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    After Antifraud Crusade, a Trial Asks: Were Illegal Voters or Legal Ones the Target?

    True the Vote challenged the legality of 250,000 Georgia voters, offered cash for fraud evidence and recruited poll watchers. A federal trial will determine why.As Republican candidates and their supporters increasingly focus on specious claims of rampant voter fraud, a federal trial starting in Georgia on Thursday will examine whether a key campaign to unmask illegal voters in 2020 actually aimed to intimidate legal ones.The outcome could have implications for conservative election integrity organizations that are widely expected to ramp up antifraud efforts during next year’s general election. The trial also could clarify the reach of an important section of the 1965 Voting Rights Act, the historic civil-rights law that the Supreme Court has steadily pared back over the last decade.That question is serious enough that the Department of Justice has filed a brief in the case and will defend the government’s view of the act’s scope at the trial. The campaign, mounted in December 2020 by a right-wing group called True the Vote, filed challenges with local election officials to the eligibility of some 250,000 registered Georgia voters. The group also offered bounties from a $1 million reward fund for evidence of “election malfeasance” and sought to recruit citizen monitors to patrol polls and ballot drop-off locations.The lawsuit, filed by the liberal political action committee Fair Fight Inc., alleges that finding fraud was a secondary concern. The actual purpose, the group argues, was to dissuade Democratic voters from turning out in tight runoffs that month for Georgia’s two seats in the U.S. Senate.That would violate a clause of the Voting Rights Act that broadly prohibits any “attempt to intimidate, threaten, or coerce any person for voting or attempting to vote.”Lawyers for True the Vote argue that the group’s efforts have nothing to do with intimidation and are an essential form of constitutionally protected free speech. Two Democratic candidates, Jon Ossoff and the Rev. Raphael Warnock, won the Senate runoffs in early January 2021. The case has since plodded through the legal system for nearly three years before coming to trial.In a briefing last week, Cianti Stewart-Reid, the executive director of Fair Fight, cast the lawsuit as a move to head off what she called “a troubling plan to undermine the results of the 2024 election based on disinformation and bad faith attacks on voter eligibility.”“Georgia has become the testing ground for modern-day voter challenges and other antidemocratic tactics we believe are being deployed as part of a national effort led by followers of the Big Lie,” she said, referring to former President Donald J. Trump’s claim that the 2020 election was stolen.Catherine Engelbrecht, a founder and president of True the Vote, did not respond to requests for comment. But in court filings, lawyers for her and the organization said that efforts to search for illegal voters like those in Georgia are protected by the First Amendment.Threatening to punish people for casting ballots clearly violates the Voting Rights Act and has no free-speech protection, one of the lawyers for True the Vote, Cameron Powell, said in an interview. But he said that there was reason to worry that people might cast ballots in places where they did not live. He said the state had mailed seven million absentee ballots to Georgia residents, a measure to make voting easier during the Covid pandemic, although some people on voter rolls no longer lived where they had registered.(In fact, the state sent absentee ballot applications — not actual ballots — to 6.9 million registered voters in 2020. About 1.3 million absentee ballots were cast in the November election, and the state said that “all of them were verified for the voter’s identity and eligibility.”)Lawyers for Catherine Engelbrecht, a founder and president of True the Vote, said that efforts to root out fraud are protected by the First Amendment.Bridget Bennett/Reuters“Engaging in speech about elections and voter integrity, engaging in facilitating petitions by Georgia voters who are concerned about the residency status of other Georgia voters, is subject to the highest First Amendment protections,” he said. “And it’s a very high bar to show that this was done in bad faith.”The intimidation clause of the Voting Rights Act has been invoked before to punish both large-scale challenges to voters’ eligibility and the dispatch of monitors to watch polling places for “suspicious” activity. The national Republican Party was barred from participating in so-called ballot security efforts from 1982 to 2018 because of its involvement in both.The Georgia lawsuit presents a less clear-cut picture than those instances, said Justin Levitt, an election law scholar at Loyola Law School in Los Angeles.“It’s not in the center of the strike zone, but it’s not a wild pitch, either,” he said. “The context in this is everything.”True the Vote, a Texas-based organization that arose from Ms. Engelbrecht’s Tea Party activities more than a decade ago, has a checkered financial and legal history. Ms. Engelbrecht’s forays into conspiracy theories and far-right politics have led even some former allies to distance themselves from her activities.The organization’s former lawyer, the conservative legal powerhouse James Bopp Jr., quit the Georgia case in March and sued her and True the Vote over what he claimed was nearly $1 million in unpaid bills.The group has regularly aired charges of fraudulent voting and helped produce the recent film “2,000 Mules” that made widely debunked charges of ballot-stuffing at voting drop boxes in Georgia and elsewhere. In Georgia, the group, saying that it had planned to challenge 364,000 voter registrations statewide, unveiled its election integrity initiative in mid-December 2020, as early voting in the Senate runoffs was getting underway. The voters who faced a legal challenge were among Georgians who had filed change-of-address notices with the Postal Service but had not registered to vote at a new address. Experts say that comparing address lists and registration rolls is not a reliable method of identifying potentially illegal voters. True the Vote and a handful of allies, including local Republican Party officials, eventually forwarded to county election boards some 250,000 potential challenges to registrations. A majority of boards refused to consider them, and those that did appeared to have found no evidence of illegality.But in some cases, the plaintiffs said, local officials summoned voters to bring proof of their eligibility to hearings, and others were told to cast provisional ballots that would be counted only if their eligibility were proven. Political operatives have long used a similar tactic, sometimes sending warning letters about eligibility directly to voters, in efforts to depress turnout.Fair Fight claims that the Georgia effort, combined with the public recruitment of poll watchers and the promise of a financial payoff for allegations of fraud, were largely designed to frighten voters, not to uncover wrongdoing. In court filings, True the Vote has called the allegations overblown and stressed that very few voters were ever notified that their legitimacy had been challenged.Sheelagh McNeill More

