserve those programs. People paid into them. They believe in them. I believe in them. I’m going to fight like hell to make sure we preserve Medicare and Social Security.” More

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    Pennsylvania Supreme Court Says Mail-In Ballots Without Dates Should Not Be Counted

    The Pennsylvania Supreme Court on Tuesday ordered election officials in the battleground state to refrain from counting mail-in ballots that lack a written date on their outer envelope, siding with Republicans in a matter that could have national implications on Nov. 8.The Republican National Committee and several other party-aligned groups filed a lawsuit in October to stop undated ballots from being counted, citing a state law that requires voters to write the date on the return envelope when sending them in.In a two-page ruling issued a week before Election Day, the court said that noncompliant ballots should be set aside. It was the latest wrinkle in a protracted legal fight over undated ballots in Pennsylvania, where voters are set to decide pivotal contests for governor and the U.S. Senate.But the six justices were split about whether their rejection violated the voting protections of the federal Civil Rights Act. Three Democrats on the elected court said that it did violate federal law, while a fourth Democrat, Kevin M. Dougherty, joined the court’s two Republicans in saying that it did not. (The court typically has seven members, but Chief Justice Max Baer, a Democrat, died in September.)The court’s ruling directly conflicted with guidance issued in September by Leigh M. Chapman, a Democrat who is the acting secretary of the commonwealth and said ballots without a date on them should be counted as long as they are returned on time.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.A Pivotal Test in Pennsylvania: A battle for blue-collar white voters is raging in President Biden’s birthplace, where Democrats have the furthest to fall and the most to gain.Governor’s Races: Democrats and Republicans are heading into the final stretch of more than a dozen competitive contests for governor. Some battleground races could also determine who controls the Senate.Biden’s Agenda at Risk: If Republicans capture one or both chambers of Congress, the president’s opportunities on several issues will shrink. Here are some major areas where the two sides would clash.Ohio Senate Race: Polls show Representative Tim Ryan competing within the margin of error against his G.O.P. opponent, J.D. Vance. Mr. Ryan said the race would be “the upset of the night,” but there is still a cold reality tilting against Democrats.It was not immediately clear whether state election officials could pursue an appeal.“We are reviewing, but the order underscores the importance of the state’s consistent guidance that voters should carefully follow all instructions on their mail ballot and double-check before returning it,” Amy Gulli, a spokeswoman for Ms. Chapman, said in an email on Tuesday night.Voters who are concerned that they might have made an error on ballots before returning them should contact their county election board or the Pennsylvania Department of State, Ms. Gulli said.Pennsylvania is where two of the most closely watched elections in the country will be decided next week. In the governor’s race, Josh Shapiro, the state’s Democratic attorney general, faces state Senator Doug Mastriano, the right-wing, election-denying Republican nominee. And control of the U.S. Senate could hinge on the outcome of the contest between the celebrity physician Dr. Mehmet Oz, a Republican, and Lt. Gov. John Fetterman, a Democrat.Putting ballots on the scanning and sorting machine at the Board of Elections office in Doylestown, Pa., on Friday.Ballots are stored for Election Day after they were scanned and recorded by machine.Ronna McDaniel, the R.N.C. chairwoman, heralded the ruling as a “massive victory for Pennsylvania voters and the rule of law.”“Republicans went to court, and now Democrats and all counties have to follow the law,” she said. “This is a milestone in Republicans’ ongoing efforts to make it easier to vote and harder to cheat in Pennsylvania and nationwide.”Lawrence Tabas, the chairman of the state Republican Party, said the decision was a “tremendous win for election integrity.”The American Civil Liberties Union of Pennsylvania lamented the ruling on Tuesday night on Twitter.“We’re disappointed,” the group said. “No one should be disenfranchised for an irrelevant technicality. Voters, sign and date your return envelope.”The Democratic National Committee and the state Democratic Party, which were not named as respondents in the lawsuit, did not immediately respond to requests for comment on Tuesday night.Neither did the campaigns of Mr. Fetterman and Dr. Oz.The issue of undated ballots was a major point of contention in Dr. Oz’s primary in May, which was decided by less than 1,000 votes and triggered an automatic recount.Dr. Oz had opposed the counting of about 850 undated ballots that were cast in that race. His opponent, David McCormick, sued to include the ballots, calling the date requirement irrelevant. He later conceded the race.And last year, a Republican candidate who lost a judicial race in Lehigh County sued to stop undated ballots from being counted in that contest, a case that escalated all the way to the U.S. Supreme Court.In May, the U.S. Court of Appeals for the Third Circuit in Philadelphia ruled against that candidate, David Ritter. The Supreme Court said in June that election officials in Pennsylvania may count mailed ballots that were received by the cutoff date but not dated. But in early October, the Supreme Court vacated the appeals court ruling.Mail-in ballots must be received by county election boards by 8 p.m. on Election Day, otherwise they won’t be counted.Nick Corasaniti More

