Wednesday, March 31, 2021

The case for NGDP targeting

The case for NGDP targeting. 

By Matthew Yglesias. SlowBoring.com. 

March 30, 2021. 

Federal Reserve Chair Jerome Powell prepares to speak at a House Financial Services Committee hearing on Oversight of the Treasury Department's and Federal Reserve's Pandemic Response in the Rayburn House Office Building on December 2, 2020 in Washington, DC. 
(Photo by Jim Lo Scalzo - Pool/Getty Images)
The Ever Given has mercifully been freed from the clutches of the Suez Canal.

But back when the ship was stuck, I read a CNN article that briefly mentioned the idea that “a spike in prices could force the Federal Reserve to hike interest rates sooner than expected.”

When you think about it, this is a crazy idea.

A ship gets stuck in the Suez Canal.

That means other ships need to detour around the Cape of Good Hope.

That means they burn more fuel, so shipping costs go up.

The higher shipping costs lead to higher consumer prices.

To fight this, the Fed raises interest rates.

The higher interest rates lead to job losses in interest-sensitive sectors (housebuilding, etc).

Higher unemployment leads to cheaper oil (more unemployment equals less commuting) and less consumer demand for durable goods.

Prices settle back at their pre-blockage level.

Why would you react to a ship being stuck in a canal by trying to get construction workers to lose their jobs? It doesn’t make sense on its face. And the good news is I’m fairly certain the Federal Reserve would not actually have done this. But the fact that it even sounded vaguely plausible is reason enough to return to an idea that I like but haven’t written about in a long time — instead of targeting inflation, the Fed should target nominal GDP or nominal income.

It would be temporarily disorienting to switch things up, but in the longer term, it would make it much clearer what kinds of things are and aren’t valid criteria for changing monetary policy. It would also make the appropriate stance of policy much less dependent on contestable issues like how to measure inflation. And it could help us avoid recessions in the future.

What NGDP targeting is
Nominal GDP is a bit of an unfamiliar idea. But to an extent, the fact that it’s unfamiliar is weird. Everyone who follows policy at all has heard of gross domestic product, a measure of the total value of all the goods and services sold in the economy.

But GDP or “real GDP” is a statistical construct, made by first counting up the nominal GDP — the literal dollar value of all the output — and then doing an inflation adjustment.

Trying to measure inflation is important. A 10-year span in which GDP grows by 2% per year and inflation grows by 3% per year is very different in its implications from a decade of 3% growth and 2% inflation. But measuring inflation is also controversial and difficult. You need to measure changes in the quality of goods and services, for example, which is hard.

The nominal figures aren’t perfect or trivial to measure either, but they are simpler. People don’t have big disagreements about NGDP or whether it’s being counted correctly.

But what the Fed has done for a while now is try to target inflation. First, they kind of quietly put it out there that they were targeting 2% inflation, but kept that unofficial. Then under Ben Bernanke, they started explicitly saying the goal was 2% inflation. Now under Jay Powell, they have further clarified that it is an average of 2% inflation, so you might compensate for undershooting the 2% target by overshooting in the future. They keep trying to make small tweaks to this framework, but the constant tweaking reflects an underlying conceptual problem.

Prices change for different reasons
One basic issue here is the Suez Canal Problem.

Inflation is a potential problem with excessively stimulative monetary policy. But prices can rise for all kinds of reasons, potentially including a ship running aground in an Egyptian canal. But if the problem is a ship stuck in a canal, the solution is to dislodge the ship not to raise interest rates.

That’s one reason why Alan Greenspan preferred not to make the 2% target explicit. He wanted to always reserve the right to sort of blow off weird events and ignore them. The more recent view is that being explicit about the target gives the Fed more credibility and helps “anchor expectations,” and that with well-anchored expectations they have more flexibility to blow off weird events. Powell, for example, says the Fed will “look through” transient price increases associated with the reopening of the travel and leisure economy this summer.

In this specific case, I agree with Powell.

But we had a converse situation in 2015 and 2016 when inflation was falling rapidly due to events abroad and a strengthening of the dollar, but Janet Yellen’s Fed deemed it transient and proceeded with plans to raise interest rates. This helped generate what Neil Irwin dubbed the “invisible recession of 2016” — basically a slump in the agriculture, energy, and manufacturing sectors. We might not think too much of a localized slump in the agriculture, energy, and manufacturing sectors that occurred in the year 2016, but it also happens to be the case that Donald Trump narrowly won a presidential election that year in a way that very likely wouldn’t have happened if the manufacturing and agricultural sectors had been doing a bit better.