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    Brian Kemp, Raphael Warnock and Georgia’s Post-Trump Present

    Georgia’s 16 electoral votes and a voting population that has supported both Democrats and Republicans at the top of the ticket in recent years keep the state one of few true battlegrounds.Georgia is, of course, also the place where Donald Trump called and asked a Republican to “find” votes. And Georgia is the place where the Fulton County district attorney, Fani Willis, filed criminal charges that led to the indictment of Mr. Trump and 18 others for a conspiracy to subvert the 2020 election. For all these reasons, Georgia is also home to conflicting visions about the present and future of the Republican Party, demonstrated by differing responses to the fourth indictment this year. Representative Marjorie Taylor Greene, one of Mr. Trump’s most enduring defenders representing one of the country’s more conservative districts, posted an image of an American flag upside down, signaling distress.And in one second-floor wing of Georgia’s State Capitol, a pair of Republican executives most likely shed few tears. The offices of Gov. Brian Kemp and Brad Raffensperger, secretary of state, sit just off a grand rotunda of the gold-covered dome in downtown Atlanta, and in 2020 the duo found themselves at the heart of a tsunami of threats and harassment.“The 2020 election in Georgia was not stolen,” Mr. Kemp said last month on social media in response to Mr. Trump’s claims that he would unveil a report demonstrating the state’s election was fraudulent. “The future of our country is at stake in 2024 and that must be our focus.” Mr. Raffensperger, who withstood pressure from Mr. Trump to “find” the votes that were not there, offered a more succinct response: “The most basic principles of a strong democracy are accountability and respect for the Constitution and rule of law. You either have it, or you don’t.”Enter a new paradox of Georgia politics: Even as voters and top leaders signal a desire to enter a post-Trump era, the former president’s antics in the courts and his hold on Republican politics keep him stuck squarely in the discourse like sweat on a humid Georgia summer afternoon.To understand the outsize influence Georgia will have on shaping the pathways of American politics once Mr. Trump is no longer the dominant force, one must look at the state’s recent electoral history that had voters send two Democrats to Washington and kept Republicans in charge back home.In the aftermath of the 2020 election, some savvy political operators and Washington insiders saw Republicans like Mr. Kemp and especially Mr. Raffensperger as dead men walking. The governor, a masterful retail politician, never wavered from his message touting a booming economy, looser coronavirus restrictions and a raft of conservative legislation around concealed carry, abortion restrictions and election administration. The secretary of state, a mild-mannered engineer, opted for Rotary Club speeches and smaller gatherings where he patiently explained that Georgia’s Republican-endorsed voting system was safe, accurate and one of the best in the country.Even as individuals like Mr. Kemp and Mr. Raffensperger saw personal success with an out-of-sight, out-of-mind approach, the larger Republican apparatus in the state has only further embraced Mr. Trump, purging the ranks of nonbelievers and elevating election deniers into key party posts.But it’s clear that Mr. Kemp and Mr. Raffensperger benefited from being diametrically opposed to Mr. Trump’s temperament and obsessive focus on his 2020 defeat. Despite signature accomplishments and ideological underpinnings lying farther to the right than a battleground state’s electorate should theoretically support, each earned some degree of crossover support from Democratic-leaning voters.That electorate’s tiring of Trump also paved the way for Senator Raphael Warnock to win a full six-year term in a December 2022 runoff against the Republican Herschel Walker. Mr. Warnock was the only statewide Democrat to win. The two-time nominee for governor, Stacey Abrams, a rising star in the Democratic Party, and the rest of the slate failed to gain an effective foothold against the Republican nominees’ strong economic messaging and general lack of Trumpiness.In other words: The disarray on the right has not meant an equal and opposite opportunity for those on the left. But under that same lens, a key bloc of Kemp-Warnock voters who perceived Mr. Warnock as a less extreme option propelled him to victory.Mr. Warnock’s success came from largely avoiding direct attacks on Mr. Walker, his Trump-backed policies and often nonsensical stances and statements. Mr. Warnock focused instead on a more positive message, centered on tangible governance like lowering insulin costs, promoting Democratic economic projects like the bipartisan infrastructure bill and casting himself as a more moderate figure representative of Georgia — while still speaking to the more progressive base of the party.To see Georgia’s post-Trump electoral strategy play out in the real world, look at the state’s rise as a hub for clean energy and electric-vehicle manufacturing, touted by Democrats and Republicans alike (and opposed by Mr. Trump these days, naturally) as good for the state.Mr. Kemp’s broad mandate at the start of his second term has allowed him to loudly trumpet the growth in electric-vehicle manufacturing and associated suppliers as a result of incentives and a friendly business climate (despite being an un-conservative industry). Mr. Warnock, Mr. Biden and Democrats have celebrated the boom in green tech as a direct impact of federal investment in infrastructure. Global companies have also smartly praised their state and federal partners in announcing their multibillion-dollar expansions built around generous tax incentives.Though Georgia may be emerging as a pioneer in post-Trump politics, the pathways of politicians like Mr. Kemp, Mr. Raffensperger and Mr. Warnock are not necessarily replicable in other states. Georgia’s electorate is more diverse than those in some other parts of the country, for starters. More challengingly, the political latitude enjoyed by these politicians and the broader constituency that elected them can primarily be measured by its distance from Mr. Trump.So where does that leave Georgia and its crucial electoral votes heading into the 2024 presidential election cycle, where recent polling (and not-so-recent polling) suggests a rematch between Mr. Biden and Mr. Trump?For the case against the former president, it’s not entirely clear yet when a trial might take place, but the legal updates seem to come weekly.For the state’s electoral system, the lingering effects of 2020 have manifested in closer scrutiny over voting procedures and those who help oversee them, as well as renewed preparation by local officials.For Mr. Kemp, the past is prologue: On Thursday, he found himself yet again facing calls for a special legislative session pushed by an ally of Mr. Trump’s, this time seeking to punish Ms. Willis because of the charges against the former president, in a plan that other officials have called impractical and possibly unconstitutional. Yet again, Mr. Kemp refused, warning his fellow conservatives against siding with what he called an effort “somebody’s doing to help them raise a few dollars into their campaign account.”“In Georgia, we will not be engaging in political theater that only inflames the emotions of the moment,” he said. “We will do what is right. We will uphold our oath as public servants and it’s my belief that our state will be better off for it.”It’s unclear what the future holds, for Mr. Trump in court, for the direction of the Republican Party and for the ability of Democrats to continue winning battlegrounds. But all the answers might be in Georgia.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.Stephen Fowler is the political reporter for Georgia Public Broadcasting and a regular contributor to National Public Radio. He also hosts the “Battleground: Ballot Box” podcast, which has chronicled changes to Georgia’s voting rules and political landscape since 2020. More