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    J.D. Vance Says He Will Accept Election Results, While Questioning 2020’s

    J.D. Vance, the Republican nominee for Senate in Ohio, said Tuesday evening that he would accept the results of his election — while also saying he stood by his false claims that the 2020 election had been “stolen.”“I expect to win,” Mr. Vance said in a town-hall-style event hosted by Fox News, before adding: “But, of course, if things don’t go the way that I expect, I’ll support the guy who wins and I’ll try to be as supportive as I possibly can, even accepting that we’re going to disagree on some big issues.”But when one of the hosts, Martha MacCallum, noted that he had previously said the 2020 election was stolen from Donald J. Trump, whose endorsement propelled him to the nomination, Mr. Vance replied, “Yeah, look, I have said that, and I won’t run away from it.” He referred to state court rulings concerning elements of the way Pennsylvania had conducted its election, but none of those rulings called the results into question.The town hall event was split between Mr. Vance and his Democratic rival in the Senate race, Representative Tim Ryan, with each candidate appearing separately and fielding questions from the moderators and the audience.Mr. Ryan distanced himself from the left wing of the Democratic Party on inflation and abortion, something he has done often as he tries to win a Senate seat in a state that has shifted significantly to the right in recent years.While denouncing Republican abortion bans as extreme and inhumane, he said he believed third-trimester abortions should be allowed only in medical emergencies. That distinguishes him from many other Democrats, who have said that abortion should always be a decision between women and their doctors and that the government should play no role in regulating it. (Third-trimester procedures are very rare, accounting for less than 1 percent of abortions in the United States.)In promoting the ability of Democrats’ Inflation Reduction Act to live up to its name, Mr. Ryan highlighted its natural gas provisions, saying they would bring construction jobs to Ohio, while calling for tax cuts like an expanded child tax credit in the short term. He explicitly aligned himself with Senator Joe Manchin III of West Virginia, whose objections limited the size of the legislation and ensured that natural gas provisions accompanied its clean energy measures.Mr. Vance, in his own discussion of inflation, called for Congress to “stop the borrowing and spending” — without specifying the spending cuts he wanted — and alluded to more oil and gas production.On abortion, he said he believed that “90 percent of abortion policy” should be set by state governments, while also indicating that he supported the 15-week federal ban proposed by Senator Lindsey Graham of South Carolina. More

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    With Falsehoods About Pelosi Attack, Republicans Mimic Trump

