‘Snakes, tentacles and dragons’: GOP boosts incumbents with new Texas congressional map

“Texas Republicans’ new congressional map shores up some two dozen of their incumbents while capitalizing on the GOP’s newfound appeal among Latino voters by creating two new pickup opportunities in the Rio Grande Valley.

The end result of the map proposed on Monday: It will likely give Republicans control of at least 24 of the state’s 38 congressional seats next November, with a good shot at one or two more.

Yet while it blunts Democrats’ suburban momentum by shredding up the purple areas around the state’s major cities — one Democratic incumbent lambasted “lines shaped like snakes, tentacles, and dragons” — the map should give Democrats between 12 and 14 of the seats, roughly the same as their current share.”

Georgia Republicans didn’t waste any time in using their new voter suppression law

“In March, Georgia Republicans passed SB 202, a sweeping new election law that erects obstacles between Georgia voters and their right to cast a ballot. While some are relatively minor or even popular, the most ominous provisions of this new law allow the state election board, which is dominated by Republicans, to seize control of county election boards. Those boards can disqualify voters, move polling precincts, and potentially even refuse to certify an election count.”

“letters from Republican lawmakers are the first step in the legal process Republicans may use to take over elections in Fulton County, the most populous county in the state, which encompasses most of Atlanta. In 2020, nearly 73 percent of Fulton County voters cast a ballot for President Joe Biden. Biden won the county by nearly a quarter-million votes, enough to push him ahead of former President Donald Trump in a state decided by 11,779 votes overall.

Both letters ask the state elections board to begin a “performance review” of the local officials who oversee elections in Fulton County. The senators claim that such a review is justified because “nearly 200 ballots were scanned twice last fall” during the initial vote count in Fulton — a claim that was previously featured on Tucker Carlson’s show.

The reality is much more nuanced, and it suggests that the state’s existing systems worked exactly as they were supposed to work. Although nearly 200 ballots were double-counted during the first count of Fulton County’s ballots, Georgia conducted both a machine recount and a hand recount of all its ballots, given how close the statewide result was. And there’s no evidence that any ballots were counted twice in the final tallies that showed Biden ahead of Trump.

It appears likely that a poll worker in Fulton County made a minor clerical error, and this error was corrected in the subsequent recounts.

Nevertheless, it is probably inevitable that the GOP-controlled state elections board will open an investigation into Fulton County. And once this investigation concludes, the state board can use it as a pretext to remove Fulton County’s local elections board and replace it with a temporary superintendent who can undermine voting within that county.”

“The outcome of Georgia’s 2022 statewide elections, in other words, may not be determined by the state’s voters. It could hinge on a sham investigation into Fulton County’s election administration — and by a partisan board’s subsequent decision to place a partisan official in charge of counting most of the votes in Atlanta.”

Raphael Warnock’s plan to neutralize a GOP takeover of Georgia elections, explained

“prior efforts to restrict the franchise frequently placed unnecessary hurdles in the way of voters, such as by requiring them to show certain forms of ID or by limiting where and when voters can cast their ballot. These sorts of laws are troubling, but they can be overcome by determined voters.

SB 202, by contrast, is part of a new generation of election laws that target the nuts and bolts of election administration, potentially allowing voters to be disenfranchised even if they follow the rules.”

How America lost its commitment to the right to vote

“The Voting Rights Act is arguably the most successful civil rights law in American history. Originally signed in 1965, it was the United States’ first serious attempt since Reconstruction to build a multiracial democracy — and it worked. Just two years after President Lyndon Johnson signed the Voting Rights Act into law, Black voter registration rates in the Jim Crow stronghold of Mississippi skyrocketed from 6.7 percent to nearly 60 percent.

And yet, in a trio of cases — Shelby County v. Holder (2013), Abbott v. Perez (2018), and Brnovich v. DNC (2021) — the Court drained nearly all of the life out of this landmark statute. After Brnovich, the decision that inspired Kagan’s statement that the Court has treated the Voting Rights Act worse than any other federal law, it’s unclear whether the Supreme Court would rule in favor of voting rights plaintiffs even if a state legislature tried to outright rig an election.