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    Unapologetic Black Power in the South

    I’m a strong advocate of Black reverse migration — Black people returning to Southern states from cities in the North and West in order to concentrate political power.This reverse migration was already happening before my advocacy, and it continues. As the demographer William H. Frey wrote for the Brookings Institution in September, the reversal “began as a trickle in the 1970s, increased in the 1990s, and turned into a virtual evacuation from many Northern areas in subsequent decades.”There are many reasons for this reversal, primarily economic, but I specifically propose adding the accrual of political power — statewide political power — to the mix.One of the ways that people often push back on what I’m proposing is to worry aloud about the opposition and backlash to a rising Black population and power base in Southern states.Well, Georgia is providing a proving ground for this debate in real life.I heard so many people after the Georgia runoff in which Raphael Warnock defeated Herschel Walker who said some version of “Yes, but it was still too close.”It seemed to me that those comments — and many others — missed the bigger point: Something absolutely historic is happening in Georgia that portends a massive political realignment for several Southern states.Georgia voters proved this year that the historic election of a Black senator from a Southern state by a coalition led in many ways by Black people was not a fluke.And that coalition sent Warnock back to the Senate in the face of fierce opposition. Not only did the Georgia state legislature and Gov. Brian Kemp do their best to suppress voters — a tactic almost always designed to marginalize nonwhite voters — but Republicans also turned out in droves to try to retain power that they see slipping from their grasp.Furthermore, in the general election, Black turnout was down. According to Nate Cohn, the Black share of the electorate fell to its lowest level since 2006.But then in the runoff, when the choice was narrowed and sharpened, the Warnock coalition bounced back, stronger and defiant.According to the Georgia secretary of state’s office, Black voters only account for 29 percent of registered active voters in the state. During early voting, Black voters outperformed. They went to the polls to prove a point. They voted to flex. According to a Pew Research Center report, the number of Black people registered to vote in Georgia increased 25 percent from 2016 to 2020, a far larger increase than any other racial group.Yes, many, like me, were offended by the presence of Walker as the alternative, and were voting as much to defy Walker as to affirm Warnock.But even there, I think we have to step back, take a breath, and soberly assess how historic his presence was. The power structure in Georgia was so shocked by what this Black-led coalition had done that they allowed Donald Trump to foist a thoroughly unqualified Black Republican on them, thinking that he would help them win back power.Georgia Republicans thought they could fracture the Black vote. They couldn’t. It held strong and united.There is a great, nearly inexpressible exhilaration in this realization as a Black citizen and voter. Black people and other minorities weren’t simply being called upon to tip the balance when white voters split down the middle. Every other Black senator in American history has been elected by a coalition led by white liberals. Warnock is the first elected by a coalition led by Black people.Black people were leading the charge in his election, and he was solid, bright and competent. This startling new reality of electoral politics demolished any lingering lies about inferior Black leadership or intemperate Black voters. Black voters want what any other voter should want: solid leaders who are responsive to them.Some may look at the defeat of Stacey Abrams in the governor’s race and see it as a sign of caution, that the “Old South” is alive and well. But I see it differently. Power will not be passively relinquished. Those with it will fight like hell to retain it. And in that power struggle, they will win some of the battles.Each election will depend on candidates and campaigns. The race between Kemp and Abrams is not a predictor of what is possible. Black voters in Georgia keep reminding themselves what’s possible when they focus their attention and effort as they did in this runoff.That kind of engagement — and the reward of winning — is psychologically powerful. Once a people taste power, state power, it seems to me that it will be hard to turn away from it. Having it begins to feel normal and expected.That is a reality that many in this country have feared for centuries. That is a reality that I now relish.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 and Twitter (@NYTopinion), and Instagram. More

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    Losing Another Runoff, Georgia Republicans Weigh an Election Shake-Up

    Some in the party said that additional changes to election rules were likely, after Senator Raphael Warnock’s victory put a new spotlight on a major 2021 voting law passed by the G.O.P.As Georgia Democrats won their third Senate runoff election in two years, the party proved it had crafted an effective strategy for triumphing in a decades-old system created to sustain segregationist power and for overcoming an array of efforts to making voting more difficult. Republicans, meanwhile, were quietly cursing the runoff system, or at least their strategy for winning under a state law they wrote after losing the last election.The various post-mortems over how Georgia’s runoff rules shaped the state’s Senate outcome on Tuesday put a spotlight on a major voting law passed by the Republican-led General Assembly last year. Some Republicans acknowledged that their efforts to limit in-person early voting days might have backfired, while others encouraged lawmakers to consider additional restrictions next year.With Georgia poised to remain a critical political battleground and with Republicans holding gerrymandered majorities in both chambers of its state legislature, some in the party said that additional election law changes were likely.Secretary of State Brad Raffensperger, a Republican who oversees the state’s voting procedures, said in an interview on Wednesday that there would be a debate next year over potential adjustments to Georgia’s runoff laws and procedures after Senator Raphael Warnock’s victory.Mr. Raffensperger said he would present three proposals to lawmakers. They include forcing large