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    Biden Faces Backlash From Party’s Left Wing on Israel

    As a raw divide over the war ripples through liberal America, a coalition of young voters and people of color is breaking with the president, raising new questions about his strength entering 2024.The Democratic Party’s yearslong unity behind President Biden is beginning to erode over his steadfast support of Israel in its escalating war with the Palestinians, with a left-leaning coalition of young voters and people of color showing more discontent toward him than at any point since he was elected.From Capitol Hill to Hollywood, in labor unions and liberal activist groups, and on college campuses and in high school cafeterias, a raw emotional divide over the conflict is convulsing liberal America.While moderate Democrats and critics on the right have applauded Mr. Biden’s backing of Israel, he faces new resistance from an energized faction of his party that views the Palestinian cause as an extension of the racial and social justice movements that dominated American politics in the summer of 2020.In protests, open letters, staff revolts and walkouts, liberal Democrats are demanding that Mr. Biden break with decades-long American policy and call for a cease-fire.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please More

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    How to Interpret Polling Showing Biden’s Loss of Nonwhite Support

    Yes, there’s reason for skepticism, but also reason for concern for Democrats, particularly over turnout.Is President Biden really struggling as badly among nonwhite voters — especially Black voters — as the polls say?I’ve seen plenty of skepticism. Among nonwhite voters, a Democratic presidential candidate hasn’t fared as badly as those polls suggest in a presidential election result since the enactment of the Civil Rights Act in 1964. In the case of Black voters, the disparity between the usual support for Democrats — around 90 percent or more — and the recent polling showing it in the 70s or even the 60s just seems too much to accept. Some skeptics believe they’ve seen results like this before, only for Republican strength to vanish on Election Day.But if we compare the polls with those from previous election cycles, Mr. Biden’s early weakness looks serious. His support among Black, Hispanic and other nonwhite voters is well beneath previous lows for Democrats in pre-election polls over the last several decades — including the polls from the last presidential election. Yet at the same time, his weakness is put in better perspective when judged against prior polls, rather than the final election results.Here’s how you should interpret what the polling really means for Mr. Biden’s eventual support among nonwhite and especially Black voters.Election results are the wrong benchmarkA major source of skepticism of Mr. Biden’s weakness among nonwhite voters is the sheer magnitude of the drop-off, based on the difference between the early poll results among registered voters and the estimated final results in post-election studies, like the exit polls.It’s an understandable comparison, but it’s a bad one. Millions of people are undecided in polling today, while all voters have made up their minds in these post-election studies. The registered voter polling also includes millions of people who won’t ultimately vote; the post-election studies typically include only actual voters.These two factors — undecided voters and low-turnout voters — help explain many seemingly weird differences between pre-election polls and the post-election studies.For illustration, consider the following from our New York Times/Siena College polling:Mr. Biden leads, 72 percent to 11 percent, among Black registered voters over the last year.Mr. Biden’s lead among Black voters jumps to 79-11 if undecided voters are assigned based on how they say they voted in 2020.He leads by 76-10 among Black voters with a record of participating in the 2020 general election.His lead among 2020 voters jumps to 84-10 if we allocate undecided voters based on their self-reported 2020 vote preference.For comparison, this same group of Black voters who turned out in 2020 reported backing Mr. Biden over Donald J. Trump, 89-7, in the last election.The upshot: The gap between post-election studies and registered voter polls narrows considerably after accounting for the inherent differences between the two measures — undecided voters and turnout.This lesson isn’t limited to Black voters. To take a different example, Mr. Biden leads by just 46-34 among young registered voters in our polling over the last year, but he leads by 57-35 among young validated 2020 voters if we assign undecided voters based on their 2020 vote preference. His lead among Hispanic voters grows from 47-35 to 56-36 with the same approach. Among Asian American, Native American, multiracial and other nonwhite voters who aren’t Black and Hispanic, it goes up to 50-39, from 40-39.Of course, we can’t assume that Black, Hispanic, young or any voters will turn out as they did in 2020. We can’t assume that undecided voters will return to their 2020 preferences, either. The point is that the differences between pre-election registered voter polls and the final post-election studies explain many of the differences between survey results by subgroup and your expectations. If you must compare the crosstabs from registered voter polls with the final election studies, here’s a tip: Focus on major party vote share. In the case of Black voters, Mr. Biden has a 71-12 lead, so that means he has 86 percent of the major party vote in our Times/Siena polling, 71/(71+12) = 86. That roughly five- or six-point shift in major party vote share is a lot likelier to reflect reality than comparing his 59-point margin among decided voters (71-12 = 59) with his 80-point margin from 2020.Why major party vote share? The logic is simple. Imagine that today 17 percent of eventual Biden voters are undecided and 17 percent of eventual Trump voters are undecided. What would that mean for a poll of voters who will eventually vote 86 to 14? They would be 71 to 12 in the polls today.Mr. Biden’s polling weakness is unusualThere’s another aspect of the skeptics case that I’m less sympathetic toward: the idea that we always see this kind of weakness among nonwhite voters, and it just never materializes.If you look back at polling from prior cycles, it becomes clear that Mr. Biden today really is quite a bit weaker than previous Democrats in registered voter polling from prior cycles. More

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    Consistent Signs of Erosion in Black and Hispanic Support for Biden

    It’s a weakness that could manifest itself as low Democratic turnout even if Trump and Republicans don’t gain among those groups.President Biden is underperforming among nonwhite voters in New York Times/Siena College national polls over the last year, helping to keep the race close in a hypothetical rematch against Donald J. Trump.On average, Mr. Biden leads Mr. Trump by just 53 percent to 28 percent among registered nonwhite voters in a compilation of Times/Siena polls from 2022 and 2023, which includes over 1,500 nonwhite respondents.The results represent a marked deterioration in Mr. Biden’s support compared with 2020, when he won more than 70 percent of nonwhite voters. If he’s unable to revitalize this support by next November, it will continue a decade-long trend of declining Democratic strength among voters considered to be the foundation of the party.Democratic share of major party vote among nonwhite voters More

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    It’s Not Your Father’s Democratic Party. But Whose Party Is It?

