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      North Carolina Gerrymander Ruling Reflects Politicization of Judiciary Nationally

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      When it had a Democratic majority last year, the North Carolina Supreme Court voided the state’s legislative and congressional maps as illegal gerrymanders. Now the court has a Republican majority, and says the opposite.Last year, Democratic justices on the North Carolina Supreme Court ruled that maps of the state’s legislative and congressional districts drawn to give Republicans lopsided majorities were illegal gerrymanders. On Friday, the same court led by a newly elected Republican majority looked at the same facts, reversed itself and said it had no authority to act.The practical effect is to enable the Republican-controlled General Assembly to scrap the court-ordered State House, Senate and congressional district boundaries that were used in elections last November, and draw new maps skewed in Republicans’ favor for elections in 2024. The 5-to-2 ruling fell along party lines, reflecting the takeover of the court by Republican justices in partisan elections last November.The decision has major implications not just for the state legislature, where the G.O.P. is barely clinging to the supermajority status that makes its decisions veto-proof, but for the U.S. House, where a new North Carolina map could add at least three Republican seats in 2024 to what is now a razor-thin Republican majority. Overturning such a recent ruling by the court was a highly unusual move, particularly on a pivotal constitutional issue in which none of the facts had changed.The North Carolina case mirrors a national trend in which states that elect their judges — Ohio, Kentucky, Kansas, Wisconsin, Pennsylvania and others — have seen races for their high court seats turned into multimillion-dollar political battles, and their justices’ rulings viewed through a deeply partisan lens.Such political jockeying once was limited mostly to confirmation fights over seats on the U.S. Supreme Court. But as the nation’s partisan divide has deepened, and the federal courts have offloaded questions about issues like abortion and affirmative action to the states, choosing who will decide state legal battles has increasingly become an openly political fight.The new Republican majority of justices said the North Carolina Supreme Court had no authority to strike down partisan maps that the General Assembly had drawn.“Our constitution expressly assigns the redistricting authority to the General Assembly subject to explicit limitations in the text,” Chief Justice Paul Newby wrote for the majority. “Were this court to create such a limitation, there is no judicially discoverable or manageable standard for adjudicating such claims.”Justice Newby said that Democrats who led the previous court had claimed to have developed a standard for deciding when a political map was overly partisan, but that it was “riddled with policy choices” and overstepped the State Constitution’s grant of redistricting powers to the legislature.Legal scholars said the ruling also seemed likely to derail a potentially momentous case now before the U.S. Supreme Court involving the same maps. In that case, Moore v. Harper, leaders of the Republican-run legislature have argued that the U.S. Constitution gives state lawmakers the sole authority to set rules for state elections and political maps, and that state courts have no role in overseeing them.Now that the North Carolina Supreme Court has sided with the legislature and thrown out its predecessor’s ruling, there appears to be no dispute for the federal justices to decide, the scholars said.The ruling drew a furious dissent from one of the elected Democratic justices, Anita S. Earls, who said that it was pervaded by “lawlessness.” She accused the majority of making specious legal arguments, and at times using misleading statistics, to make a false case that partisan gerrymandering was beyond its jurisdiction.“The majority ignores the uncontested truths about the intentions behind partisan gerrymandering and erects an unconvincing facade that only parrots democratic values in an attempt to defend its decision, ” she wrote. “These efforts to downplay the practice do not erase its consequences and the public will not be gaslighted.”Some legal experts said the ruling underscored a trend in state courts that elect their justices, in which decisions in politically charged cases increasingly align with the ideological views of whichever party holds the majority on the court, sometimes regardless of legal precedent.“If you think the earlier State Supreme Court was wrong, we have mechanisms to change that, like a constitutional amendment,” Joshua A. Douglas, a scholar on state constitutions at the University of Kentucky College of Law, said in an interview. “But changing judges shouldn’t cause such a sea change in the rule of law, because if that’s the case, precedent has no value any longer, and judges really are politicians.”The state court also handed down two more rulings in politically charged cases, overturning decisions that favored voting-rights advocates and their Democratic supporters.In the first, the justices reconsidered and reversed a ruling by the previous court, again along party lines, that a voter ID law passed by the Republican majority in the legislature violated the equal protection clause in the State Constitution.In the second, the justices said a lower court “misapplied the law and overlooked facts crucial to its ruling” when it struck down a state law denying voting rights to people who had completed prison sentences on felony charges but were not yet released from parole, probation or other court restrictions.The lower court had said that the state law was rooted in an earlier law written to deny voting rights to African Americans, a conclusion that the Supreme Court justices said was mistaken.The new ruling undid a decision that had restored voting rights to more than 55,000 North Carolinians who had completed prison sentences. Those rights are now revoked, lawyers said, although the status of former felons who had already registered or voted under the previous ruling appeared unclear.The ruling on Friday in the gerrymander case, now known as Harper v. Hall, came after partisan elections for two Supreme Court seats in November shifted the seven-member court’s political balance to 5-to-2 Republican, from 4-to-3 Democratic.The Democratic-controlled court ruled along party lines in February 2022 that both the state legislative maps and the congressional district maps approved by the Republican legislature violated the State Constitution’s guarantees of free speech, free elections, free assembly and equal protection.A lower court later redrew the congressional map to be used in the November elections, but a dispute over the State Senate map, which G.O.P. leaders had redrawn, bubbled back to the State Supreme Court last winter. In one of its last acts, the Democratic majority on the court threw out the G.O.P.’s State Senate map, ordering that it be redrawn again. The court then reaffirmed its earlier order in a lengthy opinion.Ordinarily, that might have ended the matter. But after the new Republican majority was elected to the court, G.O.P. legislative leaders demanded that the justices rehear not just the argument over the redrawn Senate map, but the entire case.The ruling on Friday came after a brief re-argument of the gerrymander case in mid-March.North Carolina voters are almost evenly split between the two major parties; Donald J. Trump carried the state in 2020 with 49.9 percent of the vote. But the original map of congressional districts approved by the G.O.P. legislature in 2021, and later ruled to be a partisan gerrymander, would probably have given Republicans at least 10 of the state’s 14 seats in the U.S. House of Representatives.Using a congressional map drawn last year by a court-appointed special master, the November election delivered seven congressional seats to each party. With the decision on Friday, the G.O.P. legislature is likely to approve a new map along the lines of its first one, giving state Republicans — and the slender Republican majority in the U.S. House — the opportunity to capture at least three more seats. More