counties to open more early-voting locations to reduce hourslong lines like the ones that formed at many Metro Atlanta sites last week; lowering the threshold candidates must achieve to avoid a runoff to 45 percent from 50 percent; and instituting a ranked-choice instant-runoff system that would not require voters to come back to the polls again after the general election.Secretary of State Brad Raffensperger said there would be a debate next year over potential changes to Georgia’s runoff laws and procedures. Audra Melton for The New York Times“The elected legislators need to have information so they can look at all the different options that they have and really see what they’re comfortable with,” Mr. Raffensperger said.Understand the Georgia Senate RunoffNew Battlegrounds: Senator Raphael Warnock’s win shows how Georgia and Arizona are poised to be the next kingmakers of presidential politics, Lisa Lerer writes.A Rising Democratic Star: Mr. Warnock, a son of Savannah public housing who rose to become Georgia’s first Black senator, is a pastor and politician who sees voting as a form of prayer.Trump’s Bad Day: The loss by Herschel Walker, the Republican candidate, capped one of the worst days for former President Donald J. Trump since he announced his 2024 bid.Republicans are not the only ones hoping to end Georgia’s requirement that a runoff take place if no candidate in a general election wins at least half of the vote. Democrats have long viewed the practice — a vestige of racist 1960s efforts to keep Black candidates or candidates backed by Black voters from taking office — as an additional hurdle for working-class people of color.Park Cannon, a Democratic state representative from Atlanta who was arrested last year after knocking on the closed door behind which Gov. Brian Kemp signed the state’s voting law, said that last Friday, she had driven for 30 minutes and then waited an hour to vote early in person.Runoffs, Ms. Cannon said, “are not to the benefit of working families.” She added, “It’s very difficult to, within four weeks of taking time off to vote, have to do that again.”Since the law was passed in 2021, Georgia Democrats have criticized the new barriers to voting that it set in place. During the runoff, Mr. Warnock, a Democrat, spared no opportunity to highlight the law and characterize it as the latest in a decades-long push to minimize the influence of Black voters and anyone who opposed Republican control.His stump speech featured a regular refrain reminding supporters that Georgia Republicans had sought to prohibit counties from opening for in-person early voting on the Saturday after Thanksgiving, after the state’s Republican attorney general and Mr. Raffensperger concluded that doing so was in violation of state law. Mr. Warnock and Democrats sued, and a state judge agreed to allow for the Saturday voting.“People showed up in record numbers within the narrow confines of the time given to them by a state legislature that saw our electoral strength the last time and went after it with surgical precision,” Mr. Warnock said in his victory speech on Tuesday night in Atlanta. “The fact that voters worked so hard to overcome the hardship put in front of them does not eliminate the fact that hardship was put there in the first place.”Because of the new voting law, Tuesday’s runoff was held four weeks after the general election, rather than the nine-week runoff period under which Georgia’s high-profile Senate races in early 2021 unfolded. The nine-week runoff period that year had been ordered by a federal judge; runoff contests for state elections have always operated on a four-week timeline.Tuesday’s contest also included fewer days to vote and new restrictions on absentee ballots — and it ended with virtually the same result.The 3.5 million votes cast in Tuesday’s runoff amounted to 90 percent of the general-election turnout in the Senate race on Nov. 8. In 2021, when Mr. Warnock first won his seat, runoff turnout was 91 percent of the general-election turnout, which was higher because 2020 was a presidential year. The outpouring of voters in both years was orders of magnitude higher than in any prior Georgia runoff.A get-out-the-vote event on Tuesday near a polling site in Atlanta.Nicole Buchanan for The New York TimesThe booming turnout this year has led Georgia Republicans to insist that their voting law was not suppressive.“We had what I think was a nearly flawless execution of two huge elections in terms of turnout and in terms of accuracy and integrity,” said Butch Miller, a Republican leader in the Georgia State Senate who helped write the voting law and is leaving the chamber after losing the primary for lieutenant governor.Mr. Miller said he “didn’t care for” the way that some counties, including large Democratic-leaning ones in the Atlanta area, had opened for extra early voting days, a sentiment echoed by other Georgia Republicans after Mr. Warnock’s victory.The new law evidently had an effect on how Georgians voted. In the January 2021 runoffs, 24 percent of the vote came via absentee ballots that had been mailed to voters. On Tuesday, just 5 percent of the vote came through the mail, a result of restrictions on who could receive an absentee ballot and the shortening of the runoff period, which made it more difficult to request and receive a ballot within the allotted time period.The 2021 law also cut the amount of in-person early voting days to a minimum of five, but allowed Georgia’s counties to add more days before the state’s mandated early-voting week. The Warnock campaign pressed the state’s Democratic counties to open for early voting on the weekend after Thanksgiving, giving voters who were more likely to vote for the senator extra days to do so.But then Mr. Raffensperger sought to enforce a state law that forbids in-person early voting on the Saturday after Thanksgiving, leading to Mr. Warnock’s successful lawsuit.Jason Shepherd, a former chairman of the Cobb County Republican Party, said the push to stop Saturday voting “wasn’t worth the fight” and served to energize Democratic voters.“You can be completely right and it can send the wrong message, because it plays into the Democrats’ narrative about voter suppression,” Mr. Shepherd said on Wednesday.In the end, 28 of Georgia’s 159 counties opened for extra in-person early voting days. Of those, 17 ended up backing Mr. Warnock and 11 went for his Republican challenger, the former football star Herschel Walker.Compared with weekdays, when the entire state was open for in-person early voting, relatively few votes were cast on the extra voting days. Just over 167,000 votes in all were cast combined on the Saturday and Sunday of Thanksgiving weekend, along with the Tuesday and Wednesday before the holiday, when just two counties opened for voting. By contrast, 285,000 to 352,000 votes were cast statewide on each day of weekday early voting.But voters who cast ballots during those extra in-person early voting days were likely to tilt heavily toward Mr. Warnock.The largest 14 counties to back Mr. Warnock — including seven in metropolitan Atlanta — all opened for extra early voting days. Just two of the 11 largest counties to back Mr. Walker opened for extra in-person early voting days.Maya King More

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    Turnout by Republicans Was Great. It’s Just That Many of Them Didn’t Vote for Republicans.