    Has the left’s half-century struggle to return the Democratic Party to its working-class roots become an exercise in futility? This is perhaps the most vexing question facing the party of liberal America.It is not an easy one to answer. In recent years, the Democratic electorate has moved in two directions.First: The percentage of Democrats with a college degree has almost doubled, growing to 41 percent in 2019 from 22 percent in 1996.Second: While the percentage of Democrats who are non-Hispanic and white has fallen to 59 percent from 76 percent over the same period, according to Pew Research, nonwhite Democrats — Black, Hispanic, Asian American or members of other minority groups — have grown to 41 percent from 24 percent.In terms of the entire U.S. population (as of July 2022), those described by the census as “white alone, not Hispanic or Latino” made up 58.9 percent of the United States — down from 69.1 percent in 2000 — while the percentage of Black, Hispanic, Asian American and other minorities increased to 41.1 percent from 30.9 percent over the same period.Have American politics reached a tipping point?Eitan Hersh and Sarang Shah, political scientists at Tufts and Berkeley, contended in their Aug. 1 paper, “The Partisan Realignment of American Business,” that both the Democratic and the Republican Parties have undergone radical reorientations:The ongoing development of the Democratic Party as a party not of labor but of socioeconomic elites, and the ongoing development of the Republican Party as a party not of business but of working-class social conservatives, represents a major, perhaps the major, American political development of the 21st century.In an email, Hersh elaborated on their analysis: “This is one of the most important developments in recent American political history because we seem to be in the midst of a realignment, and that doesn’t happen every day or even every decade.”One reflection of this trend, according to Hersh, is the growing common ground that cultural liberals and corporate America are finding on social issues:A company taking a position on L.G.B.T.Q. rights may at first seem like it’s a company not staying in its lane and getting into political questions unrelated to its core business. But if the company needs to take a position in order to satisfy its work force or because potential new hires demand political activism, then the decision is no longer just social; it’s economic.Another example: For a while it looked like the Republican Party could appeal to social conservatives but maintain the economic policy supported by business elites. But now, you start to see real attempts by Republican thought leaders to be more assertive in meeting the economic needs of their constituencies.As a result of this realignment, Hersh argued, a crucial battleground in elections held in the near future will be an intensifying competition for the support of minority voters:Democrats can win with college-educated whites plus nonwhite voters. They can’t win with more defection from nonwhite voters. The Republicans are making the argument that their cultural and economic values are consistent with working-class Americans and that their positions transcend racial categories.If the Republican Party “could move beyond Trump and focus on this vision (which, of course, is impossible with Trump there making everything about Trump), they’d be presenting a set of arguments and policies that will be very compelling to a large number of Americans,” Hersh wrote.Ruy Teixeira, a senior fellow at the American Enterprise Institute who has long argued that Democrats need to regain support from white voters without college degrees and to stop defections among working-class Black and Hispanic voters, argued that the socioeconomic elite — well-educated, largely white liberals — are imposing damaging policies on the Democratic Party.In a recent essay, “Brahmin Left vs. Populist Right,” Teixeira wrote:The fact is that the cultural left in and around the Democratic Party has managed to associate the party with a series of views on crime, immigration, policing, free speech and, of course, race and gender that are quite far from those of the median working-class voter (including the median nonwhite working-class voter).Instead, Teixeira contended:Democrats continue to be weighed down by those whose tendency is to oppose firm action to control crime or the southern border as concessions to racism, interpret concerns about ideological school curriculums and lowering educational standards as manifestations of white supremacy and generally emphasize the identity politics angle of virtually every issue. With this baggage, rebranding the party — making it more working-class oriented and less Brahmin — is very difficult, since decisive action that might lead to such a rebranding is immediately undercut by a torrent of criticism.I asked Teixeira whether the changing Democratic Party has reached a point of no return on this front, and he emailed back:A good and big question. In the short run it looks very difficult for them to shed much of their cultural radicalism and generally make the party more attractive to normal working-class voters. Over the medium to long term, though, I certainly think it’s possible, if there’s an internal movement and external pressures/market signals consistent with the need for a broader coalition. That is, if enough of the party becomes convinced their coalition is too narrow and therefore some compromises and different approaches are necessary. That may take some time.Michael Podhorzer, a former political director of the A.F.L.-C.I.O., agreed that “There is no way to define ‘socioeconomic elites’ in which it isn’t obvious that both parties are dominated by socioeconomic elites.” He added that “since the 1970s, both left and right parties now represent different factions within the socioeconomic elites.”In the process, Podhorzer argued, “Labor and working people have been demoted from a seat at the table to a constituency to be appealed to.”The idea that the Democratic Party is a pro-business party, Podhorzer wrote, “is hardly a bulletin. It’s been pro-business since Carter. Deregulation (including Glass-Steagall, holding companies, communications, etc.) as well as trade agreements (NAFTA, China W.T.O., proposed T.P.P., etc.) are all Democratic Party ‘accomplishments.’”Podhorzer, however, took sharp issue with Hersh, Shah and Teixeira. “I find Teixeira’s constant harping on Democratic elites, as well as Hersh’s and others’ use of the term to be playing with fire at this moment,” he told me.The focus on cultural elitism, in Podhorzer’s view, masksbillionaires’ collective influence over the political process or the ways in which their success is responsible for immiseration and what we call inequality. This enables fascist politicians to shift the blame to intellectual and cultural elites, like liberals or people with college degrees, redirecting the inevitable resentments of the losers in the winner-take-all economy.For that reason, Podhorzer continued,centrist commentators and Democratic strategists who have aggressively and continuously diagnosed the party’s capture by a woke elite unwittingly — and without justification — affirm the fascist worldview in which cultural, rather than economic or political, elites