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      Campaign, Interrupted: Pence May Run, but He Can’t Hide From Trump’s Legal Woes

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      The former vice president faces many challenges in his potential presidential run, perhaps none bigger than his complicated relationship with his old boss.Former Vice President Mike Pence, seemingly in his element as he addressed a gathering of evangelical Christians in Iowa this month, was speaking of “the greatest honor of my life,” serving in “an administration that turned this country around” by rebuilding the military, securing the southern border, and unleashing “American energy.”“But most importantly, most of all,” he said, building to a crescendo — but at the moment he was about to claim some credit for his administration’s success in overturning the right to an abortion, a booming voice came over the loudspeaker from the sound booth: “Check, check, testing, 1-2-3.”It was a small interruption, but one that exemplified the diversions Mr. Pence continues to face as he considers a run for the Republican presidential nomination against the man who was once his greatest benefactor, but also his cruelest tormentor: Donald J. Trump.On Thursday, however, Mr. Pence faced a much more onerous and grueling intrusion into his potential campaign, and one that he had hoped to avoid, when he was forced to testify for more than five hours before a grand jury in Washington about Mr. Trump’s efforts to overturn the 2020 election. Those efforts put Mr. Pence’s life at risk on Jan. 6, 2021, as a mob of Trump supporters stormed the Capitol, chanting “Hang Mike Pence.”Mr. Pence, the would-be candidate with unassailable religious convictions who spent four years a heartbeat away from the presidency, cannot seem to find the space to present those credentials to sympathetic Republican primary voters without interruption — and, in this case, on the biggest stage before a campaign has even begun.After Thursday’s testimony, a highly unusual event involving two of the most prominent U.S. public officials during a nascent presidential campaign in which both are likely to run, he is in the odd and uncomfortable position of being both a potential challenger to his former boss and possibly a key witness for his prosecution.Mr. Pence knows that core voters in the Republican base are in no mood to give such legal proceedings against Mr. Trump, including the current civil suit accusing him of rape and defamation, much credence. Paula Livingston, of Council Bluffs, Iowa, waved off the cases pending against Mr. Trump as “all the same, they’re out to stop him.”Nor is Mr. Trump showing any signs of contrition. On Thursday, while campaigning in New Hampshire, the former president embraced a supporter who had served prison time for her actions during the Capitol attack of Jan. 6, and called her “terrific,” even though she said she wants Mr. Pence executed for treason.But after the former vice president’s efforts to quash the Justice Department’s subpoena for his testimony failed, Mr. Pence had little choice but to lend his voice to the federal prosecution.Former President Donald J. Trump spoke at a campaign event in Manchester, N.H., on April 27. Sophie Park for The New York TimesThe Pence camp is now working to put that testimony within the broader rubric of his potential presidential run: Conservative truth teller. Pence loyalists would like Mr. Pence to be getting more credit for the Trump administration’s successes, especially for helping to choose the nominees that tilted the Supreme Court to the right.But Mr. Pence has to play the hand that he has been dealt, and right now that includes testifying against Mr. Trump.“I don’t know if he has to dislodge” Mr. Trump, Marc Short, a former chief of staff to the vice president, said. “He has to remind voters who he is.”Over his 12 years in Congress, as governor of Indiana and in the Trump White House, Mr. Pence was “the consistent conservative,” Mr. Short said, working for a man who was anything but consistent: “That’s an important contrast for him to draw,” Mr. Short said.A Republican close to the former vice president, who requested anonymity in order to discuss internal deliberations, explained on Friday that Mr. Pence has long stuck with conservative constitutional principles, even when that has meant standing up to his party.As a House member, he chastised the administration of President George W. Bush for its failure to adhere to fiscal discipline as federal budget surpluses turned to large deficits. He has embraced changes to Social Security and Medicare that would trim benefits in the name of balancing the budget, changes that Mr. Trump has loudly rejected.He continues to publicly make the case for U.S. military aid to Ukraine, even as some Republican lawmakers and many Republican voters turn against it. He has said Florida Gov. Ron DeSantis’s fight with the Walt Disney Company over social policy has strayed, and become a violation of the Republican Party’s bedrock belief in free enterprise.And he leaned on constitutional arguments, first to avoid the subpoena of federal prosecutors investigating efforts to overturn the 2020 election, and now to comply with it. Earlier this year Mr. Pence argued that the Constitution’s “speech or debate” clause, intended to protect the separation of powers between the three branches of government, shielded him from having to speak of Mr. Trump’s campaign to pressure him not to certify the election results in his ceremonial role as vice president.When that failed, he complied with the subpoena rather than search for another rationale for delay, such as the “executive privilege” claims that have been repeatedly rejected.Mr. Pence, in his recent book “So Help Me God,” described in detail Mr. Trump’s efforts to pressure him into blocking congressional certification of President Biden’s victory. Mr. Trump became preoccupied with the idea that Mr. Pence could do something, though Mr. Pence’s chief lawyer had concluded that there was no legal authority for him to act on Mr. Trump’s behalf.But people close to Mr. Pence said that just as he argued that he had to fulfill his constitutional duty on Jan. 6, 2021, he invoked that same Constitution the following day to reject overtures from Democratic leaders to use the Constitution’s 25th amendment to remove Mr. Trump from office.Aides to Mr. Pence showed little worry this week as the former vice president continues his deliberations about a run. Mr. Pence’s attitude, they said, is simple: Let the chips fall where they may.“He feels remarkably blessed to have been able to serve the American people in the roles he has had,” Mr. Short said, “and he hopes to continue that service.” More

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      Florida Lawmakers Clear a Potential Presidential Roadblock for DeSantis