    No, the main G.O.P. problem wasn’t prioritizing Election Day voting over early voting.Republicans turned out in force, but Herschel Walker still lost in Georgia.Nicole Buchanan for The New York TimesAfter yet another disappointing showing for Republicans in Georgia’s Senate runoff on Tuesday, some conservatives — like Sean Hannity, Newt Gingrich and Kevin McCarthy — have begun to point to a surprising culprit: a failure to take advantage of early voting.The theory seems to be that Republicans are losing because early voting is giving Democrats a turnout edge. It follows a similar conversation after the midterm elections, when a chorus of conservatives said Republicans needed to start encouraging mail voting.But as more data becomes available on turnout in this year’s election, it is quite clear that turnout was not the main problem facing Republicans.In state after state, the final turnout data shows that registered Republicans turned out at a higher rate — and in some places a much higher rate — than registered Democrats, including in many of the states where Republicans were dealt some of their most embarrassing losses.Instead, high-profile Republicans like Herschel Walker in Georgia or Blake Masters in Arizona lost because Republican-leaning voters decided to cast ballots for Democrats, even as they voted for Republican candidates for U.S. House or other down-ballot races in their states.Understand the Georgia Senate RunoffNew Battlegrounds: Senator Raphael Warnock’s win shows how Georgia and Arizona are poised to be the next kingmakers of presidential politics, Lisa Lerer writes.A Rising Democratic Star: Mr. Warnock, a son of Savannah public housing who rose to become Georgia’s first Black senator, is a pastor and politician who sees voting as a form of prayer.Trump’s Bad Day: The loss by Herschel Walker, the Republican candidate, capped one of the worst days for former President Donald J. Trump since he announced his 2024 bid.Georgia is a fine example. While Mr. Walker may blame turnout for his poor showing in November and earlier this week, other Republican candidates seemed to have no problem at all. Gov. Brian Kemp won by nearly eight points over Stacey Abrams; Republican candidates for House won the most votes on the same day.Yet Senator Raphael Warnock won in Georgia anyway because a large group of voters willing to back other Republicans weren’t willing to back Mr. Walker.The final turnout figures make it clear that Republicans — including Mr. Walker — benefited from very favorable turnout last month. Unlike in recent years, Republican primary voters were likelier to vote than Democrats (by a modest margin). Meanwhile, the white turnout rate exceeded the Black turnout rate by the widest margin since 2006.We went back and looked at the respondents to our pre-election Times/Siena survey, and matched them to post-election vote turnout records. We found that the respondents who said they backed Mr. Walker were actually likelier to vote than those who said they backed Mr. Warnock.But Mr. Walker still lost.On Tuesday, Mr. Walker lost again. This time, he lost by three points — two points worse than in November. The final turnout data won’t be in for weeks, but for now it is reasonable to suppose that Mr. Warnock fared better because the turnout was incrementally more favorable to him than it was in November.But that doesn’t necessarily mean Democrats enjoyed a great turnout. All of the Republicans running for statewide office — other than Mr. Walker — could have easily survived an electorate that was two points less favorable.By our estimates, the 2022 electorate was several points more favorable to Republicans in Georgia than the 2020 electorate — which wasn’t great for Democrats, either.Any Democratic gains in the runoff almost certainly weren’t because of early voting. After all, this election was held with just one week of early voting, as opposed to three weeks in the general election. The number of Election Day voters actually increased in the runoff. So did the share of votes cast on Election Day. But it was the Democrat who fared better.Georgia is just one example of a broader national turnout gap, including in many of the places where Republicans blame early voting for their woes.Take Maricopa County in Arizona. It’s home to Phoenix and around 70 percent of the state’s voters. Some Republicans say — without any clear evidence — they faltered in Arizona because some Maricopa voters were unable to cast ballots at the polls on Election Day, but the final turnout data shows that 75 percent of registered Republicans turned out, compared with 69 percent of Democrats. That was enough to yield an electorate in which registered Republicans outnumbered Democrats by nine percentage points. Yet Republicans like Mr. Masters and Kari Lake lost their races for Senate and governor.Or consider Clark County in Nevada. There, 67 percent of Republicans voted, compared with 57 percent of Democrats, implying that Republicans probably outnumbered Democrats statewide. Yet the Democrat — Catherine Cortez Masto — prevailed in the Senate while Republicans won the governorship and also won the most votes for the House.Wherever I’ve dug into the data, I see a similar story. You can read comprehensive analyses of North Carolina, Florida or New York, all showing a considerable Republican edge as well.In the key Senate states mentioned in this article, Republican House candidates received more votes than Democratic ones. The final Times/Siena polls showed that voters in Pennsylvania, Georgia, Arizona and Nevada preferred Republican control of the Senate.It’s fair to say voters in these key states probably preferred Republican control of government, in no small part because more Republicans showed up to vote. They just didn’t find Republican candidates they wanted to support at the top of the ticket. More

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    Wait! Wait! Georgia’s Over?

    As the sun sinks over Georgia, we bid adieu to the Senate runoff election that seems to have been contested since the beginning of time.Yes, dinosaurs once ruled the earth and Senate candidate Herschel Walker probably has a theory about how they could be killed by a werewolf. Or maybe a vampire.This certainly was a race to remember. But now it’s over; Georgia very rightly decided that Senator Raphael Warnock, an estimable candidate, was better for the job than a guy who couldn’t seem to be clear about how many children he’d fathered or abortions he’d paid for.But … Wait! Wait! Warnock got only a little more than 51 percent of the vote. That means more than 1.7 million Georgians thought it’d be a better plan to have a senator whose theory on global warming is: “Don’t we have enough trees?”And who had his legal address in Texas for tax-saving purposes.Let’s face it: Warnock was running against one of the worst candidates in modern American history. Who once referred to the upcoming election as an “erection.” It was one of the most expensive races of all time, during which the Warnock folks were able to buy about $54 million in TV ads — more than twice what Walker could afford.Warnock, a much-respected minister at Martin Luther King’s old church, had served in the Senate with dignity. (His maiden speech was a call for — what could be more daring? — making it easier for people to exercise the right to vote.) His campaign was as dignified as Walker’s was … not. You’d think he’d at least win by four or five points.Georgia’s election is part of the “Wait! Wait! There’s More!” theme that’s been dominating our politics lately.Good news always seems to have a disturbing downside. And it’s never just one weird/bad/unnerving thing. You think this is all because of Donald Trump?Well, the Herschel Walker candidacy sure was. How many times have we heard the stirring story about Trump first noticing Walker’s great