are the source of their disappointments.However these disputes are resolved, there is clear evidence of the demographic realignment of the Democratic Party.Brian Schaffner, a political scientist at Tufts, writing by email, demonstrated the evolution of the Democratic and Republican electorates by citing data from the Cooperative Election Study, which he oversees:We ask workers what industries they work in, and just between 2014 and 2020 we saw some notable shifts, depending on the category. In 2014, 42 percent of people working in construction identified as Republican, and 38 percent called themselves Democrats, a four-point advantage for Republicans. Just six years later, that group was 49 percent Republican and 29 percent Democratic, a 20-point gap. By contrast, Republicans had a nine-point edge among people who work in finance and insurance in 2014 (48 percent Republican, 39 percent Democratic), but by 2020, Democrats held a three-point edge (45 percent Democratic, 42 percent Republican).The Republican advantage among manufacturing workers has grown to 13 points from seven points over those six years, according to Schaffner, and the four-point Democratic advantage among transportation and warehouse workers has turned into an eight-point Republican edge. Workers in professional, scientific and technical industries were evenly split in 2014, but by 2020, Democrats had gained a 15-point advantage. In the education industry, Democrats increased their advantage from a 14-point gap in 2014 to a 22-point advantage in 2020.Schaffner wrote that “these are pretty sizable shifts in partisanship, which fit the narrative that white-collar workers are shifting more Democratic at the same time that blue-collar industries are becoming more Republican.”There are, however, strong arguments that despite the ascendance of well-educated, relatively comfortable Democrats, the party has retained its commitment to the less well off, as evidenced by the policies enacted by the Biden administration.Most of those who challenged the Hersh-Shah thesis did not dispute the ascendance of the well educated in Democratic ranks; instead they argued that the party has retained its ideological commitments to the bottom half of the income distribution and to organized labor.Jacob Hacker, a political scientist at Yale, expressed strong disagreement with the Hersh-Shah paper in an email responding to my inquiry.“There is no question that the class profile of Democratic voters has become U-shaped, with both poorer and higher-income voters siding most strongly with the party,” Hacker wrote, but he went on to say:Even as the Democratic Party has come to rely more heavily on affluent suburban voters, its platform, legislative agenda and national elected representatives’ communications via Twitter have all remained highly focused on economic issues. In fact, the national platform and Democratic agenda have become substantially bolder — that is, bigger in scope, broader in policy instruments (e.g., industrial policy), and generally more redistributive overall.Hacker specifically challenged Hersh and Shah’s claim that corporate America is shifting to the Democratic Party, citing evidence of the Republican tilt of contributions by Fortune 1,500 C.E.O.s, by the Forbes Wealthiest 100 and in the distribution pattern of dark money.Steve Rosenthal, a former political director of the A.F.L.-C.I.O. who is now a political consultant, agreed with Hacker on the pro-labor commitment of the Biden administration, despite the severe weakening of the labor movement in recent decades. Biden, he wrote by email, “has been the most pro-union, pro-worker president we have had in my lifetime.”Rosenthal acknowledged, however, that the union movement has suffered terrible setbacks in recent years, especially in Midwest battleground states:For decades, we’ve been saying both parties are too accommodating to corporate America. Perhaps the biggest change is not in how the parties operate or what they stand for but the decline in the labor movement. In the mid-90s, between 30 and 40 percent of the electorate in states like Michigan, Wisconsin, Pennsylvania and Ohio came from union households, and they were voting 60 percent-plus Democratic. I used to say even back then that the only white working-class voters who were voting Democratic were in unions.Since then, Rosenthal wrote, “their vote share has decreased precipitously, to a low of now something like 14 percent in Wisconsin to the mid-20 percent in the other states.”Julie Wronski, a political scientist at the University of Mississippi, contended that the Hersh-Shah paper creates a false dichotomy:The partisan business and labor interests are an either-or scenario. The Democratic Party can be the party of labor and the party of socioeconomic elites. The Republican Party can be the party of business and working-class social conservatives.Democrats can support labor interests, Wronski wrote by email,through initiatives to raise the minimum wage and bolster unions and can support the more progressive social issues of socioeconomic elites that relate to D.E.I. initiatives. Republicans can provide tax breaks and the like to businesses while still firmly espousing socially conservative positions on issues related to racial, religious and gender identity. Republicans can be the party of supporting red state businesses, while Democrats can be the party of supporting blue state businesses.Business, Wronski argued, is not so much realigning with the Democratic Party as it is polarizing into different camps based on “cleavages in how businesses interact with the political realm based upon social issues,” with “partisan polarization of businesses based on social issues and the group identities of the company’s stakeholders, employees and clients.”Matt Grossmann, a political scientist at Michigan State, agreed by email thatthere is definitely a significant change in the party coalitions, though it has occurred slowly rather than in one critical election. The main demographic change is in education among white Americans: College-educated whites are moving toward Democrats, while non-college-educated whites are moving toward Republicans.This has not reversed the traditional class divide of the parties, Grossmann argued, “because high-income, low-education voters are the most Republican and low-income, high-education voters are the most Democratic,” while “nonwhite voters also remain much more Democratic.”Despite these shifts, Grossmann wrote that he does not “see evidence that the Democratic Party has abandoned redistributive politics or changed its positions on business regulation. Instead, they are increasingly emphasizing social issues and combining social concerns with their traditional economic concerns.”David Hopkins, a political scientist at Boston College, is writing a book with Grossmann. Hopkins argued in an email that “we are in the midst of a realignment, in the sense that the education gap between the two parties (separating degree-holding Democrats from degree-lacking Republicans) is now much larger than the income gap.”But, Hopkins stressed,party change on economic policy is the dog that hasn’t barked here. For all its conspicuously populist style, the Trump presidency’s biggest legislative achievement was a tax reform package that provided