One interesting thing about that invisible recession is that if you look at the economy in NGDP terms, it’s perfectly visible. Instead of an “invisible recession,” what you get is a clearly visible growth slowdown — not an actual recession year like 2009, but not some kind of undetectable mystery.

GDP percent change by year
That’s part of the virtue of an NGDP framework — you do less guessing about what’s transitory and what isn’t, or what you can look through and what you can’t.

You try to keep a focus on steady NGDP growth. If the economy gets bad news for some non-monetary reason (ship stuck in a canal), you get more inflation and less real growth. But the solution to the non-monetary problem is itself non-monetary (you need to fix the canal). What the monetary authority commits to is avoiding a 2016-style slowdown.

You never need to call for more inflation
Within the confines of the existing Fed framework, I was saying in 2016 that the Fed was making a mistake given the below-target inflation.

But one huge problem is that I think policymakers will always have a difficult time being in a position where they are arguing in favor of more inflation. After all, inflation is bad. People like lower prices rather than higher prices. And even at the time, my view wasn’t really “it would be good if prices were higher.” It was more like “the sudden collapse of inflation was a symptom of an inadequate demand situation.” Lael Brainard, then and now my favorite Fed Board member, tried to explain this — a negative demand impulse from abroad was afflicting the United States and showing up as a strong dollar and low prices, and the Fed needed to try to counteract that impulse.

The NGDP framework offers a much more constructive and plausible way to talk about this — you’d say that spending and incomes were too low and the Fed was trying to generate more [nominal] spending and higher [nominal] income. It’s true that the higher nominal spending and higher nominal income would partially come from more inflation. But it’s unlikely that they all would. And on an aspirational level, the Fed would never be positioning itself as pro-inflation. Inflation would just be a bad thing that sometimes happens.

A better division of labor
Contemporary thinking about central banking is deeply influenced by the experience of the 1970s, which left economists convinced that the natural state of democratic politics is for elected officials to err on the side of excessively stimulative policy.

The solution they came up with was to try to set up central bankers as insulated from day-to-day politics and able to serve as macroeconomic chaperones who’d shut down excessive stimulus and prevent inflation.

I think the experience of the past 20 years suggests that this theory of what went wrong in the 70s is probably mistaken, and we don’t need to design all of our institutions around the fear of replicating a specific set of bad decisions made in 1971-73. In particular, I think it’s notable that while the post-1980 policy consensus was supposed to keep us focused on the primacy of the supply side of the economy, in practice, productivity growth has been worse.

NGDP targeting isn’t a panacea for that.

But I do think it suggests a more constructive division of labor in which the central bank guarantees something like 5% annual growth in nominal income, and then it’s left up to the elected officials to make sure as much of that growth as possible takes the form of real increases in living standards. Right now politicians are always talking about “creating jobs,” which is an ambiguous concept that could refer to either stimulating demand or else deliberately doing things in a low-productivity, labor-intensive way. It would be better for the Fed to promise to keep the stimulus on track no matter what — possibly even generating too much inflation — and tell the politicians to focus on boosting productivity to minimize inflation.

The Fed just completed a review of its monetary policy framework last summer, so I know they’re not going to do another change in the near term. But by the same token, I know there will be another framework review at some point in the future. And when it happens, I hope they will consider that the constant tweaks to the inflation targeting regime show there’s an underlying problem. The Fed wants both a clear rule and the flexibility to respond differently, depending on what’s actually happening.

The way to accomplish that is to have a rule that’s clear, but not about inflation — and that is nominal income.

Homelessness and vacant houses

Homelessness and vacant houses

What a leftist talking point gets right and wrong


Lee Carter, the Virginia Democratic Socialist running for governor, got housing Twitter geared up last week by observing that “there are more empty houses than homeless people in Virginia,” indicating that the housing affordability crisis is “driven primarily by artificial scarcity and speculation, not by a genuine supply constraint.”

Twitter avatar for @carterforva

Lee J. Carter 

@carterforva

The YIMBYs are mad because I said there are more empty houses than homeless people in Virginia, which is... objectively true.


Harder to justify subsidizing real estate developers if you recognize that fact, though.

March 25th 2021


281 Retweets2,511 Likes

Twitter avatar for @carterforva

Lee J. Carter 

@carterforva

@hocorising The crisis is being driven primarily by artificial scarcity and speculation, not by a genuine supply constraint.


But y'all heard "subsidizing developers won't fix the problem" and attacked me for things I never said, like "there is no crisis" or "no new construction"

March 26th 2021


2 Retweets64 Likes

Carter’s overall housing politics are not so bad, and I think the YIMBY pile-on that resulted from him talking about the vacant houses was probably counterproductive.