These cases are the culmination of more than half a century of efforts by conservatives who, after failing to convince elected lawmakers to weaken voting rights, turned to an unelected judiciary to enact a policy that would never have made it through Congress. All of this is bad news for minority voters in America, who are most likely to be disadvantaged by many of the new restrictions currently being pushed in statehouses across America, and for the country’s relatively young commitment to multiracial democracy. And there are at least three reasons to fear that decisions like Shelby County and Brnovich foreshadow even more aggressive attacks on the right to vote.”

“Georgia recently enacted a law that effectively enables the state Republican Party to disqualify voters and shut down polling precincts. If the state GOP wields this law to close down most of the polling places in the highly Democratic, majority-Black city of Atlanta, it’s unclear that a Voting Rights Act that’s been gravely wounded by three Supreme Court decisions remains vibrant enough to block them.”

“The impact of Shelby County was fairly swift. In 2013, for example, Texas enacted racially gerrymandered legislative maps, even though a federal court had rejected many key elements of these maps under the Voting Rights Act’s preclearance provisions. Yet, with preclearance dead, the Supreme Court upheld nearly all of Texas’s gerrymandered maps in Abbott v. Perez (2018).

Similarly, if preclearance were still in effect, it is unlikely that many of the controversial provisions of Georgia’s recently enacted voter suppression law would survive. And certainly no federal official acting in good faith would permit Georgia to simply start closing down polling places in Black neighborhoods.”

“The biggest uncertainty surrounding the Court’s voting rights decisions, in other words, is whether the Court will enable efforts to lock Republicans into power no matter what voters do to elect their candidates of choice, or whether the Court’s majority will, at some point, tell their fellow Republicans in state legislatures that they’ve gone too far.

The answers to these questions, moreover, won’t be found anywhere in the Constitution, or in any law enacted by Congress. The Roberts Court’s voting rights cases bear far more resemblance to the old English common law, a web of entirely judge-created legal rules governing areas such as contracting and property rights, than they do to the modern, more democratic model where federal judges are supposed to root their decisions in legal texts. The future of democracy in the United States will be decided by six Republican-appointed justices’ arbitrary whims.

And, if a majority of the justices do support a wholesale attack on liberal democracy, their actions will hardly be unprecedented.

Nearly a century before President Lyndon Johnson signed the Voting Rights Act, Congress and state legislatures passed a different kind of legislation that was supposed to guarantee the franchise to people of color.

It’s called the 15th Amendment, with its command that “the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”

The pre-Voting Rights Act United States did not deny voting rights to millions of African Americans because we lacked a legal guarantee protecting the right to vote. We did so because powerful public officials — including judges — decided that they did not care what the Constitution had to say about voting rights.

We’re about to find out whether the Supreme Court is going to repeat that history.”

The Democrats Need a Reality Check

“But the FDR and LBJ examples show conclusively why visions of a transformational Biden agenda are so hard to turn into reality. In 1933, FDR had won a huge popular and electoral landslide, after which he had a three-to-one Democratic majority in the House and a 59-vote majority in the Senate. Similarly, LBJ in 1964 had won a massive popular and electoral vote landslide, along with a Senate with 69 Democrats and a House with 295. Last November, on the other hand, only 42,000 votes in three key states kept Trump from winning re-election. Democrats’ losses in the House whittled their margin down to mid-single digits. The Senate is 50-50.

Further, both Roosevelt and Johnson had crucial Republican allies. In the 1930’s, GOP Senators Robert LaFollette and Frank Norris were ardent advocates for organized labor. In the ‘60s, Senate Minority Leader Everett Dirksen gave LBJ crucial help in getting his civil rights agenda passed. When Medicare became law in 1965, it passed with 70 Republican votes in the House and 13 GOP votes in the Senate. In today’s Washington, Kevin McCarthy and Mitch McConnell have been successfully working to keep Republican support for Biden’ policies at precisely zero.”