gifts when the young man joined the United States Football League, of which Trump was, of course, a great team owner?Walker played for three seasons with the U.S.F.L., and really impressed Trump, who was also otherwise engaged in running the whole league into the ground.OK, forget the football stuff. That’s hardly core to Trump’s identity, which he’s always assured us is that of a great businessman.Wait! Wait! (You knew that was coming, right?) This week the Trump Organization was found guilty of tax fraud and other assorted crimes. Seventeen counts in all, including giving free off-the-books-don’t-tell-the-I.R.S. cars and apartments and cash to top employees.Yep. However, Trump wasn’t really on trial himself. It was just his people.But wait, wait … there are other potential crimes under investigation. What about the whole Mar-a-Lago classified records thing?Well, it’s hardly the same as that mean old New York court case. Our former president probably feels he deserves kudos for personally hiring people to search his golf course and Trump Tower and the storage closet at Mar-a-Lago to make sure there weren’t any overlooked official documents there.But wait, wait, wait, wait … Those papers were all supposed to go to the National Archives, right?Yeah, but the Trumpians will assure you that we’ve moved far away from the central matter of the Donald’s identity as a wealth-building genius. Snatching up official presidential documents and stashing them in your private home has nothing to do with bad business practices whatsoever.We certainly are living in a time of wait-wait. Whatever we thought yesterday turns out to be way less interesting and less awful than what we learn today. Imagine all those stolid Republican politicians who’ve spent years finding ways to express support for their former president when he says something … scary.You know, you just get used to smiling vaguely when a reporter asks you whether you think it’s strange that the former president was hanging out with an antisemitic rapper and an antisemitic white supremacist. Or why he was telling the nation nobody would be able to get a turkey for Thanksgiving. And you’re feeling you’ve got things pretty well in hand and then — wait, wait! He just called for terminating the Constitution.We’ve been going down this road a long time, folks, and things are the way they are. I don’t know about you, but I just want to forget about Georgia and Senate races and get back to thinking about a future when we’ll have different stuff to talk about.Wait, wait — stuff like the next presidential election? Trump tooting his horn a trillion times a day while folks like the governor of Florida, Ron DeSantis, try to help you really get to know them. You’re going to see so much of those folks, Herschel Walker will begin to seem like an old pal you should have invited on a trip to the Catskills.OK, maybe not. But I hear Joe Biden’s pretty much got his hat in the ring. How many times a day are we going to have to hear Republicans mention the possibility of an 86-year-old in the White House?Gee, at this very moment, that doesn’t sound terrible at all.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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    After Georgia Senate Loss, Republicans Stare Down Their Trump Dilemma

    ATLANTA — The Democrats’ capstone re-election victory of Senator Raphael Warnock forced Republicans to reckon on Wednesday with the red wave that wasn’t, as they turned with trepidation to 2024 and the intensifying divisions in the party over former President Donald J. Trump.Mr. Warnock’s two-and-a-half percentage point win over Herschel Walker in the Georgia Senate runoff left Democrats with a 51-49 seat majority in the upper chamber, a one-seat gain. That came despite dire predictions for a blood bath for President Biden’s party.It quickly had Republican fingers pointing every which way: at Senator Mitch McConnell of Kentucky, the Republican leader accused by detractors of abandoning or belittling embattled Republican Senate candidates; at Senator Rick Scott of Florida, the chairman of the National Republican Senatorial Committee, who many feel badly mismanaged the Senate Republicans’ campaign arm; and at Mr. Walker himself, for hiding and lying about his past, only to see the details stream out steadily over the course of his campaign.But for a handful of Republicans, newly emboldened by re-election or retirement to say so aloud, the biggest culprit was Mr. Trump. In increasingly biting terms, they slammed him for promoting flawed candidates, including Mr. Walker, dividing his party and turning many swing voters against the G.O.P. for the third election cycle in a row.“I think he’s less relevant all the time,” Senator John Cornyn, a Republican of Texas, said of the former president, who has begun a third bid for the White House.“It’s just one more data point in an overwhelming body of data that the Trump obsession is very bad for Republicans,” said Senator Patrick J. Toomey of Pennsylvania, a retiring Republican whose seat was flipped to Democrats by Lt. Gov. John Fetterman.Trump campaign aides responded with defiance, in a back-and-forth likely to be on repeat for the foreseeable future. Steven Cheung, a senior communications adviser for the former president, said they “are not going to be lectured by political swamp creatures who are already looking to find ways to make a quick buck in 2024 by running to the media and providing cowardly quotes.”The midterm losses like Mr. Walker’s not only squashed the G.O.P.’s high hopes of retaking control of the Senate but also signaled the party’s steep climb ahead. Voters in several presidential battleground states resoundingly rejected candidates aligned with the former president, handing Republicans losses in winnable races in Arizona, Pennsylvania, Nevada, New Hampshire and, finally, Georgia.Mr. Trump’s influence was indisputable in the suburbs, said Rusty Paul, the Republican mayor of Sandy Springs, a booming suburban city on Atlanta’s northern edge.Mr. Paul allowed that the once almost-wholly affluent, almost-wholly white community had become more diverse ethnically, racially and economically, tipping it in Democrats’ favor.Herschel Walker giving his concession speech on Tuesday night.Nicole Buchanan for The New York TimesA scorecard with election results left at Mr. Walker’s election night party.Nicole Buchanan for The New York Times“All of those are factors, but the greatest factor is Trumpism,” he said.“There’s a very strong conservative streak in the northern suburbs, Cobb, North Fulton — if Trump’s not engaged, they’ll still vote Republican,” he continued, speaking of the northern edge of Atlanta’s main county and Cobb County, just to the west. “But if they feel Trump’s influence, they’ll vote against him.”Trump loyalists in Georgia and beyond disputed that assessment. Former Speaker Newt Gingrich, who represented many of those suburbs for years as a House Republican, blamed a list of factors beside Mr. Trump, down to the mockery by “Saturday Night Live” of Mr. Walker three days before the runoff election. It’s the G.O.P. versus the media, Big Tech, Hollywood and the nation’s social power structures, he said.Understand the Georgia Senate RunoffNew Battlegrounds: Senator Raphael Warnock’s win shows how Georgia and Arizona are poised to be the next kingmakers of presidential politics, Lisa Lerer writes.A Rising Democratic Star: Mr. Warnock, a son of Savannah public housing who rose to become Georgia’s first Black senator, is a pastor and politician who sees voting as a form of prayer.Trump’s Bad Day: The loss by Herschel Walker, the Republican candidate, capped one of the worst days for former President Donald J. Trump since he announced his 2024 bid.