Tag: West Virginia

Supreme Court Politics and the 2018 Election Map

Supreme Court Justice Anthony Kennedy’s decision to retire four months before the election is the best thing that could have happened to Republicans, conventional wisdom says.  It is difficult to disagree with that logic, but it is also necessary to keep in mind the counterargument – which is that enthusiasm cuts both ways. (To be fair, the more adequate word for Democrats still reeling from the announcement isn’t enthusiasm, but fear.)

Historically, Republican voters have been more motivated to go to the polls because of the issue of judicial nominations than Democrats.  Exit polls from the 2016 election confirm this view. According to CNN, 56 percent of Trump voters said Supreme Court appointments were the most important factor in their decision. Evidence strongly suggests that filling Supreme Court vacancies was a big reason for Donald Trump’s win. Though the stakes for filling any court vacancy are always high, they aren’t as high or urgent from the Republican perspective this time around. Why? Two years ago, the presidency was up for grabs and, with it, the next two or more court vacancies, including the seat held by Scalia which could have altered the court’s majority if Hillary Clinton had won.  Now, Donald Trump is in the middle of his first term, with a Republican-controlled Senate. It may gin up enthusiasm among some Republican voters, but it doesn’t have the same existential sense of urgency that Democrats are now feeling.

“Misery motivates, not utopia,” Karl Marx once wrote. That principle, combined with lingering anger over the Senate Republican blockade of Merrick Garland and the recent string of losses in Supreme Court decisions during the week leading up to the Kennedy retirement, strongly suggest that Democratic candidates and their allies aren’t going to treat this Supreme Court vacancy like any other opening in the past.

State Democratic parties and candidates are fundraising off the Kennedy retirement, some on the specific message of running as a defender of abortion rights. Others have spoken more generally about the urgency of electing Democratic governors and legislators to have as a check on any sweeping future rulings from the Supreme Court on issues like abortion, voting rights, gun control, campaign finance, or redistricting. However, the initial messaging from Democrats and various interest groups on the actual Supreme Court vacancy itself is all over the map, depending on who you ask.  Their options to block a nominee are nonexistent after Senate Republicans abolished the filibuster for Supreme Court nominees for the Neil Gorsuch vote. Their only chance at blocking a nominee is the slim chance that minority leader Charles Schumer can hold all 49 Democrats and is somehow able to get two Republicans to join them in voting against.

Just as there will be enormous pressure on a handful of red state Democrats who are running for reelection this cycle (specifically Heidi Heitkamp, Joe Manchin and Joe Donnelly, who voted to confirm Neil Gorsuch last year), there will also be enormous pressure on Senators Susan Collins and Lisa Murkowski, who are the only pro-choice Republicans in their party’s Senate caucus. Collins and Murkowski have the benefit of not running for reelection in this hyperpartisan political environment, but that doesn’t mean they won’t be feeling pressure. As Republican pro-choice women in the Senate who have a vote in judicial nominations, do they want their legacies to be defined by potentially casting the deciding vote to seat a Supreme Court justice who might one day vote to overturn Roe v. Wade?

It is also necessary to look beyond Murkowski and Collins for potential pressure points. Even though they aren’t on the ballot this year, the governors of Alaska and Maine are, as is Maine’s independent senator Angus King, who caucuses with the Democrats. Voters in both states won’t be able to vote against Murkowski or Collins in this cycle, so they may opt to flex their political muscles by voting for (or against) the candidates who are on the ballot in November.

While Senate Democrats have a terrible electoral map to defend this year, when it comes to governors and state legislatures, the map becomes almost the inverse, meaning that they will have ample pickup opportunities in down ballot races.  Democrats have shown more interest and energy in down ballot state legislative races in the first eighteen months of the Trump presidency, and have already demonstrated some success in special elections – the DLCC has flipped 44 Republican-held seats to the Democrats, in addition to a Wisconsin state supreme court seat, a U.S. Senate seat in Alabama, and stunning off-year results up and down the ballot in Virginia. If Democrats can harness this anxiety about the court and turn it into votes in November, that could drive them to some surprise victories.

Democrats might not be able to stop Donald Trump’s next Supreme Court nominee, but they can put themselves in a better political position for the second half of his term: retaking the House or Senate will give them subpoena power and the ability to launch investigations, as well as control of nominations to the upper chamber; control of governor’s mansions, state offices and state legislatures will give them control of state voting rights as well as drawing the congressional maps for the next round of redistricting after 2020.

As painful as losing cases at the Supreme Court will be, the Democrats’ best hope for now is that they can use the court as an issue to play the long game: rebuild their bench in state and federal offices, gain congressional majorities, and eventually win the presidency.

 

McConnell-Aligned Super PAC Makes $25 Million Ad Buy for the Fall

The Senate Leadership Fund, a Super PAC run by political allies of Senate Majority Leader Mitch McConnell (R-Ky.), have made an initial TV advertising reservation for the fall worth $25 million, according to the Washington Examiner.

The ads will run in Missouri ($10.5 million), Nevada ($11.2 million) and North Dakota ($2.3 million).  Missouri and North Dakota represent pickup opportunities for Senate Republicans to add to their slim 51-49 majority. Republicans are playing defense in Nevada, where incumbent Dean Heller is seen as one of the most vulnerable Senate Republicans. The organization is holding off on buying more advertising time until later to keep its strategy for November under wraps.