But this is a talking point that sometimes gets raised by hardcore NIMBYs as their explanation for why we don’t need to build anything new. And I think you can see Carter himself is torn between one side of him that wants to advocate for more social housing and another side that wants to say we’re just facing a problem of “speculation.”


The basic story is that it is factually true that empty homes exceed homelessness, not just in Virginia but in every state. But well-functioning housing markets require a decent amount of vacancy — the nature of housing is that “just in time” delivery and zero inventory isn’t going to work. Beyond that, when you look around the country at which places have more-severe and less-severe homelessness problems, it’s just not the case that anyone is effectively addressing homelessness by having a low vacancy rate.


Fundamentally, I think a vacancy-centric worldview reveals the limits of a narrow focus on homelessness and “affordable housing” as the lodestar of housing policy. The real goal should be housing abundance, a framework that directly alleviates both homelessness and severe cost burdens, and also makes them easier to eliminate. And a world of housing abundance would have plenty of vacant homes.


Housing abundance, explained

For people to be experiencing homelessness in such a rich country as ours is a tragedy. And it’s also a big problem when we have so many lower-income families experiencing severe housing cost burdens.


These are really welfare state issues, and solving them requires active government provision of money, housing, and social services.


But when you look at the five states with the highest homelessness rate, you see New York, Hawaii, California, Oregon, and Washington. It’s not a question of those five states having unusually stingy welfare states. It’s a question of those states operating in the context of overall housing scarcity, with scarcity contributing to homelessness as well as other problems.


Housing abundance doesn’t just mean that few people will experience homelessness. It should also mean that you don’t see people with low-six-figure incomes talking about how they’re not “really rich.” If you’re making two or three times the median household income in the United States, you ought to be able to get a nice-sized place for a family with a couple of kids to live in without needing special subsidies. In a place with very expensive land that may mean no yard, which won’t be to every family’s taste, but it should be possible.


Housing abundance means that a person who grew up in a given place can reasonably expect to be able to afford a place of his own in his hometown after he gets a job. Probably not a place as big or as nice as his older, higher-earning, and more established parents have — but a place to live.


Most important, housing abundance plays a critical role in economic development. Janna Matlack and Jacob Vigdor find that in markets where the housing supply is allowed to expand in response to increased demand, an increase in the number of high-paying jobs in a city benefits everyone. But where the housing supply is tight, new high-earning residents simply reduce the disposable incomes of existing lower-income ones by increasing rents. With housing abundance, working-class people can move to booming areas to get better-paying jobs. With housing scarcity, working-class people flee tech and finance boomtowns in search of affordable housing.


Housing abundance means vacancies

To have an abundant housing market you need lots of vacancies, for the same reason that a decent supermarket will have plenty of food on the shelf going uneaten. Inventory isn’t the same as waste. And while it’s true that nobody should have to go hungry in the United States, the best solution isn’t to grab random unsold merchandise off the shelves and redistribute it — the best solution would be to ensure that everyone has some money in the context of an overall market goal of abundance.


A well-running housing market is particularly likely to have high vacancies because housing is very irregular.


Each bag of carrots at the store is in some way different from the other bags, but you can ask a person to pick up a bag of carrots (or russet potatoes or yellow onions) and not really care which bag of carrots they buy. But each home is unique. And while summary statistics like square footage and number of bathrooms give you information about a home, they don’t fully capture it. Small differences in location can be important. And consumer preferences can vary widely. You might mind a creaky floor a lot, or you might not. You might mind a drafty window a lot, or you might not. Street noise might bother you a lot, or it might not.


This means that even with the rise of great real estate apps (Zillow, Trulia, Redfin, etc.) the business of shopping for housing is pretty laborious and inefficient. People want to see places for themselves before signing a lease or a contract, and in general, the market just doesn’t clear that quickly. The fact that moving is a huge hassle also slows things down.


Bottom line — the fact that a relatively large share of an area’s real estate is vacant at any given time is not primarily an indication of “speculators” or “artificial scarcity.”


It’s actually the opposite. A market with a very low vacancy rate is probably dysfunctional. Empty nesters aren’t downsizing (people don’t call families like this “speculators,” but that’s what they are), new people have trouble moving in, new stuff isn’t being built, or housing scarcity is so severe that whenever new units come onto the market, people snatch them up really fast rather than shopping around.


This is why even though it’s true, mathematically, that empty units exceed homelessness in every state, it’s not as if low-homelessness states have accomplished that by having low vacancy rates.


