Did Redistricting Cost Democrats The House?

“The 2022 election for the House of Representatives was so close1 that if any number of things had gone differently, Democrats might have kept their majority. And one of the biggest things that affected the battle for the House was redistricting — the decennial redrawing of congressional districts’ lines to account for the results of the 2020 census.
But was the impact of redistricting significant enough to swing the House to the GOP? As I wrote in June, the 2021-22 redistricting cycle didn’t radically change the partisanship of the national House map, so I mostly agree with those who say redistricting didn’t cost Democrats the House. But at the same time, those who say Republicans won only because they gerrymandered are also technically correct. How can both things be true? Allow me to explain.

One way to test the claim that “redistricting cost Democrats the House” is to assess whether Democrats would have held onto the chamber if redistricting had never happened. We at FiveThirtyEight have already calculated how many percentage points each district swung left or right thanks to redistricting. For example, a district that went from a partisan lean2 of R+2 to D+3 got 5 points bluer. Then I compared this swing to the current 2022 House margin in that district.3 Suppose a party lost by less than the district swung away from that party in redistricting. In that case, it’s likely that redistricting cost that party the seat.

Of course, this is a hypothetical — and imperfect — exercise. Some districts changed substantially and wouldn’t have swung uniformly like that had they not been redrawn.4 In addition, if they had not changed, different districts might have attracted different candidates and different levels of spending from national groups, each of which could have affected the result. But this method can still give us a rough idea of what might have happened in a redistricting-less world.

Using this method, we can see that Republicans flipped a net six seats because of redistricting.”

“But Democrats also caught a few bad breaks in states with ostensibly nonpartisan redistricting processes. For example, the Arizona Independent Redistricting Commission made the 2nd and 6th districts5 about 10 points more Republican-leaning. In Michigan, the state’s Independent Citizens Redistricting Commission redrew the 10th District6 to be light red. And court-appointed experts nudged the New York 17th and Virginia 2nd rightward enough that they flipped too. Meanwhile, Democrats on the New Jersey Congressional Redistricting Commission voluntarily sacrificed the 7th District to protect vulnerable Democrats in other districts.

On the other hand, Democrats flipped a few seats thanks to redistricting. They drew some very Democrat-friendly maps in Illinois and New Mexico, enabling them to pick up the Illinois 13th and New Mexico 2nd. A court reconfigured North Carolina’s 13th District from a solidly red seat into a swing district that Democrats narrowly carried. And Republicans made the Ohio 1st District and Texas 34th District bluer, with the unfortunate (for them) side effect of handing those seats to Democrats.

But we also need to consider seats that didn’t flip but would have if redistricting had not occurred. And this is where Democrats benefited the most, gaining six seats on net — and canceling out Republicans’ gains from the flips that did occur.”

“Democrats also gained a net three seats from reapportionment, the process of subtracting congressional districts from states with sluggish population growth and giving them to states whose populations have exploded. Six of the seven districts that were eliminated by reapportionment were held by Republicans — slow-growth areas tended to be in rural and/or postindustrial areas, where Republicans usually dominate. But Republicans won only three of the seven districts that were created in reapportionment, for a net Democratic gain of three seats.”

“By my reckoning, Democrats actually gained three seats from redistricting overall. In other words, without redistricting, Republicans’ majority would be closer to 225-210.

“But wait,” I hear you saying. “There was no world in which redistricting wouldn’t have occurred in 2021-22. So isn’t it better to calculate how the 2022 election would have gone down if redistricting had gone differently, not if it hadn’t happened at all?” You have a point — but the problem is, there is no objective alternative map. The congressional map could have changed in a thousand ways depending on individual, state-level decisions.”

“[If redistricting went differently in a number of ways in favor of the Democrats,] Democrats probably would have won five more seats than they actually did.”

“five additional seats for Democrats would have been enough for them to hold onto a slim 218-217 majority. So yes, if every Republican gerrymander had been undone in court before the 2022 election, Democrats may have kept control of the House.

But that’s assuming no additional Democratic gerrymanders were thrown out in court.”

Opinion | The Criminal Referrals Are Not Enough

“In the end, the insurrection was just the back-up plan. That’s one critical finding by the Jan. 6 select committee to keep in mind when digesting its sweeping criminal referrals of Donald Trump.
The former president floated the idea of marching on the Capitol with a “large and wild crowd” only after his White House advisers and lawyers aggressively tried to quash a quilt of crazy schemes to use federal courts, election administrators, state legislators and ersatz presidential electors to thwart the lawful, peaceful transfer of power. It was a last-ditch resort. And the violence of Jan. 6 would have had its intended effect only if some of those legal machinations had already put enough sand in the gears of the democratic process.”

“consider the sitting politicians who coordinated with Trump’s illegal efforts to thwart the democratic process. A facile take would be that election denialists allied with Trump were roundly defeated in the midterms. But this is just not so: Incumbent Republicans who denied the truth about the election, in fact, overwhelmingly won last month, and their voters continue to have low levels of trust in the election process. And as misinformation explodes afresh on Twitter, it would be reckless to imagine that candidates’ lies about how our democracy and laws are working will somehow abate.”