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      The Florida Legislature passed an elections bill on Friday clarifying that Gov. Ron DeSantis would not have to resign early if he ran for president.Gov. Ron DeSantis has gotten just about everything he wanted out of Florida’s legislative session, which draws to a close next week.A six-week ban on abortion. The ability for Floridians to carry concealed weapons without a permit or training. An expansion of school vouchers. All laws that Mr. DeSantis could lean on heavily in a potential Republican primary for president.Now the governor’s legislative allies in Tallahassee have delivered another boon, one that is procedural but just as important: an elections bill that eliminates a potential roadblock to Mr. DeSantis declaring his candidacy for president, which he is expected to do next month. The law will ensure that Mr. DeSantis does not have to resign the governorship early if he runs for president.On Friday, the State House of Representatives approved the law with a 76-34 vote along strict party lines, with nine lawmakers abstaining. Having already been approved by the State Senate, it now heads to Mr. DeSantis’s desk.The previous provision in state law, known as the “resign-to-run” statute, could have posed a problem for Mr. DeSantis’s presidential ambitions.Although legal opinions varied, it might have compelled Mr. DeSantis, if he became a presidential candidate, to resign as governor in 2025 with two years still left in his term. The new bill cleared up any ambiguity by stating that the law does not apply to elected officials running specifically for president and vice president, meaning Mr. DeSantis can make a bid for the White House without the prospect of giving up the governor’s office should he lose the 2024 Republican primary or general election.Allies have been urging Mr. DeSantis to formally jump into the 2024 race, seeing it as the only way to deal with former President Donald J. Trump, the Republican front-runner.Sophie Park for The New York Times“I can’t think of a better training ground than the state of Florida for a future potential commander in chief,” State Representative Tyler I. Sirois, a Merritt Island Republican, said on the House floor.Republicans said they wanted to leave no ambiguity in the law and argued that presidential and vice-presidential candidates are different than others seeking elective office because they are chosen by political parties in national conventions — instead of having to simply qualify for the ballot. Democrats countered that Mr. DeSantis was getting special treatment from his legislative buddies.“Why are we signing off on allowing Ron DeSantis the ability to not do his job?” said State Representative Angie Nixon, a Jacksonville Democrat, who argued during the floor debate that Mr. DeSantis was neglecting his duties as governor.In the months before the legislative session kicked off in March, it seemed that the bill’s passage would mark a time for quiet celebration in the DeSantis camp — a tactical milestone for a campaign that seemed to have front-runner status in its grasp. But since then, the governor has frequently seemed to stumble or been stymied at crucial moments, often to the delight of former President Donald J. Trump, a declared candidate who now leads him in the polls.As Mr. DeSantis seeks to recover his footing, he will hope to present the new laws he has steered through Republican-controlled Tallahassee as evidence of what he might accomplish in the White House, while pointing to his landslide re-election last year as proof that his conservative policies have a broad base of support.“In November, December and January, Republicans all around the country were looking to DeSantis as the future of the party,” said Alex Conant, a Republican political strategist who worked as communications director for Senator Marco Rubio of Florida during his 2016 presidential campaign. “He was really hot coming off the midterms. But now it’s not so clear that Republican voters are ready to move beyond Trump.”Those close to Mr. DeSantis say he plans to make his presidential bid official in mid-May or late May, and he has already assembled the makings of a senior campaign staff.Matias J. Ocner/Miami Herald, via Associated PressPart of Mr. DeSantis’s struggle has been the challenge of running for higher office only unofficially. Such a shadow campaign limits how strongly his message can carry beyond Florida and seems to curtail his ability to criticize his presumptive main rival, Mr. Trump. Allies have been urging Mr. DeSantis to formally jump into the race, seeing it as the only way to deal with the former president.“Trump was born without gloves,” Mr. Conant said. “He is always on offense. If you’re going to run against him, expect him to wake up every day punching you.”As the pressure builds, the end of the DeSantis campaign-in-waiting finally seems near. Those close to him say he plans to make his presidential bid official in mid-May or late May. And he has assembled the makings of a senior campaign staff in Tallahassee, including veteran advisers from his time as governor and when he served in Congress. A super PAC backing his candidacy says it has raised $33 million and has hired operatives in key early voting states.The group, Never Back Down, also brought in Adam Laxalt, the former Nevada attorney general, as its chairman. Mr. Laxalt is a Trump ally who amplified the former president’s conspiracy theories about the integrity of the 2020 election. But he has longstanding ties to Mr. DeSantis, too, dating back to their days as roommates during naval officer training.“If Governor DeSantis heeds the growing calls for him to run for president, we can hit the ground running for him to win,” said Erin Perrine, the communications director for Never Back Down.As the political operation backing him grows, Mr. DeSantis has spent more and more time out of state, which has included appearances promoting his new memoir and a foreign trade mission this week. In his absence, cracks have started to appear in his political coalition back home for the first time.On Wednesday, State Senator Joe Gruters, a Republican who is a close ally of Mr. Trump, made an open show of defiance against Mr. DeSantis by voting no on a bill related to Disney. The bill — part of a yearlong feud between the company and Mr. DeSantis that has energized segments of the Republican base while alienating some members of the donor class — would nullify development agreements involving Disney.Crowds gathering to hear Mr. DeSantis during a book-signing event in Garden City, N.Y., in April.Johnny Milano for The New York TimesIn a statement, Mr. Gruters, a former chairman of the Republican Party of Florida, said that the state should “support our job creators” and avoid influencing the behavior of corporations with “the heavy hand of government.”While he was the lone Republican to vote no, and the bill passed easily, the moment came as a sign that tensions between Mr. DeSantis and Mr. Trump are spelling the end of the days when the state party stood unanimously behind the governor.Mr. DeSantis’s attacks on Disney have also recently led some national Republicans to publicly air words of caution. Mr. Rubio said he did not have a problem taking on Disney but expressed concern that businesses might be fearful of coming to Florida if politicians continued to put pressure on companies over politics. House Speaker Kevin McCarthy also weighed in.