“We underestimate how big the mountain is that we’re trying to climb,” he said.But Mr. Gingrich also raised the prospects of a disastrous 2024, as Trump’s supporters split acrimoniously with its anti-Trump wing of the party the way conservatives in 1964 backed Barry Goldwater and moderates sided with Nelson Rockefeller.“My greatest fear is that we’re going to end up in a 1964 division” that left Republicans crippled in Congress, he said in an interview Wednesday. “I can imagine a Trump-anti-Trump war over the next two years that just guarantees Biden’s re-election in a landslide and guarantees that Democrats control everything.”Senator Raphael Warnock visited students at Georgia Tech on Monday.Nicole Craine for The New York TimesMr. Warnock speaking to reporters on Tuesday in Norcross, Ga.Nicole Craine for The New York TimesEmerging from the midterms, the anti-Trump wing has plenty of ammunition to make its case for a break. Two of Mr. Trump’s most prominent Republican foils in Georgia, Gov. Brian Kemp and Secretary of State Brad Raffensperger, won re-election easily, in part because of their refusal to back the former president’s lie that the state had been stolen from him in 2020. Their resistance confirmed to Republican-leaning swing voters that they were not in Mr. Trump’s thrall.In contrast, Mr. Walker, who was urged to run by the former president and has already said he intends to vote for Mr. Trump for president, lost ground among almost every type of precinct in the four weeks between Election Day on Nov. 8 and runoff day on Tuesday, according to a New York Times analysis.The Republican fared worse in the runoff at precincts that initially backed Mr. Warnock and Mr. Kemp, at precincts dominated by college graduates, at urban and suburban precincts, affluent precincts and at Black precincts and Hispanic precincts. The only precincts where he held his own were in rural areas and areas with white, noncollege voters.Mr. Walker, a first-time candidate and former football star, had plenty of troubles that had nothing to do with Mr. Trump. His campaign was repeatedly hit with damaging revelations that might have knocked other candidates out of the race, including accusations of domestic violence, unacknowledged children and hypocrisy on abortion.And beyond Mr. Trump, there are other factors changing Georgia’s political hue: the in-migration of voters of color from around the country, the movement of politically active Black voters from central Atlanta to suburbs near and far, where they carried on their organizational activities, and the activation of white women like Jennifer Haggard, a real estate agent and lifelong Sandy Springer, who cast aside reflexive conservatism for a more open-minded politics.“I’m the white Republican who turned swing voter for sure,” Ms. Haggard said after voting for Mr. Warnock. She cited Mr. Trump as easily the biggest factor, but happily voted for Mr. Warnock.In the face of trends favoring Democrats, Georgia Republicans failed to nominate a Senate candidate who could galvanize both the party’s hyper-conservative base and its moderate factions — a group that many in the G.O.P. believe still makes up a majority of the state’s electorate.That failure extended beyond Georgia. Republican candidates in the primary season reached into Mr. Trump’s ideological milieu to capture his voters, moving so far that they could not credibly swing to win back the center in the general election.“Even if you capture all of the Trump voters, you may be able to win a primary but you’re not necessarily going to win a general election and in this business, you have to win an election before you can actually govern,” said Mr. Cornyn, who for years dodged questions about Mr. Trump. “It’s not like coming in second and getting a trophy like you did in junior high school for participation.”For many Trump-loyal voters, the question may come down to whether they are willing to make a cold-eyed assessment of electability or follow their hearts. The chorus of Republican voices arguing for electability is growing louder.“More strings of defeats delivered to us clearly by Donald Trump is enough for our party to realize we’ve got to move on if we want to win,” Paul D. Ryan, the former Republican Speaker of the House, said in a SiriusXM interview. “We should not just concede the country to the left by nominating an unelectable candidate like Donald Trump.”Even Mr. Walker’s team seemed to acknowledge Mr. Trump was a drag on the candidate in the final weeks of the race. As the former president teased a visit to Georgia, Trump aides worked with the Walker campaign to agree to scrap an in-person rally and instead hold the event via phone. Mr. Walker did not frequently mention Mr. Trump in his campaign speeches. And in his final concession speech, he did not say the former president’s name.Jack Kingston, a former House Republican from the Savannah area, argued that Mr. Trump’s influence was overblown. In 2021, as two Georgia Senate races headed to a runoff, Mr. Trump, then the president, was railing against a rigged election, signaling to Republicans that their vote wouldn’t count, he noted. This time around, he was far less present.“I would not say the invisible hand of Donald Trump was telling Herschel Walker what to do,” Mr. Kingston said on Wednesday. “He was his own man.”Stephanie Lai More

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    How Can Democrats Use Their Final Weeks in Power?

    This article is part of the Debatable newsletter. You can sign up here to receive it on Wednesdays.The Democratic Party’s success in securing a 51st Senate seat in the Georgia runoff Tuesday is certainly consequential, but it did nothing to avert an imminent shift in the national political environment: On Jan. 3, Republicans will take control of the House of Representatives, and it will be two years at least — if not much longer, given historical trends — before Democrats again have the power to enact major legislation.This period between an election and the transition of power is known as a lame-duck session, and in recent years, it’s often when Congress has been most productive. How will Democrats make use of this one? Here are just some of the most pressing legislative priorities on the party’s agenda that could be accomplished without fear of a Republican filibuster in the Senate, or with the possibility of enough Republican votes to block such a move.Keeping the government — and the global financial system — runningCongress is staring down a Dec. 16 deadline to pass a budget for the 2023 fiscal year. If it doesn’t, the government could be forced to shut down, as it did in 2013 and twice in 2018, depriving hundreds of thousands of government workers of pay and disrupting public services.But an even more urgent threat, German Lopez of The Times recently wrote, is that Republicans will refuse to raise the limit on how much money the government can borrow, which Congress frequently must do to fund the budget it has approved. If the government hits the debt ceiling, which could happen early next year, it could eventually lose the ability to make debt payments and be forced, for the first time, to default, with potentially calamitous effects for the global economy.Once a pro forma administrative task, raising the debt ceiling became a matter of high-stakes brinkmanship during the Obama administration, as Republicans repeatedly leveraged the threat of default to push for spending cuts and regulatory rollbacks. In October, Representative Kevin McCarthy, the minority leader hoping to become speaker, suggested that his party would deploy this strategy again to force “structural changes” to programs like Social Security and Medicare.Democrats have two options to avert financial crisis, Peter Orszag, a former director of the Office of Management and Budget and the Congressional Budget Office, explains: Win over enough Senate Republicans to form a filibuster-proof majority to raise the debt ceiling, or raise it unilaterally through the reconciliation process, which would require only 50 votes.