most of its benefits to wealthy and corporate taxpayers. And the Democrats show no signs of rethinking their traditional advocacy of an expanded welfare state funded by redistributing wealth downward from rich individuals and businesses — with Biden’s policy agenda ranging from greater education spending to a federal child tax credit to subsidized child care and prescription drug costs.Despite their new source of support among the well-educated affluent, Hopkins continued,Democrats still fundamentally see themselves as the defenders of the interests of the socially underprivileged. And despite their own contemporary popularity among the white working class, Republicans still define themselves as the champions of capitalism and entrepreneurship.Sean Westwood, a political scientist at Dartmouth, cast doubt on Hersh and Shah’s claims in an emailed response to my inquiry: “There are clearly changes in the role of socioeconomic elites in the Democratic Party and the role of the working class in the Republican Party, but the evidence doesn’t show that either party has abandoned its traditional base.”On average, Westwood continued,the Republican Party still maintains a wealthier base than Democrats, and Democrats still capture more support from labor than Republicans. Similarly, Republicans continue to vote for business interests, and Democrats continue to back pro-labor regulation. It is hard to say we are at a turning point in party composition and focus while these things are still true.It is possible, Westwood wrote, that the Hersh-Shah paper “could be prophetic, but a complete picture of American politics suggests it is too early to assess if we have truly seen a major development in American politics.”In the meantime, as the Democratic Party continues to win college-educated white voters by larger and larger numbers, the development of most concern to those determined to maintain the party’s commitment to the less well off is the incremental but steady decline in Democratic support from nonwhite voters.Over the past three presidential elections, according to a detailed Catalist analysis of recent elections, Democratic margins among Black voters without college degrees have steadily fallen: Barack Obama 97 to 3 percent, or a 94-point advantage in 2012; Hillary Clinton 93 to 6 percent, or an 87-point advantage in 2016; and Biden 90 to 8 percent, or an 82-point edge in 2020. The same pattern was true for Hispanic voters without degrees: Obama 70 to 27 percent, or 43 points; Clinton 68 to 27 percent, or 41 points; and Biden 60 to 38 percent, or 22 points.The current Democratic Party may actually be the best coalition that the left can piece together at a time when American politics is notable for contradictory, crosscutting economic, racial and cultural issues. But can the party, with its many factions, outcompete the contemporary Republican Party, a party that has its own enormous liabilities — most notably Donald Trump himself?The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    How Affirmative Action Changed Their Lives

    Stella Tan, Sydney Harper, Asthaa Chaturvedi and Liz O. Baylen, Lisa Chow and Marion Lozano, Dan Powell and Alyssa Moxley and Listen and follow The DailyApple Podcasts | Spotify | Stitcher | Amazon MusicTwo weeks ago, the United States Supreme Court struck down affirmative action, declaring that the race-conscious admissions programs at Harvard and the University of North Carolina were unlawful.Today, three people whose lives were changed by affirmative action discuss the complicated feelings they have about the policy.On today’s episodeSabrina Tavernise, a co-host of The Daily.Opponents of the ruling marching this month in Cambridge, Mass.Kayana Szymczak for The New York TimesBackground readingFor many of the Black, Hispanic and Native Americans whose lives were shaped by affirmative action, the moment has prompted a personal reckoning with its legacy.In earlier decisions, the court had endorsed taking account of race as one factor among many to promote educational diversity.There are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.Sabrina Tavernise More

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    This Is One Republican Strategy That Isn’t Paying Off

    In 2011, determined to push back the ascendant Democratic coalition that elected America’s first Black president, Republicans capitalized on their control of legislatures and governor’s mansions in 20 states to enact measures designed to suppress minority Democratic voters.Barack Obama’s successful campaign for the presidency in 2008 had provoked fear in Republican ranks that the conservative coalition could no longer maintain its dominance. Getting 52.9 percent of the popular vote, Obama was the first Democratic presidential nominee to break 50 percent in the 32 years since Jimmy Carter won with 50.1 percent, in 1976.Republicans counterattacked, mounting a concerted drive to disenfranchise Democrats, a drive that gained momentum with the June 2013 Supreme Court decision Shelby County v. Holder. The court ruled that Section 5 of the 1965 Voting Rights Act, which required states and jurisdictions with a history of discrimination to obtain preclearance for any change in election law, procedure or regulation, was unconstitutional.Within hours of the Shelby decision, Republicans announced plans both to enforce laws that had been blocked by the federal government and to pass laws designed to prevent Democrats from casting ballots.Greg Abbott, then the attorney general of Texas, was first out of the gate, immediately declaring that the state would revive a voter identification law that had been barred under Section 5: “With today’s decision, the state’s voter ID law will take effect immediately. Photo identification will now be required when voting in elections in Texas.”In a 2019 report, the liberal Brennan Center for Justice found:Overall, 25 states have put in place new restrictions since 2010 — 15 states have more restrictive voter ID laws in place (including six states with strict photo ID requirements), 12 have laws making it harder for citizens to register (and stay registered), 10 made it more difficult to vote early or absentee, and three took action to make it harder to restore voting rights for people with past criminal convictions.All of which raises the question: How effective has the onslaught of state-level legislation been at raising the odds for Republican candidates?The apparent answer: not very.“Contemporary election reforms that are purported to increase or decrease turnout tend to have negligible effects on election outcomes,” Justin Grimmer and Eitan Hersh, political scientists at Stanford and Tufts, write in their June paper, “How Election Rules Affect Who Wins.”“Contrary to heated political rhetoric,” Grimmer and Hersh write, “election policies have small effects on outcomes because they tend to target small shares of the electorate, have a small effect on turnout, and/or affect voters who are relatively balanced in their partisanship.”How about partisan gerrymandering? Did the Shelby decision open the door to disenfranchising political opponents by allowing Republican legislatures to reduce the number of “minority opportunity” congressional and state legislative districts likely to elect Black or Hispanic Democrats — a process known as retrogression?Again: apparently not.Nicholas Stephanopolous of Harvard Law School, Eric McGhee of the Public Policy Institute of California and Christopher Warshaw of George Washington University compared every congressional, State Senate and State House district before and after the lines were redrawn to accommodate population shifts in the 2020 census in their paper “Non-Retrogression Without Law.”