“I think it would be much better if he sat down and solved the problem,” Mr. McCarthy told CNBC on Thursday.Local leaders have taken shots at Mr. DeSantis, too.Last week, Mayor Francis Suarez of Miami, a Republican who may also run for president, criticized how Mr. DeSantis treats others during an appearance on Fox News. “Well, he seems to struggle with relationships, generally,” said Mr. Suarez, who has occasionally clashed with the governor over the years but had not attacked him so personally. “I mean, I look people in the eye when I shake their hands.”Even Dwyane Wade, the popular former star for the N.B.A.’s Miami Heat, seemed to weigh in, saying in a television interview that he left Florida in part because of the state’s stance on transgender issues. (Mr. Wade’s teenage daughter is transgender.)“My family would not be accepted or feel comfortable there,” he said, without directly referencing the governor.As part of Mr. DeSantis’s agenda, state leaders have pushed laws banning children from drag shows and criminalizing gender-affirming health care for minors, as well as expanding a law that restricts the discussion of sexual orientation and gender identities in public schools.Drag queens and their supporters marched in a protest to the State Capitol in Tallahassee, Fla., on Tuesday.Alicia Devine/Tallahassee Democrat, via Associated PressThe change to the resign-to-run law is not the first time a pliant legislature has helped out a governor. Legislators under former Governors Charlie Crist and Rick Scott adjusted the law when it seemed in their interest. Mr. DeSantis’s office did not respond when asked if he supported the change.Not every new law the governor sought this session is sure to pass.A proposal on immigration looks like it will be somewhat watered down. And the sponsor of a bill that would make it easier to sue the news media has said that the legislation is unlikely to move forward this year.Still, those who have seen Tallahassee in action say it was an unusually productive time.“I think it’s clear the governor has had a remarkable session, one of the best I can remember,” said Brian Ballard, an influential lobbyist who has served as a fund-raiser for both Mr. Trump and Mr. DeSantis.With Republicans holding supermajorities in both legislative chambers, Florida Democrats could do little but watch.Dan Gelber, the Democratic mayor of Miami Beach and a former state senator, said many of the governor’s priorities were “not important” to most Floridians.“It’s a heaping portion of red meat for his base,” Mr. Gelber said.Maggie Haberman More

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      Top Republicans Balk at WinRed’s Plan to Charge More for Online Donations

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      Republican Party leaders are opposed to a proposed price increase by the online donation-processing company, WinRed, stirring debate about the company’s future.A battle over a threatened price increase has exposed growing tensions between top Republican Party officials and the company with a virtual monopoly on processing Republican campaign contributions online.Party leaders have risen up in opposition to the plan to raise prices, which would siphon millions of dollars from G.O.P. campaigns less than 20 months after the company, WinRed, had said its finances were robust enough to forego an extra fee on every transaction.In a series of private meetings in recent weeks, Gerrit Lansing, the president of WinRed, has told the leaders of the Republican National Committee, the House and Senate campaign arms and former President Donald J. Trump’s campaign that WinRed’s prices needed to go up.The Republican officials all objected.Mr. Lansing’s company, a private for-profit firm responsible for processing almost all online Republican political donations, charges 3.94 percent of almost every donation made online. But he said it wasn’t enough, citing an unforeseen slowdown in online G.O.P. giving last year and also plans to broaden WinRed’s suite of services. He moved to impose a 30-cent transaction fee on each of the tens of millions of coming contributions in the 2024 race, according to several people directly involved in or briefed on the conversations.The plan to raise prices appears to have stalled over fierce G.O.P. objections, according to people involved in the talks. But the episode has accelerated conversations at the party’s highest levels about the decision four years ago to clear the way for WinRed to dominate the online donation-processing field, and about whether the for-profit company’s model needs to be reassessed. Democrats process most online donations through ActBlue, which, unlike WinRed, is an independent nonprofit. ActBlue charges a flat rate of 3.95 percent per donation and does not charge an additional per-transaction fee.“WinRed is constantly evaluating what it takes to compete against and leapfrog ActBlue, combat the Democrats’ campaign to attack us by all means available, and still make the necessary investments to provide our customers with the features they need to win,” WinRed said in a statement. “At this time, WinRed has no announcements to make regarding pricing.”Representatives for the party committees declined to comment.Gerrit Lansing, the president of WinRed, has told officials about a plan to charge an extra fee on every transaction.Tom Williams/CQ Roll Call, Getty ImagesMr. Lansing’s pursuit of outside investors to expand WinRed’s digital footprint and offerings — including talks with advisers to Paul Singer, a major Republican financier — has spurred further discussions about the company’s ownership structure.The obscure industry of processing donations online is deeply consequential for Republicans because the party has faced a persistent digital fund-raising deficit against Democrats. WinRed has been held up as the linchpin of the party’s plans to help close that gap.Huge sums are involved. There were nearly 31.2 million donations made on WinRed during the 2022 federal elections, worth nearly $1.2 billion. The upcoming presidential cycle could easily double that.The creation of WinRed in 2019 was supposed to be one of Mr. Trump’s enduring legacies within the Republican infrastructure, a bold bid to unify the party around a single platform to help shrink the G.O.P. fund-raising gap with ActBlue. Mr. Trump, his son-in-law Jared Kushner and Mr. Trump’s campaign manager at the time, Brad Parscale, were all personally involved.The site has largely been a success, achieving near-universal adoption among G.O.P. campaigns. WinRed originally had charged 3.8 percent of contributions with an additional 30-cent transaction fee. That amounted to an especially steep share of smaller contributions — 68 cents, or nearly 7 percent, of a $10 donation, for instance.A Trump rally in Waco, Texas, in March. As president, Donald J. Trump was among those personally involved in the creation of WinRed in 2019.Christopher Lee for The New York TimesIn late 2021, Mr. Lansing trumpeted the removal of the 30-cent transaction fee, saying the company had been able to “achieve and maintain scale.” But the decision by credit card companies to raise their own fees not long afterward made WinRed’s move unsustainable, according to a person close to the company, as most of its processing fees are quickly spent on credit card costs.In recent weeks, Mr. Lansing told party officials that WinRed had suffered financially in 2022 as a result of diminished Republican giving and that he needed to reimpose a per-transaction fee ahead of 2024 to continue broader investments in technology. Because WinRed is a private firm, its executive compensation and the state of its finances remain mostly hidden from public view. Records show that federal candidates and committees paid WinRed at least $64 million in the 2022 election cycle; those funds were not all from processing fees but also included significant vendor fees, according to a person close to WinRed.Its Democratic counterpart, ActBlue, has faced a financial pinch too, announcing in early