    WASHINGTON — Speaking on a conservative radio talk show on Tuesday, former President Donald J. Trump amplified a conspiracy theory about the grisly attack on Speaker Nancy Pelosi’s husband, Paul Pelosi, that falsely suggested that Mr. Pelosi may not have been the victim of a genuine attack.“Weird things going on in that household in the last couple of weeks,” Mr. Trump said on the Chris Stigall show, winking at a lie that has flourished in right-wing media and is increasingly being given credence by Republicans. “The glass, it seems, was broken from the inside to the out — so it wasn’t a break-in, it was a break out.”There is no evidence to suggest that. Mr. Pelosi, 82, was attacked on Friday with a hammer by a suspect who federal prosecutors say invaded the Pelosis’ San Francisco home, bent on kidnapping the speaker and shattering her kneecaps.But Mr. Trump, a longtime trafficker in conspiracy theories who propelled his political rise with the lie that President Barack Obama was not born in the United States, has never let such facts get in his way.The reaction to the assault on Mr. Pelosi among Republicans — who have circulated conspiracy theories about it, dismissed it as an act of random violence and made the Pelosis the punchline of a dark joke — underscores how thoroughly the G.O.P. has internalized his example. It suggested that Republicans have come to conclude that, like Mr. Trump, they will pay no political price for attacks on their opponents, however meanspirited, inflammatory or false.If anything, some Republicans seem to believe they will be rewarded by their right-wing base for such coarseness — or even suffer political consequences if they do not join in and show that they are in on the joke.“LOL,” Representative Claudia Tenney, Republican of New York, who is up for re-election in a competitive district, tweeted on Friday night, circulating a photograph that showed a group of young, white men holding oversized hammers beside a gay Pride flag.On Sunday, Representative Clay Higgins, Republican of Louisiana, who is in line to helm a Homeland Security subcommittee if his party wins control of the House next week, also amplified a groundless and homophobic conspiracy theory hatched on the right about the attack. He tweeted, but later removed, a picture of Ms. Pelosi with her hands covering her eyes, with the caption: “That moment you realize the nudist hippie male prostitute LSD guy was the reason your husband didn’t make it to your fundraiser.”On Tuesday, Mr. Trump said he thought the federal complaint detailing the break-in and the attack was not telling the entire story.“I don’t know,” Mr. Trump said suggestively. “You hear the same things I do.”Mr. Pelosi, 82, remained in intensive care with a fractured skull, according to a person familiar with the situation who spoke on condition of anonymity.In Arizona, the Republican candidate for governor, Kari Lake, made the attack a punchline at a campaign event on Monday, noting that while Ms. Pelosi has security around her, “apparently her house doesn’t have a lot of protection.” She smiled as her supporters howled with laughter.Republican leaders have condemned the violence against Mr. Pelosi and have not shared the conspiracy theories or sinister memes, but they have not publicly condemned those who have done so or done anything to try to tamp down on the stream of lies. And over the past few years, they have consistently demonstrated to their colleagues in Congress that there are no consequences for making vitriolic or even violent statements.If anything, such behavior has turned those more extreme members into influencers on the right, who carry more clout in Congress.The intruder who attacked Mr. Pelosi had wanted to take Ms. Pelosi, whom he saw as “the ‘leader of the pack’ of lies told by the Democratic Party,” hostage and break her kneecaps. He entered her San Francisco home with rope, zip ties and a hammer, according to the federal complaint against him.There was a time when such an event would have led to unequivocal denunciation by the leaders of both parties, sometimes followed by a pause in the day-to-day mudslinging of a campaign — if only to ensure that no candidate would make a remark that could be construed as in any way offensive to the victim.This time, few Republicans made such moves.Former Vice President Mike Pence followed the old model, saying that the attack was an “outrage” and noting that “there can be no tolerance for violence against public officials or their families.” But what would have once been a run-of-the-mill statement stood out for being one of the few that was unqualified in its condemnation of the attacker, who Mr. Pence said should be prosecuted.“They don’t have any fear of reprisal,” said Douglas Heye, a former Republican leadership aide on Capitol Hill. “That’s because our politics have become so tribal that anything that is about owning the other side is somehow seen as a political message, even though it’s not.”It is a page out of Mr. Trump’s playbook. For years, he elevated online rumors by speculating about them, bursting onto the national political scene in 2011 with the unfounded “birther” theory about Mr. Obama. When Mr. Trump insulted Senator John McCain of Arizona for being taken captive in Vietnam, his popularity among Republicans suffered no discernible hit.The current crop of candidates and lawmakers who have grown in power through their allegiance to Mr. Trump have replicated his methods. Representative Marjorie Taylor Greene, Republican of Georgia, tweeted that Mr. Pelosi was attacked by a “friend” and that the media was the source of disinformation. Her post has since been removed.Senator Ted Cruz, Republican of Texas, recirculated a Twitter thread stating that “none of us will ever know for sure” what happened at Ms. Pelosi’s house and complaining that the attack was being cited as an “indictment of Republicans.” More