“Our primary finding,” they write,is that there was little retrogression in formerly covered states. In sum, the number of minority opportunity districts in these states actually rose slightly. We also show that formerly covered states were largely indistinguishable from formerly uncovered states in terms of retrogression. If anything, states unaffected by Shelby County retrogressed marginally more than did states impacted by the ruling.These two papers raise some intriguing questions.If changes in election laws, especially those affecting voter turnout, have little influence on partisan outcomes, why should the average citizen care about these developments?Conversely, even if the laws have only marginal influence on election outcomes, couldn’t that marginal difference become crucial in very close elections? The contest for attorney general in Arizona in 2022, for example, was won by just over 500 votes out of more than 2.5 million cast.The authors of the two papers cited above, along with other experts in election law, reject out of hand the notion that the often minimal partisan effect of regressive legislation should dampen the continuing effort to make voting easier and more accessible.Richard Hasen, a specialist in election law at U.C.L.A., emailed in response to my inquiry asking for his view of the two papers:Even if it turns out that laws intended to suppress the vote do not have that effect overall and in the aggregate, that would not justify such laws. A state should not have the right to put stumbling blocks in front of eligible voters. Such laws violate the rights and dignity of each voter, and such laws should have to be justified by real, empirically verifiable interests in preserving the integrity of the vote or serving some other key state purpose.Grimmer and Hersh argued in an email that their work should prompt increased public interest in election law:First, there are a lot of reasons legislators, activists, or political parties might want to reform laws that have nothing to do with the change in laws affecting outcomes. For instance, changing laws might improve the functioning of elections and increase trust in the electoral process. We might think some changes to election laws are simply the right thing to do based on our ethical values.In addition, Grimmer and Hersh argue, the minimal effects of changes in the law on election outcomes means that partisans on both sides “will have to win on the merits of their arguments rather than through changing the rules of the game. We think that’s a pretty optimistic story for democratic governance.”Marc Elias, a founding partner of Elias Law Group and a longtime Democratic election lawyer, raised the point that even very small shifts can determine the outcome in extremely close races.Grimmer and Hersh’s reply:In our paper, we concede that on the very rare occasions that an election is decided with a razor thin margin, nearly everything that happened could explain a candidate’s victory — a seasonal flu, a rainstorm, a “hanging chad,” etc. That said, even some of the most hotly contested policies have effects smaller than the margin Mr. Elias quotes from Arizona. For example, in our paper we estimate that the ban on out-of-precinct voting in Arizona only yielded Republicans 177 votes, even though this policy was a major source of dispute in the Brnovich Supreme Court decision. So even if a policy such as that had been implemented in 2022 and everything else remained the same, the Arizona attorney general result would have remained unchanged.In support of their argument, Grimmer and Hersh create a hypothetical case study: “Suppose a state recently held a close election in which 51 percent of voters supported the Democratic candidate and 49 percent of voters supported the Republican candidate.” In response, the Republican legislature enacts a law that “imposes additional requirements to vote” on 4 percent of the electorate containing voters who are 60-40 Democratic. The law will produce a “a 3-percentage point decline in turnout in this group.”If the 51-49 election is run again with this new voter suppression regulation, they continue, “the policy would cause a 0.12 percentage point decline in the overall turnout. And it would cause a 0.011 percentage point decline in the two-party vote share for the Democratic candidate.”The result?50.989 percent of voters would support the Democratic candidate while 49.011 percent of voters would support the Republican candidate. If the state had one million eligible voters, the policy would deter 720 Democratic voters and 480 Republican voters, netting the Republicans a 240-vote shift.Interestingly, if this hypothetical is applied to the Arizona attorney general race I mentioned, the voter suppression law would have changed the Democratic victory into a Republican one by adding a net of 600+ Republican votes.In addition to Hasen, I asked a number of scholars and voting rights proponents to comment on the two papers.There was general agreement, with some caveats, in the case of the Stephanopolous, McGhee and Warshaw paper. The Grimmer-Hersh paper provoked a wider range of reactions.Kevin Morris, a researcher in the democracy program at the Brennan Center, did not fault the Grimmer-Hersh paper, but stressed that “As the authors do not dispute, the impact of partisan outcomes in statewide races is not the only or even primary reason to be concerned about those restrictions.”Grimmer and Hersh are careful to note, Morris continued, that “restrictive voting laws usually disproportionately harm voters of color. Whether or not this has a partisan impact on statewide results, this is a significant harm in and of itself.”Kareem Crayton, senior director for voting and representation at the Brennan Center, argued in an email that the elimination of the preclearance requirements under Section 5 of the Voting Rights Act has placed cumbersome and time-consuming burdens on private lawyers bringing voting rights cases.Preclearance, Crayton wrote, required “a submission outlining the state’s intentions, its underlying data, and supporting documentation,” all of which provided “major sources of foundational evidence for any such lawsuit.”The lack of this crucial information, Crayton continued,has meant that Section 2 plaintiffs must gather much of this material through discovery, a litigation tool that involves far more time and resources than when Section 5 was operational. Alabama’s current illegal congressional map has stood for almost a full election cycle, denying Black voters an equal opportunity to elect candidates of choice. At least part of this unjust delay is due to the extra time needed to build the factual case showing the Section 2 violation.Guy-Uriel Charles, a law professor at Harvard who directs its Charles Hamilton Houston Institute for Race and Justice, argued in an email that “from a democracy perspective,” partisan