“Any Democrats averse to taking such a painful vote now should consider how much leverage their party will lose once Republicans control the House — and how much higher the risk of default will be then,” he writes in The Washington Post.The trade-off, however, is that raising the debt ceiling with only Democratic votes would take much longer — about two weeks — than if Republicans were on board. “This might crowd out Democrats’ ability to pass almost any other legislative priority while they still control both chambers,” notes Catherine Rampell in The Washington Post.Preventing a repeat of Jan. 6Given concerns about the integrity of the 2024 presidential election, another major Democratic priority is modernizing the Electoral Count Act, a 1887 law governing the Electoral College counting procedure. The law’s ambiguous language became the legal basis for Donald Trump’s attempt to overturn the results of the 2020 presidential election, culminating in the Jan. 6 attack on the Capitol.Reforming the law to prevent such schemes has bipartisan support: Nearly 40 senators, including 16 Republicans, have signed on to a bill introduced in the Senate over the summer, and the House passed its own bill in September.“Both the Senate and House bills are far better than what we have right now, and either one would go a long way to ensuring that the electoral-count law cannot be used as a tool for subverting the election in 2024 or beyond,” the Times editorial board wrote last month. “Congress needs to pass the overhaul now, when it has willing majorities in both houses and well before anyone casts a ballot in 2024.”Reforming the immigration systemNearly two years after President Biden proposed the most comprehensive immigration reform since the Reagan administration, Democrats have made very little headway on the issue. But this week, there were signs of a potential breakthrough when a bipartisan pair of senators reportedly drafted a framework for legislation that would create a pathway to citizenship for two million DACA recipients and improve the asylum system. In exchange, it also contains provisions for expediting the deportation of migrants who fail to qualify for asylum and continuing the use of Title 42, a Trump-era emergency public health order that restricts the right to claim asylum.Some immigration advocates have called on congressional Democrats to seize the opportunity. “House Republicans are not likely to allow any measures to improve immigration matters to reach a vote, preferring to have the political issue for the next elections rather than solutions,” said Vanessa Cárdenas, executive director of America’s Voice. “This year and the remaining weeks in this Congress present the best opportunity to enact legislation.”But obstacles to a bipartisan immigration deal are formidable. Republican senators “might decide that the G.O.P. won’t get any credit even if the effort succeeds — that credit might go to President Biden — and that it’s better to retain the permanent ‘border crisis’ as an issue,” writes Greg Sargeant of The Washington Post. On the Democratic side, he adds, “the continuation of Title 42, which has been a human rights disaster, and the beefed up removal process might make it a nonstarter among progressives in both chambers.”De-escalating the war on drugsAs overdoses soar and public opinion turns against the war on drugs, proponents of drug law reform say there may be an opening for Congress to save lives by passing bipartisan measures like the Mainstreaming Addiction Treatment Act, which would increase access to medication used to treat opioid addiction, and the Medicaid Re-Entry Act, which would reduce disruptions in medical care for people who have just been released from jail or prison.Another bill called the EQUAL Act, which would end the federal sentencing disparity between crack cocaine and powder cocaine offenses, already has more than 10 Republican co-sponsors, “so it can withstand a filibuster and seems ripe for some action this lame-duck session,” Udi Ofer, a professor at Princeton’s School of Public and International Affairs, said last month.Staying ahead of the coronavirusThe Biden administration last month asked Congress for an additional $9 billion to fund its response to the coronavirus pandemic, which is still killing more than 280 Americans per day and remains a leading cause of death in the United States.Some of the $9 billion would go toward researching long Covid and ensuring continued access to vaccines and treatments, which have fallen out of reach for more and more uninsured Americans as federal money has dried up.About $5 billion would go toward creating a program in the mold of Operation Warp Speed, to develop next-generation therapeutics and vaccines, like nasal sprays that could block more infections and universal, variant-proof coronavirus shots.Many scientists believe that nasal vaccines could be crucial to reducing Covid’s disease burden, but the United States has lagged other countries in developing one because of underinvestment. Congressional Republicans have rebuffed requests for more pandemic funding, having accused the administration of mishandling previous allocations. They have also questioned the necessity of more aid, pointing to Biden’s declaration in September that “the pandemic is over.”Democrats now find themselves in the awkward position of trying to make the case for more funding without admitting error: “While COVID-19 is no longer the disruptive force it was when the president took office,” the White House wrote in a November letter to Congress, “we face the emergence of new subvariants in the United States and around the world that have the potential to cause a surge of infections, hospitalizations, and deaths, particularly as we head into the winter months.”Protecting marriage equalityOne major legislative effort that is likely to advance is the Respect for Marriage Act, which would enshrine federal protections for same-sex and interracial marriage. The issue took on newfound importance this summer after Supreme Court Justice Clarence Thomas wrote that the court “should reconsider” the 2015 precedent establishing the right of gay couples to marry.Some conservatives have dismissed the bill as a response to an imaginary threat and one that endangers religious liberties; many liberals argue the bill doesn’t go far enough, since it wouldn’t prevent states from refusing to issue marriage licenses to same-sex couples. Nonetheless, the measure attracted enough Republican support to pass in the Senate last week and is expected to win final approval in the House.To some, the success of a bill that was considered just a few months ago to be dead on arrival suggests there might be opportunities for more congressional breakthroughs, albeit within a very limited window. “As with the same-sex marriage bill, bipartisan legislation revising the 19th century Electoral Count Act wasn’t politically possible before the midterm elections and wouldn’t be once Trumpian Republicans are in charge of the House schedule in four weeks,” writes Jackie Calmes, a columnist for The Los Angeles Times. “Enjoy these few weeks of what passes for bipartisanship as Congress waddles to its end. You won’t be seeing much of that over the next two years.”Do you have a point of view we missed? Email us at debatable@nytimes.com. Please note your name, age and location in your response, which may be included in the next newsletter.READ MORE“Can Republicans and Democrats Find a Way Forward on Immigration?” [The New York Times]“What should Democrats do in the lame-duck Congress?” [The Economist]“Same-Sex Marriage Bill Passes Senate After Bipartisan Breakthrough” [The New York Times]“Here’s how Congress can make the lame-duck session a mighty one”[The Washington Post] More