April plans to lay off 17 percent of its work force. ActBlue discloses more of its finances than its counterpart does, including the amount of donors who volunteered to add “tips” on top of their donations. Those tips go directly to ActBlue and have built a $68.7 million balance in ActBlue’s federal account as of the end of 2022. Mr. Lansing has begun discussing adding the option to make tips to the Republican site as well, according to people involved in the conversations.WinRed faces other unique pressures, including an investigation by multiple state attorneys general into the firm’s use of prechecked boxes that automatically signed up donors to make recurring donations unless they opted out. A New York Times investigation in 2021 revealed how the extensive use of those boxes — known internally as “money bombs” for withdrawing more than one donation at a time — spurred an enormous wave of demands for refunds and complaints of fraud to credit card companies at the end of the 2020 campaign.WinRed sued to block subpoenas but lost a key legal battle in February when the Eighth Circuit Court of Appeals ruled that the investigation could proceed in Minnesota. In New York, a December filing from the state attorney general, Letitia James, that demanded compliance with a subpoena gave a glimpse into the internal documents her office has already obtained. The filing cited an internal WinRed memo as saying that, at one point in June 2020, donors who were opted into multiple donations through pre-checked boxes had caused a surge of phone calls and “a 10,000 message deep queue over one weekend.” Recurring donations were dropping over time, the memo theorized, because “as donors get used to or go through the process they become more savvy.”One Republican candidate who saw a surge of refund requests from people who were unwittingly opted into recurring donations was Kelly Loeffler, a senator who lost her runoff in Georgia in January 2021 and who found the experience of working with WinRed jarring.“It absolutely was a red flag,” Ms. Loeffler said in an interview, referring to the deluge of refund requests. Ms. Loeffler, a former co-owner of the Women’s National Basketball Association team in Atlanta, has since bought donation-processing technology from a Republican firm that stopped its business after the creation of WinRed. She has rebranded the technology and now uses it in running RallyRight, another company that processes online donations.“We have seen a need for a competitor in this market,” Ms. Loeffler said.So far, she is undercutting WinRed on price — charging 3.5 percent of donations — and ensuring that “no campaign can automatically check a recurring payments box.” She declined to name specific Republican groups that she has spoken with but said the price could go even lower — down to 3 percent — with “the scale of some of the organizations we are talking to.”Ms. Loeffler said that she was in the business not for personal profit but to direct more money to campaigns. “It’s absolutely not about me making millions of dollars,” she said. “I’ve done that.” More

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      ‘His Candidacy Feels Deader Than Disco’: Our Columnists Weigh In on Asa Hutchinson

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      As Republican candidates enter the 2024 presidential race, Times columnists and Opinion writers will assess their strengths and weaknesses with a scorecard. We rate the candidates on a scale of 1 to 10: 1 means the candidate will probably drop out before any caucus or primary voting; 10 means the candidate has a very strong chance of receiving the party’s nomination next summer. This entry assesses Asa Hutchinson, the former governor of Arkansas, who announced his candidacy for the Republican nomination on Wednesday.How seriously should we take Asa Hutchinson’s candidacy?John Brummett His candidacy should be taken seriously for his diverse, relevant experience and for what he has to say about today’s political predicament. But it probably won’t be taken that way, considering that his strength is as a workhorse in a game designed for show horses. He’d make a fine and circumspect attorney general.Matthew Continetti On Earth Two, where Donald Trump never entered American politics, a two-term conservative governor from the South like Asa Hutchinson would be considered a serious candidate for the 2024 Republican nomination. But where we live, and in Trump’s G.O.P., Hutchinson is a long shot.Michelle Cottle As seriously as you would take any little-known, low-key, old-school Republican contender with decades of government experience who has said that Donald Trump has disqualified himself from being president again. So, not seriously at all.David French Just as seriously as we should take the chances of Republican primary voters turning decisively against Trump and Trumpism. At this point it’s far more of a hope than an expectation.Rosie Gray Not very seriously. Hutchinson is vying to occupy the return-to-normalcy, adult-in-the-room lane, which is a lane that Republican voters have shown little interest in over the past eight years. His candidacy is likely to struggle to break through amid the onslaught of Trump-related news.Michelle Goldberg If he could hop in a time machine to 2012, he’d be a favorite. In today’s Republican Party I don’t think he has a chance.Liz Mair Asa Hutchinson is a serious person who arguably did a better job on fiscal governance than Ron DeSantis and certainly a much better job than Donald Trump. He’s a very underrated politician, but I’m not sure “competent steward of public finances and generally affable-seeming fellow” is sufficiently salable in today’s Republican rage machine.Daniel McCarthy Asa Hutchinson probably hopes to be taken as seriously as John Kasich was in 2016. But he’ll be lucky if he has even as much impact as his fellow Arkansan Mike Huckabee had that year, which was virtually none.What matters most about him as a presidential candidate?Brummett Any airing his message gets is the most important thing. He’s making the case that boorish, irresponsible and destructive behavior is not conservatism. That’s what his party needs to hear.Continetti Hutchinson’s willingness to take stands against Trump and the ascendant New Right within the Republican Party is laudable, if only because so few conservatives have done the same thing. His fearlessness may stand out on the debate stage.Cottle He is, as advertised, a “consistent conservative” — pro-God, pro-gun, pro-business, anti-abortion rights, anti-big government — aggressively looking to remind Republicans that there is an alternative to the middle-finger nastiness of Trumpism. Which is also why his candidacy feels deader than disco. Who is his target audience?French He’s the first true “turn the page” candidate in the race. He’s a traditional Republican who’s provided the most consistent and clear critique of Trump of anyone who has entered the race. He’s called on Trump to withdraw from the race, and he’s defended prominent Republican Trump critics Liz Cheney and Adam Kinzinger.Gray He represents the still-extant yearning among old-school Republicans for an anti-Trump alternative. Other potential candidates who could have filled this space, like former Gov. Larry Hogan of Maryland, have so far decided not to run, so Hutchinson’s bid will be a test case for how much interest such a candidacy can attract.Goldberg He is admirably anti-Trump, arguing that Jan. 6 should be disqualifying, and he had a more measured response to Trump’s indictment than other members of his party, who rushed to Trump’s defense.Mair Arkansas has produced quite a lot of talented politicians over