“The threats to a free and fair election that have emerged since last November are real—and require nothing more than the willingness of state legislators to use and abuse the existing tools of government. Arizona, whose two new voting rules were just validated by the Supreme Court, also took the power to litigate election laws away from the (Democratic) Secretary of State and gave the power to the (Republican) Attorney General. In at least 8 states, Republicans are advancing legislation that would take power away from local or county boards. Many more states are moving to make voting harder. It might be anti-democratic, but it falls well within the rules.

Also within the rules: How McConnell helped build a federal bench almost certain to ratify the power of those legislatures to pass laws far more restrictive than the Arizona rules upheld last week. He creatively eviscerated Senate norms to keep Merrick Garland off the Supreme Court and hand Donald Trump an astonishing three nominations in a single term. And he’s recently suggested that, should a Supreme Court vacancy open, he’d block even consideration of a Biden nominee if the Republicans take the Senate back in 2022. This is abnormal, anti-democratic and a cynical abuse of power—but it’s legal within the existing rules.”

Can Peru’s Constitution Survive a Marxist Onslaught?

“The battle in Peru is no longer about who won the election; it’s about preserving the country’s constitution. Drafted in 1993, the current constitution underpins the free market policies that helped the country reduce its poverty rate by roughly one-half, nearly triple its per capita income, and even slash inequality (as measured by a 12-percentage-point reduction in the Gini coefficient between 1998 and 2019). As Ian Vásquez and Ivan Alonso write for the Cato Institute, during the last decades, “Peruvians have experienced dramatic and widely shared improvements in well-being.”

Peru’s economic success is a rather new development. As recently as August 1990, the country experienced a 397 percent monthly inflation rate. Previously, dictator Juan Velasco Alvarado, a military officer who led a coup d’état in 1968, had nationalized key industries, creating state monopolies in oil and mining, fisheries, and food production, among other key sectors. He also expropriated large tracts of land and severely restricted imports, all according to a five-year plan of national production. Economists César Martinelli and Marco Vega argue that Velasco Alvarado’s statist program cost Peru “sizable losses” in economic growth during two decades, leading to the hyperstagflation of the late 1980s.

Once in power, Alberto Fujimori, who won the presidential election in 1990, took drastic measures to stabilize prices, mainly by restricting the money supply and government deficits. Meanwhile, he deregulated markets and shrank the state’s size by privatizing state-owned companies.”

“Today, the constitution is the only obstacle in the way of President-elect Castillo’s party platform, which praises Vladimir Lenin and Fidel Castro while promising a back-to-the-past agenda of nationalizing the mining sector and other major industries, expropriating land, and getting rid of Peru’s successful private pension system, which administers approximately USD $40.7 billion in citizens’ savings. Much like Velasco Alvarado, who nationalized news media companies, Castillo’s “Free Peru” party plans to “regulate” the press, claiming that a “muckraking” media is “fatal” to democracy.”

“Castillo’s “Free Peru” party calls for a new constitution to replace the one in place, which it rejects as “individualist, mercantilist, privatizing, and defeatist” in the face of foreign interests.”

“According to a recent poll, 77 percent of Peruvians are against doing away with the current constitution. As YouTuber Mirko Vidal remarks, this suggests that a good portion of Castillo’s vote wasn’t pro-Marxist as much as anti-Fujimori.

It remains to be seen whether Peru’s institutions can withstand Castillo’s certain onslaught once he is in power. It would be no surprise if he tried to get rid of term limits, a classic recipe of 21st century socialists such as Venezuela’s Hugo Chávez and Bolivia’s Evo Morales, caudillos who, like Alberto Fujimori, won an election and changed the rules of the game so as to hold on to power. Another similarity with Chávez and Morales is Castillo’s blend of anti-capitalist dogma with a strong sense of social conservatism; he opposes same-sex marriage, a “gender-focus” in education, and large-scale immigration. Repeatedly, he has promised to expel all illegal immigrants—meaning many of the 1 million Venezuelans who arrived in the country as they fled from Chavista socialism—just 72 hours after taking office. While these stances are electorally savvy, they make Castillo an odd bedfellow of the foreign progressives who praise him with titles such as son of the soil.”