outcomes are “the wrong way to think about voting rights.”What matters most, in Charles’s view, “is whether voter suppression laws prevent eligible voters — whether those voters are Republicans or Democrats; Black, White, Asian, Native, or Latino; live in the South or the North; poor or rich, college educated or not — from exercising what ought to be a fundamental right.”In addition to Elias, there are others who challenge Grimmer and Hersh’s portrayal of minimal effects on election outcomes resulting from new legislation.Thad Kousser, a political scientist at U.C. San Diego, wrote by email that he sees “two possible caveats to Grimmer and Hersh’s overall message that voter participation reforms have ‘essentially no effect on partisan advantage.’”First, Kousser wrote, “even marginal partisan effects can be consequential in a nail-bitingly close election.” He pointed to an “illustrative example” that Grimmer and Hersh use:a reform that increased turnout by 1.25 percentage points overall — a size similar to the impact of many real-world reforms — would yield a decrease in the Republican candidate’s vote margin of 7,500 votes, out of 487,500 votes cast. Because the authors assume in their example that the state overall is strongly Republican, this would only reduce “the two-party share for the Republican candidate from 78.46 percent to 77.00 percent.” In that example, it would not be large enough to swing the election. But of course, if the state were much more closely contested, those 7,500 votes could change the winner. And if the votes were concentrated in a few legislative districts, they could also play an important role in those outcomes.Second, Kousser wrote:There are some recent reforms that may have significantly larger impacts than those reviewed by Grimmer and Hersh. California’s recent law that shifts most off-cycle local elections onto the same schedule as even-year presidential and gubernatorial elections is proving to have major impacts on the size and composition of the electorates voting for mayors, county supervisors, and school boards.Kousser pointed to a 2022 paper, “Who votes: City election timing and voter composition” — by Zoltan L. Hajnal, Vladimir Kogan and G. Agustin Markarian, political scientists at U.C. San Diego, Ohio State and Loyola University-Chicago — which examined the changed composition of the electorate in California as cities shifted from holding local elections on days separate from federal contests to holding them on the same day, known as “on cycle elections.”When cities shift to on-cycle elections, Hajnal and his two colleagues write, the non-Hispanic white share, previously two-thirds of the vote, “decreases by nearly 10 percentage points” in presidential election years and “by 5.7 points when they are concurrent with midterm elections.”The Latino share increases “from about 18 percent in off-cycle elections to just under 25 percent when these elections are consolidated with presidential contests.” The Asian American “share of the electorate increases by 2.3 percentage points when cities move to the same date as presidential elections,” which may not seem like much “but it’s important to keep in mind that Asian Americans account for only 7.7 percent of the electorate in off-cycle elections, so this represents an increase of 30 percent.”The changed composition of the electorate in on- and off-cycle elections is equally remarkable for young and old voters. The authors found that older voters “account for nearly half of off-cycle voters. But the share of older voters drops almost 22 points in local elections that coincide with presidential elections and 13 points for midterm elections.” The share cast by younger voters, in turn, “almost doubles during presidential elections.”In the case of all these factors — race, ethnicity and age — Hajnal, Kogan and Markarian conclude that “on-cycle elections produce a more representative electorate.”Along similar lines, four political scientists, Michael P. McDonald, Juliana K. Mucci and Daniel A. Smith, all of the University of Florida, and Enrijeta Shino of the University of Alabama, found significant turnout increase in states adopting mail voting.In their June 2023 paper, “Mail Voting and Voter Turnout,” the four write thateven before the 2020 election, we show voter turnout across the states is consistently higher in every general election over the past decade in states with greater shares of overall ballots cast by mail. Drawing on turnout data from the 2012-2020 Current Population Survey and the Cooperative Election Study, we find states with greater usage of mail voting experience higher overall voter turnout.During the 2018 governor’s race in Georgia, between Brian Kemp, the Republican secretary of state, and Stacey Abrams, the Democratic candidate, Kemp gave voice to the precise anxiety of Republicans generally: that they might be swamped by a growing Democratic electorate.An audio recording leaked from an October 2018 fund-raising event caught Kemp as he was warning his supporters:As we were going into the start of early voting with the literally tens of millions of dollars that they are putting behind the get out and vote efforts for their base, a lot of that was absentee ballot requests that had just an unprecedented number of that, which is something that continues to concern us especially if everybody uses and exercises their right to vote, which they absolutely can, and mails those ballots in.Kemp went on to win, but two years later, despite the flood of voting restrictions since 2010, turnout in the 2020 presidential election was the highest in 30 years, according to the U.S. census.What this suggests is that the American electorate is determined to exercise the franchise and is resistant to legislated hindrances — more so than many would expect. This does not bode well for a Republican Party that for the moment has applied its money, energy and strategic skill to reducing Democratic turnout and suppressing Democratic votes.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    While We Wait for the Supreme Court to Make Up Its Mind …

    Bret Stephens: Gail, I hope your summer is off to a great start. We’re in the season of Supreme Court decisions, waiting any day for the Harvard and U.N.C. ruling to come down. Assuming the court overturns affirmative action for private and public universities, and maybe beyond that, what do you think the effect will be?Gail Collins: Bret, I guess we’ll have to see the how and the why of the much-dreaded decision before it’s possible to tell.Bret: The fine print is what has really mattered in past affirmative action cases, going back to the Bakke decision in 1978, which ruled that explicit racial quotas were unconstitutional, but that race could be considered a plus factor in admissions.Gail: I’m hoping the court will leave some room for schools and employers to continue taking race into account — and also things like economic background, childhood home environment — factors that help produce a diverse America where people who come from impoverished communities and disadvantaged homes can get some breaks.Bret: I’d have a much easier time accepting affirmative action if the principal criterion was class, not race. If universities thought of themselves more as ladders of social mobility and less as