the years. His candidacy will be a test of how big a chunk of the G.O.P. electorate cares about a candidate combining the actual ability to govern and honesty without consistently coming off as a nasty, evil person or media “personality.” My guess is that’s a pretty small chunk.McCarthy He’s as much an anti-DeSantis candidate as he is anti-Trump. As governor, Hutchinson antagonized social conservatives by vetoing legislation that banned “gender-transition procedures” for minors, and although he did sign an abortion ban, he had said more recently that the ban should be “revisited” to permit more exceptions.What do you find most inspiring — or unsettling — about his vision for America?Brummett What inspires most is that he brings precisely what this politically dysfunctional country needs: someone who can surprise both the right and left. He brings conservative bona fides, but in Arkansas, he also vetoed a bill that would have banned hormone therapy for trans youth, asserting that parents and doctors should make those decisions and that interrupting a treatment plan already in progress is cruel. He called the Affordable Care Act bad policy but went to the mat to save Medicaid expansion in his state. That kind of independent thought is inspiring.Continetti Hutchinson is a freedom conservative devoted to the limited-government principles of Ronald Reagan. I’m happy to see him standing for his beliefs.Cottle At this point, Hutchinson isn’t really offering a vision for America so much as a post-Trumpian vision for the Republican Party. This is a worthy — even glorious — aim.French A Hutchinson presidential election itself would have a singular inspiring element — his election would represent a truly bipartisan repudiation of Trump and a clear revival of the moral center of the G.O.P.Gray It’s hard to tell at this stage what that vision is, since Hutchinson’s run seems primarily motivated by opposition to Trump. Voters are likely to find his Reaganesque politics familiar, maybe even comforting, but probably not inspiring or fresh.Goldberg He seems to imagine that there’s a version of American conservatism that isn’t bitterly conspiratorial and inspired by Viktor Orban’s Hungary. I think he’s wrong, but it’s a nice fantasy.Mair I personally think about the fact that Arkansas, under him and others, hasn’t exactly been a beacon of light where occupational licensing reform is concerned — but that’s something approximately 0.1 percent of Republican primary voters care about.McCarthy What’s pitiful, if not unsettling, about Hutchinson’s vision is that it’s what passes for center-right without having the merits of either the center or the right. The center should be broadly appealing and practical rather than ideological. The right should be firmly opposed to the left. These commitments can be brought together, albeit not without tension, in an effective center-right. Republicans like Hutchinson, however, can succeed only as long as they don’t have to answer the tough policy questions. Once they do have to answer — about abortion, for example — they prove to be ideological yet also inconsistent, unpopular themselves yet hostile to the right for jeopardizing the party’s popularity.Imagine you’re a G.O.P. operative or campaign manager. What’s your elevator pitch for a Hutchinson candidacy?Brummett You think he’s a RINO? Just remember — he played a central role in Clinton’s impeachment proceedings, and the N.R.A. hired him after Sandy Hook to lead a task force that recommended armed guards at schools.Continetti Republican voters may want a brawler to take the fight to the left, but they may also want to actually win a presidential election even more.Cottle Former governors know how to get stuff done, and this one is a staunch conservative — but not of the ragey, paranoid, conspiracy-mongering variety.French Reasonable conservatism can win.Gray I would pitch him as a serious, experienced public servant with solid conservative credentials who would be an antidote to the nonstop political circus.Goldberg He looks like a TV president, was popular in bright-red Arkansas and projects a sunny affability rare among Republicans, even as he holds doctrinaire, base-pleasing views on issues like guns and abortion.Mair Don’t want to return to the days when you thought about what outrageous stuff the president was doing once a week or even daily? Vote for Asa.McCarthy Asa Hutchinson is the right choice if you think conservative Republicans have already lost the culture wars but ought to surrender slowly.John Brummett (@johnbrummett) is a columnist for The Arkansas Democrat-Gazette in Little Rock.Matthew Continetti (@continetti) is a senior fellow at the American Enterprise Institute and the author of “The Right: The Hundred-Year War for American Conservatism.”Michelle Cottle is a member of the Times’s editorial board.David French and Michelle Goldberg are Times columnists.Rosie Gray is a political reporter.Liz Mair (@LizMair) has served as a campaign strategist for Scott Walker, Roy Blunt, Rand Paul, Carly Fiorina and Rick Perry. She is the founder and president of Mair Strategies.Daniel McCarthy is the editor of Modern Age: A Conservative Review.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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      Trump Weighs Skipping Primary Debates

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      He took swipes at President Biden, Ron DeSantis and the Reagan presidential library during an event in New Hampshire.Former President Donald J. Trump used a campaign rally on Thursday in New Hampshire to add to his arguments that it was not worth his time to debate his rivals for the Republican presidential nomination, casting himself as the party’s undeclared nominee.Standing in front of several hundred supporters in a New England state that was a springboard for his election in 2016, Mr. Trump said that he held a commanding polling advantage in the 2024 Republican primary, months before any voting would begin. He has been posting similar themes on his social media site, Truth Social.He said that giving his G.O.P. rivals, like Gov. Ron DeSantis, an opening on a debate stage made no sense.“Why would you do that?” he told the crowd at a DoubleTree hotel in Manchester. In 2019, then as president, he considered skipping any presidential debates for the 2020 race before ultimately debating the Democrats’ nominee, Joseph R. Biden Jr.And on Thursday he jumped straight to the general election, saying, “I do look forward to the debate with Joe.”Mr. Biden declared on Tuesday that he would seek a second term. His predecessor claimed at his rally, without evidence, that the video Mr. Biden released to announce his re-election campaign “took supposedly seven takes to get it right.” The video features a montage of scenes from Mr. Biden’s presidency and only a few short clips where he spoke to the camera.Citing a recent Emerson College poll, Mr. Trump noted that 62 percent of G.O.P. primary voters indicated that they would support him, compared with 16 percent for Mr. DeSantis, who has not yet declared his candidacy. No other Republican was in double digits.