In contrast, the organization’s Democratic counterpart Senate Majority PAC has announced a “first wave” of buys worth $80 million targeting Arizona, Florida, Indiana, Missouri, Montana, Nevada, North Dakota, Tennessee and West Virginia. With the exceptions of Arizona, Nevada and Tennessee, Senate Democrats are playing defense in the other states.

The report also notes, “The Republican super PAC is already active in West Virginia and Indiana, where Democratic Sen. Joe Donnelly is in trouble against Republican businessman and former state legislator Mike Braun. The Democratic super PAC has been spending on advertising in Florida, where Republican Gov. Rick Scott is challenging Democratic Sen. Bill Nelson; in Montana, where state Auditor Matt Rosendale is challenging Democratic Sen. Jon Tester; and in Indiana and North Dakota.”

Democrats Ahead in New West Virginia Poll, as Blankenship Tries to Get on the Ballot

Democratic senator Joe Manchin is ahead of Republican attorney general Patrick Morrisey by 9 points in the West Virginia Senate race, according to a new poll by Monmouth University.  This poll also shows former mining executive Don Blankenship receiving four percent of the vote as a third party candidate.  In a head-to-head matchup, Manchin still leads Morrisey 49-42.  In the race for the Third Congressional District, Democratic candidate Richard Ojeda is slightly ahead of Republican State Representative Carol Miller 43-41. The fact that this race is close in a district that Donald Trump won by 50 points should alarm Republicans, even though the underlying political demographics favor Democrats.

A possible wildcard to keep an eye on in the Senate race is Don Blankenship, who lost the Republican primary and is trying to run on the Constitution Party ticket or as a write-in candidate. However, in order to get on the ballot he would have to go to court to challenge the state’s “sore loser” election law which prevents a losing primary candidate from running in the general election. If Blankenship qualifies for the ballot and the spread between Manchin and Morrisey tightens, Blankenship could potentially play a spoiler role on Election Day.

Manchin and Ojeda are leading in this poll despite President Donald Trump’s 67 percent approval rating in the state, one of his highest of anywhere in the country. Larry Sabato and the Cook Political Report both project the Senate race as a tossup, and the Third Congressional District race as Leans Republican.

Senate Democrats Catch Two Lucky Breaks

The Democratic Senatorial Campaign Committee is probably breathing a sigh of relief  after getting two bits of good news today.

First: Sen. Joe Manchin (D-W.V.), who was being considered for the Secretary of Energy position in the Trump Administration, announced that he would be remaining in the Senate.  Former Texas governor Rick Perry wound up getting the top job in the government agency he wanted to eliminate as a 2012 presidential candidate but couldn’t name. (Here’s video of the infamous “Oops” moment which derailed his candidacy.)

Second: Donald Trump chose Rep. Ryan Zinke (R-Mont.) for Secretary of Interior. Zinke, a former Navy SEAL who just finished his first term in the House of Representatives, was considered a serious challenger for Montana Democratic senator Jon Tester’s 2018 reelection campaign.  Political observers weighed in on this development via Twitter:

Senate Democrats Urge Heitkamp and Manchin to Turn Down Trump Offers

Following up on this story from a few days ago, CNN’s Manu Raju and Ted Barrett are reporting Senate Democratic leaders Charles Schumer and Dick Durbin are urging their colleagues Heidi Heitkamp and Joe Manchin to not accept any positions in the Trump administration, at the risk of weakening the Democratic Party’s hand in the Senate.

Neither Heitkamp nor Manchin would say much about the nature of their discussions with the incoming administration, but when Manchin was asked about the possibility of the GOP picking up his Senate seat if he were to take a job with the administration, he said, “The people of West Virginia sent me here… I got to do what I can to make sure I’m helping my people.”

If Trump picks one or both of them to be in his cabinet, that would leave Democratic ranks in the Senate at 53-47 or 54-46 for at least the next two years. Depending on the political winds two years from now, the Republicans could potentially expand on that majority during the midterm elections, though the general historical trend has been that the party in power loses congressional seats during midterms.

Trump Transition Floats Red State Senate Democrats as Potential Cabinet Nominees

Two leaks coming out of New York today that have some Democrats worrying:

Manchin’s office has denied the Politico report. Heitkamp was invited to meet with Trump tomorrow and accepted the invitation. According to CNN’s Manu Raju, she did not rule out accepting a job in the new administration.

Some context to this: first, both Heitkamp and Manchin are Democrats up for re-election in 2018 in states that Trump won easily and have become more Republican in recent years. Second, if one or both of them accepted, that would weaken Democratic opposition in the Senate, from the current 52-48 majority to 53-47 or 54-46. Why? Because the sitting Republican governors in North Dakota and West Virginia would be able to appoint their replacements, who would most certainly be Republicans.

CORRECTION: Earl Ray Tomblin, the current governor of West Virginia, is a Democrat. If Manchin were to accept a position in the Trump administration, he would nominate a Democrat as a temporary replacement, but Republicans would have the opportunity to win that Senate seat during the next election cycle.