How Democrats are ‘unilaterally disarming’ in the redistricting wars

“Yet what happened this spring in Oregon is just one example, though perhaps the most extreme one, of a larger trend vexing Democratic strategists and lawmakers focused on maximizing the party’s gains in redistricting. In key states over the past decade, Democrats have gained control of state legislatures and governorships that have long been in charge of drawing new maps — only to cede that authority, often to independent commissions tasked with drawing political boundaries free of partisan interference.

Supporters of these initiatives say it’s good governance to bar politicians from drawing districts for themselves and their party. But exasperated Democrats counter that it has left them hamstrung in the battle to hold the House, by diluting or negating their ability to gerrymander in the way Republicans plan to do in many red states. And with the House so closely divided, Democrats will need every last advantage to cling to their majority in 2022.”

Call it authoritarianism

“Blocking an inquiry into the January 6 attack on the Capitol, embracing Trump’s “Big Lie” that the election was stolen, making it easier for partisans to tamper with the process of counting votes: These are not the actions of a party committed to the basic idea of open, representative government.

It’s common to call this GOP behavior “anti-democratic,” but the description can only go so far. It tells us what they’re moving America away from, but not where they want to take it. The term “minority rule” is closer, but euphemistic; it puts the Republican actions in the same category as a Supreme Court ruling, countermajoritarian moves inside a democratic framework rather than something fundamentally opposed to it.

It’s worth being clear about this: The GOP has become an authoritarian party pushing an authoritarian policy agenda.”

“When people think of authoritarian governments, they typically think of police states and 20th-century totalitarianism. But “authoritarianism” is actually a broad term, encompassing very different governments united mostly by the fact that they do not transfer power through free and fair elections.”

“competitive authoritarian systems survive in part by convincing citizens that they are living in a democracy. That’s how they maintain their legitimacy and prevent popular uprisings. As such, they do not conduct the kind of obvious sham elections held in places like Bashar al-Assad’s Syria (he won the 2021 contest with 95 percent of the “vote”).

In competitive authoritarianism, the opposition does have some ability to win a bit of power through, well, competition — even if the scope of their possible victories are limited.

It’s a tricky balance for the regime to pull off: rigging elections enough to maintain power indefinitely while still permitting enough democracy that citizens don’t rise up in outrage. Many competitive authoritarian regimes have collapsed under the stress, either transitioning to democracy (like Taiwan) or forcefully repressing the opposition and becoming a more traditional autocracy (like Belarus).”

“Happily, the United States still passes the most basic test of whether a system is democratic: whether the public can vote out its leaders. But it is hard to deny that the Republican Party has begun chipping away at that baseline principle, using the flaws in our political system to entrench their power.”

Trump’s lies about the 2020 election are endangering America’s election workers

“In a speech on voting rights delivered on Friday, Attorney General Merrick Garland warned that “the dramatic increase in menacing and violent threats against all manner of state and local election workers” is a threat to the country’s democracy.

Garland is right to be concerned. A new survey released by the Brennan Center for Justice found that 17 percent of local election officials in the United States have faced threats because of their job. The same survey, which was released alongside a larger report by Brennan and the Bipartisan Policy Center on threats to America’s elections, found that nearly a third of these officials — 32 percent — have “felt unsafe because of [their] job as a local election official.”

The survey was conducted by Benenson Strategy Group, and it included interviews with 233 election officials “from across the country.”

The Brennan Center’s survey quantifies a phenomenon that appears to have emerged from former President Donald Trump’s conduct during the 2020 election, and his subsequent defeat in that election. Just hours before Garland pledged to prosecute individuals who target election officials in that same speech, Reuters published a long article cataloging some of the threats faced by election administrators and their families.”