Homeless and vacancies

Here’s a chart Marc did plotting the state-level homelessness rate against the state-level vacancy rate — as you can see, to the extent that these are correlated, states with less homelessness have more empty units, not fewer.



The outlier in terms of high-homelessness rates is D.C., which has the homelessness problems of an expensive city rather than those of a typical state. But if you toss D.C. from the sample, the correlation is still -0.379 — the low-homelessness states didn’t eliminate vacancies and the high-homelessness states don’t have especially high vacancy rates.


At an MSA level, the margin of error on the city-specific vacancy estimates gets big; the homelessness data is poorer; and I would not take these figures to the bank. But the relationship is, again, negative.



The issue is that to the extent that homelessness and vacancy rates have anything to do with each other, they are both symptoms of housing scarcity. A city where housing is scarce will have a low vacancy rate. A city where housing is scarce will also be one where dwellings are hard to afford without subsidy, so people who suffer economic misfortune or problems in their personal life end up unhoused before they can make it to the front of the line for housing assistance.


Now the vacancy-centric narrative is adjacent to a point that’s important and correct that I’ve written about at both Slate and Vox — the best way to address homelessness is to get the people experiencing homelessness into homes.


The unhoused are often suffering from a variety of problems in life and it can be tempting to get trapped by a “root causes” mentality that wants to focus on addiction, mental health, or employment services rather than housing. But the evidence points strongly in favor of what’s called a “Housing First” approach for two reasons. One is that people sleeping rough on the streets experience a lot of costly problems via encounters with law enforcement and emergency rooms. The second is that it’s easier to address people’s underlying difficulties when they have a safe place to sleep at night. So by far the most humane and cost-effective thing to do for people experiencing homelessness is to get them housed.


To the extent that the observation “vacant units exist” supports the intuition that there’s simply no reason for people to be out on the streets, that’s correct. What’s wrong is to see homelessness as conceptually distinct from larger housing supply issues.


We live in a (highly litigious) society

Leftist thinking on housing policy often goes awry by abstracting too much away from the particular institutional details of the American legal system.


For example, you could say “people are homeless while other people own seasonal homes that are empty for most of the year so capitalism is the real problem!”


But neither the state of Virginia nor any other state or local government anywhere in the country can confiscate people’s vacation houses and give them to the homeless. You can buy vacation houses and give them to the homeless. You can even use eminent domain and force the sale of vacation houses. But you still need to pay for them. This means that any attempt to acquire existing structures and repurpose them as social housing is going to benefit from a lower market price of housing. Similarly, any effort to give low-income families rental subsidies will benefit from a lower market price of housing. And if you want to build new social housing or homeless shelters from scratch, you need to run the same gauntlet of litigation and NIMBY protest as any market-rate development.


In other words, while there are a lot of viable paths forward, they all require first changing the rules to greatly reduce people’s ability to exclude new construction from their neighborhood.


If you do that, housing supply problems ease and you get closer to housing abundance. Then operating inside a context of housing abundance, you can give rental assistance vouchers to the needy. Or you can give cash assistance, knowing that it can be used for rent. Or you can give grants to non-profits to build affordable housing. Or you can directly build government housing. Or you can acquire units and use them as social housing. Whatever you want to do is more doable in a context of abundance and harder in a context of scarcity. And abundance probably means more vacant units rather than fewer.


Can House Democrats beat the midterm curse?

Can House Democrats beat the midterm curse?

Opinion by 

Karen Tumulty

Columnist

March 31, 2021 at 2:55 a.m. GMT+9

Rep. Conor Lamb (D-Pa.) smiles as he greets supporters after claiming victory in Pennsylvania's 17th Congressional District, at his election night party in Cranberry, Pa., in November 2018. (Gene J. Puskar/AP)

Republicans have ample reason to be optimistic about taking back the House next year.


A first-term president’s party nearly always loses seats in the midterm elections, and Republicans need flip only a handful of seats to regain the majority. Add to that the GOP’s outsize advantage in the once-a-decade reapportionment that will take place between now and then, and it would appear that gale-force winds are at their backs.


But it is also instructive to look at exceptions to the pattern — the only two elections since the Civil War era when a new president’s party actually picked up seats.


Those two came in 1934 and 2002. The electoral advantage that Franklin D. Roosevelt and George W. Bush, presidents of different parties separated by nearly seven decades, had in common was that they were both governing at moments of national crisis. During the Great Depression and in the aftermath of the 9/11 attacks, the public approved of how these men were handling the challenges they faced, and were leery of changing course.