“He’s crashing and burning,” Mr. Trump said of Mr. DeSantis, suggesting that he had benefited in the past from his association with Mr. Trump but that he was now struggling to get a foothold on his own.Mr. Trump has never shied away from broadsides against other Republicans, something Ronald Reagan famously frowned upon in what became known as the 11th Commandment. And in New Hampshire, Reagan’s presidential library was a target for Mr. Trump, who questioned its selection as the venue for the second G.O.P. primary debate. He pointed out that Frederick J. Ryan Jr., the publisher and chief executive of The Washington Post, another frequent Trump target, was chairman of the Ronald Reagan Presidential Foundation & Institute.Representatives for the institute did not immediately respond to requests for comment, and The Post declined to comment.Separately on Thursday in Manhattan, lawyers for Mr. Trump appeared in a federal courtroom to defend him in a case brought by E. Jean Carroll, a former magazine columnist, who has accused Mr. Trump of raping her nearly three decades ago.Mr. Trump, who has denied the accusation, avoided mentioning the trial during the rally. However, he bemoaned his various other legal entanglements and alluded to his indictment this month by a New York grand jury on charges that he had concealed hush-money payments to a former porn star.He faces further legal peril. A federal investigation, in the hands of a special counsel, is investigating Mr. Trump’s efforts to reverse his defeat at the polls in 2020 and also his role in the events that led to the storming of the Capitol by his supporters on Jan. 6, 2021. And a Georgia prosecutor is in the final stages of an investigation into Mr. Trump’s attempts to reverse the election results in that state.While Mr. Trump has opened up a polling lead, the Republican field is fluid and appears likely to expand. It includes Nikki Haley, a former South Carolina governor and a United Nations ambassador in the Trump administration; Asa Hutchinson, the former governor of Arkansas; and the entrepreneur Vivek Ramaswamy.Another Republican who is entertaining a run is New Hampshire’s governor, Chris Sununu, who recently said that Mr. Trump’s losing streak could continue in 2024. He has cited Mr. Trump’s defeat in 2020 and Republican midterm losses in 2018 and 2022.Mr. Trump bristled at G.O.P. skeptics, singling out Mr. Sununu, whose name elicited boos from the crowd.“Isn’t he a nasty guy?” Mr. Trump said, criticizing Mr. Sununu’s decision to run for re-election as governor instead of for Senate during last year’s midterm elections.Mr. Sununu’s office did not immediately respond to a request for comment. More

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      House G.O.P., Divided Over Immigration, Advances Border Crackdown Plan

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      Republicans are eyeing a vote next month on legislation that would reinstate Trump-era policies, after feuding that led leaders to drop some of the plan’s most extreme provisions.WASHINGTON — House Republicans on Thursday pushed ahead with a sweeping immigration crackdown that would codify several stringent border policies imposed by the Trump administration, after months of internal feuding that led G.O.P. leaders to drop some of the plan’s most extreme provisions.The House Judiciary and Homeland Security Committees in recent days approved their pieces of the plan, which has little chance of being considered in the Democratic-led Senate but sets up a pivotal test of whether Republican leaders can deliver on their campaign promise to clamp down on record migrant inflows.For Republicans, who have repeatedly attacked President Biden on his immigration policies and embarked on an effort to impeach his homeland security secretary, the measure is a chance to lay out an alternative vision on an issue that galvanizes its right-wing base.The legislation, now expected on the floor next month, would direct the Biden administration to resume constructing the border wall that was former President Donald J. Trump’s signature project. It would also mandate that employers check workers’ legal status through an electronic system known as E-Verify and reinstate the “Remain in Mexico” policy, forcing asylum applicants to wait in detention facilities or outside the United States before their claims are heard.The plan “will force the administration to enforce the law, secure the border, and reduce illegal immigration once again,” Representative Mark E. Green, Republican of Tennessee and the Homeland Security Committee’s chairman, said during the panel’s debate on Wednesday.Democrats have derided the package as misguided and draconian, accusing Republicans of seeking to invigorate their core supporters in advance of the 2024 election by reviving some of Mr. Trump’s most severe border policies. They made vocal objections to provisions that would ban the use of the phone-based app known as “C.B.P. One” to streamline processing migrants at ports of entry, expedite the deportation of unaccompanied minors, and criminalize visa overstays of more than 10 days.Republicans “want to appeal to their extreme MAGA friends more than they want progress,” Representative Bennie Thompson of Mississippi, the top Democrat on the Homeland Security Committee, said Wednesday, calling the Republican legislation a “profoundly immoral” piece of legislation that would “sow chaos at the border.”Still, the package represents a compromise of sorts between hard-right Republicans and more mainstream G.O.P. lawmakers, including a mostly Latino group from border states that balked at proposals that threatened to gut the nation’s asylum system.The party’s immigration plan — which top Republicans had hoped to pass as one of their first bills of their new House majority — has been stalled for months. A faction led by Representative Tony Gonzales, Republican of Texas, has raised concerns about the asylum changes, threatening to withhold votes that Speaker Kevin McCarthy, Republican of California, cannot afford to lose given his slim majority.Over the last week, G.O.P. leaders have quietly made a series of concessions to win over the skeptics. Republicans on the Judiciary Committee agreed to drop a provision that would have effectively stopped the intake of asylum seekers if the government failed to detain or deport all migrants seeking to enter the country without permission. But the measure still contains a number of new asylum restrictions.“It’s in a good spot,” Mr. Gonzales said of the legislation on Thursday, saying that the changes made to the asylum provision had satisfied his concerns. “As long as nobody does any funny business — you’ve got to watch it till the very end.”G.O.P. leaders predicted on Thursday that they would be able to draw a majority for the legislation when it comes to the House in mid-May, a timeline selected to coincide with the expected expiration of a Covid-era policy allowing officials to swiftly expel migrants at the border. The termination of the program, known as Title 42, is expected to inspire a new surge of attempted border crossings and supercharge the already bitter partisan debate over immigration policy.But it was unclear whether Republicans who had objected to the E-Verify requirement would be on board.Representative Thomas Massie, Republican of Kentucky withheld his support for the Judiciary Committee’s bill because of the work authorization mandate, arguing that people “shouldn’t have to go through an E-Verify database to exercise your basic human right to trade labor for sustenance.”Such databases “always get turned against us, and they’re never used for the purpose they were intended for,” added Mr. Massie, a conservative libertarian.Representative Dan Newhouse, a Republican farmer in Washington State, has expressed concern that the E-Verify mandate could create labor shocks in the agricultural sector, which relies heavily on undocumented immigrant labor. Though the legislation delays the requirement for farmers for three years, Mr. Newhouse has argued that any such change should be paired with legislation creating more legal pathways for people to work in the United States.With the expected floor vote just weeks away, G.O.P. leaders have been treading carefully, even making last-minute concessions to Democrats in hopes of bolstering support for the legislation.During the wee hours on Thursday morning, as the Homeland Security Committee debated its bill, Republicans pared back language barring nongovernmental organizations that assist undocumented migrants from receiving funding from the Department of Homeland Security. They did so after Democrats pointed out the broadly phrased prohibition could deprive legal migrants and U.S. citizens of critical services as well.Their changes did not go far enough to satisfy Democrats, who unanimously opposed the package on the Judiciary and the Homeland Security panels — and are expected to oppose the combined border security package en masse on the House floor.They have also argued that any measure to enhance border security or enforcement must be paired with expanded legal pathways for immigrants to enter the United States. More