curators of racial rebalancing, they could still give a lot of poorer minorities a lift while also opening their doors to larger numbers of low-income white students who might otherwise have been denied a shot at admission.Gail: You can’t leave race out, but yes, it’s important to mix it with other parts of a biography. We have to protect schools’ right to create a diverse freshman class every year — one that will help students learn the joys and struggles and fun and exasperation that comes from living with people who aren’t like you in color, creed or background.Bret: Or viewpoint. Diversity is also about making sure universities don’t become ideological monocultures where people look different but share nearly all the same opinions and assumptions.Gail: To me, diversity is a very, very important goal — you don’t want to be living in a world in which all the folks of one race or class never interact with folks from another.How about you?Bret: Diversity can be a virtue, but it doesn’t have to apply in every conceivable setting or override other considerations, especially academic excellence. I don’t think it’s any secret that students whose families are from East and South Asia outperform many of their peers in high school academics, just as Jewish kids from immigrant backgrounds did a couple of generations ago. If the end of affirmative action means that top-tier universities will be demographically overrepresented with students of Asian background for the simple reason that they worked that much harder to get there, should that be considered a problem?Gail: Of course we have to include, and celebrate, the many fabulous students with East and South Asian backgrounds. And part of the educational opportunities they deserve is a chance to be in school with kids from other backgrounds. So that they graduate with the ability to work with, supervise and take directions from Black, white and Hispanic colleagues.It’s a win-win.Bret: It would be win-win if universities vastly expanded their enrollments, perhaps by doing more of the coursework online, so that every academically qualified student got in. For now it’s zero-sum: At Harvard in 2013, according to the initial lawsuit, the admission rate for Asian American students was 19 percent, even though 43 percent of the admitted class would have been Asians if based on academic performance alone.Gail: Have a feeling this isn’t going to be the last time we debate this issue. But Bret, we’ve had a busy news week and I want to check in on some of the big developments. Starting with … Hunter Biden! Am I right in recalling he’s not your favorite presidential offspring?Bret: He’s running neck-and-neck with Don Jr. and Eric in that contest, though I hear that James Madison’s stepson, Payne Todd, may have been the worst of them all.Gail: Hunter’s legal issues seem to have been pretty much resolved — he’s pleading guilty to two far-from-major tax crimes, getting probation and pledging to remain drug-free for two years.Bret: For which we wish him well.Gail: Two questions: Is this resolution fair? And what political impact will it have? Some Republicans are acting as if this is gonna be a large cloud over the Biden administration. That the president won’t be able to campaign for re-election without being followed by “Huckster Hunter’s Dad” banners.Bret: Hard to judge without seeing all the evidence. The U.S. attorney in the case, David Weiss, was appointed by Donald Trump and kept in his job by Merrick Garland to complete the investigation, so this hardly seems a case of partisan favoritism. And Weiss says the investigation is “ongoing,” which I have to assume means he’s taking a close look at Hunter’s fishy foreign business deals.But the political timing is lousy and plays into Donald Trump’s narrative that the Biden administration is weaponizing the Justice Department against him while letting off Biden’s son with a slap on the wrist.Gail: I’ve always believed that as long as there was no reasonable evidence that Joe was actually involved in any of Hunter’s smarmy let’s-make-a-deal-did-you-happen-to-notice-my-last-name schemes, the whole thing has no political impact whatsoever. Nobody but desperate Republicans cares about Hunter’s misdeeds, and if anything, I think he stirs sympathy for his father.Bret: Well, desperate Republicans means tens of millions of Americans. But since we keep touching on the subject of errant children of famous politicians, your thoughts on Robert F. Kennedy Jr.?Gail: I know the polls suggest he might be a problem for Biden. A good chunk of that is just boredom with the current election picture and name recognition for Junior. Once voters take a serious look at him, his anti-vaccine craziness and overall right-wing loopiness, I’m confident those polls will plummet.Bret: I would call it left-wing loopiness, but go on.Gail: Nevertheless, if he runs as a third-party candidate, he always has the potential to screw things up — just a sliver of votes in a swing state could do the trick. Which is why I’m so hostile to third-party presidential candidates.Bret: I don’t see him running, Nader-like, as a third-party candidate. But I think one reason some Democrats are rallying to him is because they are wary of the idea of a second Biden term, even if they think he’s done a decent job in his first.Gail: We were both hoping Biden wouldn’t run again because of the age issue, but here we are. And he’s still a thousand leagues better than Trump, who’s only a few years younger. So Joe’s the one.Bret: They see him as old and faltering, they don’t think Kamala Harris is up to the job if she needs to succeed him, and they worry that any Republican save Trump could defeat him. If Bobby Jr. wins in New Hampshire because Biden isn’t even on the ballot, it could shake things up, and he could wind up being the Eugene McCarthy of this political season: not the nominee, but the catalyst for change. I’ve been saying this for months, and I’m still willing to bet you a good Zinfandel that Gretchen Whitmer, the governor of Michigan, is the surprise Democratic nominee next summer. Mark Leibovich seems to agree, by the way.Gail: All I will say is that I am looking forward to the Zinfandel.Bret: And speaking of catalysts, how about that Chris Christie?Gail: He’s not going to be elected president, but gosh I would so love to see him in the Republican primary debate this August. Think there’s a chance he’ll raise enough money to qualify?Bret: For sure. He’ll get it because he’s a bring-the-popcorn sort of candidate who will make the debates interesting and because a lot of the big Republican donors long ago soured on Trump and because all the other Republicans in the race look like a bunch of moral midgets auditioning for cabinet-level jobs in the next G.O.P. administration and because the choice of Ron DeSantis or Trump is starting to look about as appetizing as the choice between Vladimir Putin and Yevgeny Prigozhin — scorpions in the proverbial bottle who really deserve each other.Gail: This is the reason you’re my favorite Republican.Bret: Ex-Republican. Still conservative.Christie’s essential theory of the race is that the only way to defeat Trump is the “They pull a knife, you pull a gun” theory that Sean Connery espoused as the best way to defeat Al Capone in “The Untouchables.” Except Christie aims to bring a .44 magnum, a rocket-propelled grenade and maybe even some HIMARS artillery — rhetorically speaking, of course.Gail: Of course.Bret: Which is all another way of saying that he’ll tell the truth about Trump. It will be a joy to watch, however it turns out.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    The Trump Case and the Bathroom Files