“there is no durable mechanism in place to forestall or punish elected representatives who violate the public trust in this way. Specifically, there is no clear, legislated structure to bar insurrectionists from holding office as required by Section 3 of the Fourteenth Amendment.”

“consider those who participated in the fake slates of electors. The process of certification, and wide array of state officials and private citizens involved in it, remains vulnerable to wrongdoing at multiple points. The committee’s referral to DOJ on making false statements rightly homes in upon the fake presidential elector slates. Such prosecutions may well have real deterrence effects. This is important because so far, state prosecutors in six out of seven states are failing to investigate or bring charges after false slates were assembled, voted upon and transmitted to the U.S. Archivist.”

“the Jan. 6 committee has plausibly broken through to the broader public. It would be a profound shame if the committee’s vital work was misunderstood as a howl for revenge, rather than the more profound call for democratic renewal that it truly is.”

What Does the Respect for Marriage Act Actually Say?

“Twelve Republican lawmakers crossed the aisle and voted with all the Democrats for the bill, which will enshrine federal recognition for same-sex and interracial marriages in states that have legalized it.

The Respect for Marriage Act is intended as a backstop should the Supreme Court ever decide to reconsider and overturn U.S. v. Windsor, which ruled that the federal government must recognize state-approved, same-sex marriages, and Obergefell v. Hodges, which ruled that all states and the federal government must legally recognize same-sex marriage. The Respect for Marriage Act repeals and replaces the Defense of Marriage Act, passed in 1996, which prevented the federal government from recognizing same-sex marriage.”

“The Respect for Marriage Act requires the federal government to recognize same-sex marriages performed in states where it is legal. This is obviously very important in terms of taxes and federal benefits that are tied to marriage. This is not an expansion of the federal government so much as widening the group of people who have access to existing privileges, rights, and benefits.”

“The Respect for Marriage Act does not require any state to legalize same-sex marriages. Many states still have bans on recognition on the books. If the Supreme Court ever decides to overturn Obergefell, those bans will likely become active again. The Times coverage somewhat downplays this, and some gay couples might end up being surprised at what happens if Obergefell ever goes away.

The Respect for Marriage Act does require states to recognize same-sex marriages performed legally in other states. While this feels awkward and intrusive from a federalism standpoint, do try to imagine what would happen if this were not the case. More specifically, try to imagine if this were not the case with heterosexual couples. Each state sets its own marriage rules, but each state historically recognizes legal marriage licenses from other states for heterosexual couples. Gay couples shouldn’t be any different.

The Respect for Marriage Act lets religious organizations decline to participate in gay weddings. The bill specifically provides that churches and other houses of worship, religious groups, faith-based social agencies, etc. “shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage. Any refusal under this subsection to provide such services, accommodations, advantages, facilities, goods, or privileges shall not create any civil claim or cause of action.””

The GOP’s same-sex marriage evolution: A slow, choppy tidal shift

“LGBTQ advocates chafe at the fact that the bill does not truly codify a national right to same-sex marriage, instead repealing the Defense of Marriage Act and requiring all states to recognize marriages performed in other states should the high court reverse its earlier ruling. Supportive Republicans may not have gone further than they did, and the bill only squeaked by Tuesday, 61-36.”

Nancy Pelosi was really, really good at her job

“House Speaker Nancy Pelosi, who announced she’d step down from leading the House Democrats on Thursday, made history as the first woman to ever hold the position and was a political target — and thorn in the side — of Republicans for the better part of two decades. All that frequently obscured her mastery of her job and her singular skills as a legislator, according to Molly Ball, a Time political correspondent and author of the biography Pelosi.
Pelosi has been central to many of Democrats’ biggest policy wins in recent years. She kept a divided caucus unified to pass landmark bills, including the Affordable Care Act, Dodd-Frank banking reforms, and the American Rescue Plan. She won so many concessions from Treasury Secretary Steve Mnuchin on Covid-19 relief that he had to be pulled from the talks, according to Ball. And she’s corralled members time and again when the party seemed on the verge of fracturing over their differences.

“Here’s someone who had a 30-year career being the force behind all kinds of major legislation and liberal accomplishments in the House, chief among them the ACA. But when people talked about her, the only thing they seemed to talk about was just how disliked she was,” says Ball of the misconceptions people held of Pelosi when she first began reporting on the speaker.”

Freight rail strike averted, after frenzied negotiations

“The Senate voted Thursday to avert a freight rail strike just days before crucial drinking water, food and energy shipments were set to be sidelined, after hurried talks in both chambers of Congress and a visit to the Senate from two of President Joe Biden’s Cabinet secretaries — but a bipartisan push to add paid sick leave to the deal fell short.
Ultimately the Senate voted 80-15, with Sen. Rand Paul (R-Ky.) voting present, to pass a bill that would impose the terms of a contract negotiated among freight railroads and most of their unions in September. Four out of the 12 unions involved had been holding out for additional paid sick days, making a strike possible as soon as Dec. 9.”

““What’s frustrating is that the railroads know that their backstop is federal government intervening in a strike,” said Tony Cardwell, president of the Brotherhood of Maintenance of Way Employes Division, one of the four unions that rejected the tentative agreement. “The railroads would have come running to the bargaining table if they knew that we would have been able to go on strike. But they were reliant on the Congress stopping our strike, and therefore they bargained in bad faith.””