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      Daines Endorsement Reflects Uneasy Senate G.O.P. Alliance With Trump

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      Senate Republicans, even those who have broken with the former president, say their campaign chief’s decision to back him could boost their push for the majority.WASHINGTON — When Senator Steve Daines, the leader of the Senate Republican campaign arm, quietly informed Senator Mitch McConnell, the minority leader, that he intended to endorse former President Donald J. Trump, Mr. McConnell was fine with the idea.Mr. McConnell, the Kentucky Republican, is not on speaking terms with the former president, having abruptly turned against him after the Jan. 6, 2021, attack on the Capitol. Mr. Trump has publicly savaged the senator and repeatedly demeaned his wife with racist statements.But the minority leader, according to a person familiar with his thinking, believed that somebody in the Senate G.O.P. leadership ranks should have a working relationship with the party’s leading presidential contender — and it might as well be the man charged with winning back the Senate majority.Mr. Daines’s endorsement of Mr. Trump this week — and Mr. McConnell’s private blessing of it — highlighted how top Senate Republicans have quietly decided to join forces with their party’s leading presidential candidate, putting aside the toxic relationship that some of them have with him to focus on what they hope will be a mutually advantageous political union.Mr. Daines of Montana, the chairman of the National Republican Senatorial Committee, is the first and so far only member of the Senate G.O.P. leadership team to endorse Mr. Trump. Mr. McConnell, who enabled Mr. Trump and his agenda during much of his presidency before the Capitol riot, has not spoken to the former president since December 2020. His No. 2, Senator John Thune of South Dakota, also has been mercilessly attacked by Mr. Trump.Mr. Thune portrayed Mr. Daines’s embrace of the former president as the cost of doing business — what’s necessary to win.“He’s got a tough job to do,” Mr. Thune told reporters at the Capitol. “He’s got a lot of races around the country that we need to win. And I think he wants as many allies as possible.”Asked about the fact that Mr. Daines has endorsed someone who has attacked both him and Mr. McConnell, the senator was temporarily at a loss for words.“Well,” Mr. Thune said with a pause, “what can I tell you?”Many Senate Republicans, in contrast to their counterparts in the House, view Mr. Trump as a political anchor who cost them the majority in 2020 with baseless claims of voter fraud in Georgia that damaged their runoff chances. Many believe Mr. Trump cost them again in 2022 by endorsing Senate contenders who struggled in the general election. Mr. McConnell has attributed his party’s inability to win the Senate to “candidate quality” problems spurred by Mr. Trump’s primary endorsements.Steven Cheung, a spokesman for Mr. Trump, said that there was “tremendous support nationally and statewide” for the former president, when asked about Senate Republican leaders’ reluctant acceptance of Mr. Daines’s endorsement.“By contrast, DeSantis has embarrassingly tiny support,” Mr. Cheung said.Some Republicans are determined to steer clear of Mr. Trump. Senator Mitt Romney of Utah, a vocal critic of Mr. Trump’s who voted to convict the former president in both of his impeachment trials, insisted that Mr. Daines’s backing for Mr. Trump should not be regarded as an embrace of the former president by the Senate G.O.P.“Montana is a big Trump-supporting state,” Mr. Romney said on Wednesday. “I don’t think he did that as the leader of the Republican team. Mitch McConnell is our leader, and I doubt he’ll endorse anybody.”A spokesman for Mr. Daines declined to comment on Mr. Romney’s characterization of the endorsement.Some wondered whether Mr. Daines was deliberately defying Mr. McConnell like the last chairman of the party campaign arm, Senator Rick Scott of Florida, did during last year’s midterm elections.“I was surprised,” Senator Joni Ernst of Iowa, another member of the party leadership, said this week when asked what she thought of the Daines endorsement. “But all of the senators have the opportunity to endorse who they want to endorse.”In fact, Mr. Daines and Mr. McConnell are on the same page.Mr. Trump’s endorsement highlighted how Senate Republicans shows an uneasy alliance among estranged political players.Dave Sanders for The New York TimesMr. Daines gave Mr. McConnell a heads up that he would be endorsing Mr. Trump ahead of a Monday night appearance on the podcast of Donald Trump Jr., the former president’s eldest son, according to the person familiar with his thinking.Mr. McConnell views Montana, West Virginia and Ohio — which Mr. Trump won by big margins — as among the most important Senate battlegrounds in 2024, and it will fall to Mr. Daines to keep the former president on friendly terms with the party’s favored candidates, especially in the states where he remains wildly popular.While the rest of Mr. McConnell’s team keeps their distance from the former president, Mr. Daines speaks frequently with Mr. Trump, including as recently as Wednesday night, said a person with direct knowledge of the call who was not authorized to discuss it publicly.So even after Mr. Trump has denigrated Mr. McConnell’s wife, Elaine Chao, the Senate minority leader has engaged in a familiar game with the former president, with whom he worked closely to cut taxes and stack the federal judiciary with ardent conservatives.Mr. McConnell has said as little as possible about the former president since cutting off all contact with him. He has ignored Mr. Trump’s attacks against him and his wife, and he has refused to follow the approach of former Representative Liz Cheney, Republican of Wyoming, who has said she plans to do whatever she can to stop Mr. Trump from becoming president again.Instead, Mr. McConnell has said he is focused on winning back the Senate, and in service of that goal he is already making accommodations for the former president. He has said he will support Mr. Trump if he wins the 2024 Republican nomination.Like many of his colleagues, Senator John Cornyn of Texas, a former chairman of the Republican campaign arm himself, is staying out of Mr. Trump’s way. He said he did not plan to endorse in the primary, but “will support the nominee” in the general election.Mr. Daines, he said, was “entitled to some latitude given the complexity of the political environment that we’re entering into.”Republicans’ goal, Mr. Cornyn added, was to win back the majority.“And I don’t really care what the tactics are,” he said. More