    More from our inbox:Affirmative Action in College Admissions: Race or Class?The Slow Runner via Department of JusticeTo the Editor:Re “U.S. Justice System Put on Trial as Trump Denounces the Rule of Law” (news analysis, front page, June 11):Contrary to this analysis of the documents case against former President Donald Trump, what is being tested is not the credibility of the justice system. Mr. Trump’s completely predictable efforts to undermine confidence in the legal process are pure bluster.What is actually at stake is the credibility of the political system. At any other time in United States history, a candidate for president charged with serious federal crimes that led to profound questions about his judgment and commitment to protecting the nation’s secrets would be decisively rejected by the voters.Instead, early indications are that Mr. Trump’s base remains staunchly loyal to him. American democracy is imperiled if a significant segment of the voting public cannot see through dangerous, self-serving posturing.In Abraham Lincoln’s first great speech, the Lyceum Address in 1838, he predicted that an aspiring tyrant would someday seek power, and he warned, “It will require the people to be united with each other, attached to the government and laws, and generally intelligent, to successfully frustrate his designs.”Nearly 190 years later, Lincoln’s wisdom is truer than ever.Steven S. BerizziNorwalk, Conn.To the Editor:Re “Trump Put U.S. at Risk, Indictment Says” (front page, June 10):As the mother of a U.S. Marine reservist, I am sickened beyond belief to read that U.S. government top-secret information was stored in a bathroom at Mar-a-Lago.Our son and tens of thousands of other servicemen and women put their lives on the line in service and sacrifice to this country. To think that a man who was elected president could be so malevolent as to break the law for his own selfish reasons is incomprehensible.Kathryn KleekampSandwich, Mass.To the Editor:It is at once not surprising and mind-boggling to read the indictment of Donald Trump for his mishandling of classified documents (“The Trump Classified Document Indictment, Annotated,” June 10).It is not surprising because his alleged misconduct is consistent with his arrogant quip years ago that he could shoot someone on Fifth Avenue and not lose any voters. And it is mind-boggling because so many Republicans — no doubt celebrating in private — continue to publicly support Mr. Trump in order to not alienate his base.There are certain moments that are, or should be, above politics. This is one of them. This is a time for somber reflection and a commitment to, and respect for, the rule of law.Larry S. SandbergNew YorkTo the Editor:Re “The Greater Trump’s Opposition, the Greater His Support as a Martyr,” by Damon Linker (Opinion guest essay, June 10):I consider myself a liberal, but I am not feeling “giddy,” as Mr. Linker puts it, over the former president’s indictment. I am not gloating or smacking my lips but feeling sad, because the Republican Party has let it come to this low point.I’m sad because Republicans have let themselves be guided by political polls rather than common sense and a regard for ethics and patriotism. They have followed Donald Trump down this dismal road, which has sullied the office of the presidency, and there seems to be no end in sight.Chase WebbPortland, Ore.To the Editor:Re “Trump Appointee Was Randomly Assigned to Case, Clerk Says” (news article, June 11):The supposedly random assignment of Judge Aileen Cannon to the Trump criminal case will be another test of the frequent pronouncements by members of the federal judiciary, including several Supreme Court justices, that politics never crosses the courtroom threshold.Will Judge Cannon have learned nothing from the surprisingly strident appeals court slap-down of her troubling and seemingly politically based previous rulings, or will she proceed as the fair and impartial judge she swore to be?It is not only the public’s perception of the judiciary but also the future direction of the country that may hang in the balance.Stephen F. GladstoneShaker Heights, OhioThe writer is a lawyer.Affirmative Action in College Admissions: Race or Class? Getty ImagesTo the Editor:Re “I’m in High School. I Hope Affirmative Action Is Rejected and Replaced With Something Stronger,” by Sophia Lam (Opinion guest essay, nytimes.com, June 5):The facts are clear: The vast majority of Asian Americans support affirmative action. Amplifying the voices of the Asian American minority that oppose affirmative action without this essential context privileges their position at the expense of the 69 percent of Asian Americans who believe that affirmative action offers communities of color better access to higher education.Regardless of the Supreme Court’s ruling, we will continue to stand in solidarity with communities of color and fight for policies that increase equal access to educational opportunities for all, particularly the underrepresented children of our multiracial society.Michelle BoykinsNiyati ShahWashingtonMs. Boykins is the senior director of strategic communications at Asian Americans Advancing Justice-AAJC. Ms. Shah is its director of litigation.To the Editor:Sophia Lam is entirely right. What is most puzzling about college admissions is that no colleges, including the most prestigious, are focused on diversity in such a socioeconomic-based way. “Underprivileged” includes many immigrants, people of color and all Americans from working-class backgrounds.If a socioeconomic standard were applied, clearly African Americans and other students of color would benefit, but it would not be solely for their skin color.Soft or hard quotas make Americans (and the Supreme Court for more than 40 years) uncomfortable. Why doesn’t Harvard, Princeton or Yale take this common-sense step?Howard FishmanHaddon Township, N.J.The Slow Runner Desiree Rios for The New York TimesTo the Editor:Re “For This Runner, There Is No Shame in Bringing Up the Rear” (front page, June 3):I enjoyed reading about Martinus Evans, the founder of Slow AF Run Club. I am now 71 and have been running since 1980 and used to be near the front in races. But now I’ve slowed to be near the back of the pack.I too have been taunted by people in the crowds during the New York City Marathon about going too slow. His encouragement to all runners is excellent.I too tell every slow runner in my club (New Hyde Park/Mineola Runners) to just get out there. I will stay with any runner, even if they have to walk. I’ve competed in marathons, half-marathons and triathlons and believe that no runner is too slow.Some people in clubs have become elitist and don’t want to be bothered with slower runners. Shame on them. Once they were very slow too. How soon they forget.This article is very important to show that there is support for all types and shapes of runners. Running is life-changing and lifesaving.Jeffrey SalgoQueens More