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So if, a year from now, the economy has rebounded as vigorously as forecasters are saying it will, and the covid-19 pandemic is safely in the rearview mirror, Democrats may well reap the benefits. That is, if they can inoculate their most vulnerable incumbents from the type of attacks that proved so effective in 2020, when they lost seats in the House, despite Joe Biden’s victory at the top of the ticket.


Then-President Donald Trump’s effort to paint Biden as a “Trojan horse for socialism” didn’t stick, because voters knew the Democratic nominee, a Senate veteran and former vice president, well enough not to buy it.


Not so for more than a dozen moderate House members who were washed out of Congress under a barrage of similar attacks. Many of the advertisements that were aired against them claimed falsely that they supported the Green New Deal, open borders, banning fracking, defunding the police and Medicare-for-all.


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“In every single ad that was put up, they would distort my record,” says former congressman Joe Cunningham, who fell short in his bid for reelection in South Carolina by a single percentage point.


“I’m not certain there was a broad and deep recognition of the danger of these messages,” adds Kendra Horn, who lost her seat in Oklahoma. “We have to make sure there are better conversations happening.”


Cunningham and Horn are among seven defeated Democratic incumbents and two losing 2020 candidates who have signed on as advisers to a new super PAC being launched by the centrist think tank Third Way.


They hope to raise $26 million to pour into early ads aimed at preempting GOP attacks on moderate House Democrats — members such as Tom Malinowski (N.J.), Abigail Spanberger (Va.) and Cindy Axne (Iowa) — in the swing districts that are mostly likely to determine which party controls the House.


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In 2020, “the charges were so absurd, they were not taken seriously enough until it was too late,” says Third Way President Jon Cowan.


So they are calling their new fund-raising operation “Shield PAC.” The ads that it plans to begin running early next year will primarily be positive, focused on making sure voters are acquainted with the actual records of endangered Democratic incumbents.


That Republicans plan to rerun the playbook that worked so well for them in 2020 is not in doubt. “We will relentlessly hold House Democrats accountable for their socialist agenda and ensure voters understand the damaging impact policies like defunding the police, government-run health care and ending the Keystone XL Pipeline will have on Americans’ everyday lives,” Rep. Tom Emmer (R-Minn.), chairman of the National Republican Congressional Committee, declared in February.


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Some House Democrats are also beginning to eye the exits as they ponder what is likely to happen to their districts under reapportionment. The NRCC is already running digital ads against Rep. Conor Lamb (D-Pa.), whose already challenging district could turn redder, which might lead Lamb, in turn, to run for the Senate.


One thing that also appears likely, if not certain, is that next year’s congressional elections will look different from recent cycles. Because the stakes are so high, and the margin in the House so narrow, unprecedented amounts of money will be pouring into a relatively small number of races.


A lot will happen, of course, between now and November 2022. But while it is still early, both sides are already picking their shots.


Read more:


Thanks to Trump’s rhetoric, Asian Americans are moving toward the Democratic Party

Thanks to Trump’s rhetoric, Asian Americans are moving toward the Democratic Party

By Nathan Kar Ming Chan, Jae Yeon Kim and Vivien Leung

March 30, 2021 at 8:00 p.m. GMT+9

As Asian Americans grow as a slice of the electorate, they could affect politics at every level of government

While Asian American female legislators and President Biden have spoken out against anti-Asian xenophobia and hate, former president Donald Trump has continued his anti-Asian rhetoric. On March 17, the same day six Asian women and two others were shot and killed in Atlanta, Trump again referred to covid-19 as the “China virus,” causing the term to trend on Twitter. Asian Americans have been reporting an increasing number of hate incidents since Trump began to use language that associated Asian Americans with the coronavirus a year ago, including a recent surge of violence against Asian Americans, particularly toward the elderly.


We examined how Trump racialized covid-19 and exacerbated anti-Asian sentiment among Americans. We also investigated whether this influenced Asian Americans’ political attitudes. In short, yes. Not only has there been a rise in anti-Asian sentiment since the pandemic began, but more Asian Americans have shifted to favoring the Democratic Party over the past year.


How we did our research


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To better understand the links among political leaders’ rhetoric, anti-Asian attitudes and Asian Americans’ political affiliations, we examined both social media data and public opinion surveys.


First, we analyzed how prevalent anti-Asian sentiment was among the general public using a large-scale covid-19 Twitter chatter data set created by Panacea Lab from tweets sent between January and June 2020. From there, we looked at 1.39 million tweets that U.S. users composed in English and related to covid-19. We looked for anti-Asian tweets using a series of racially charged keywords such as “Chinese flu” and “kung flu.”


We found that Trump’s use of such terms was associated with a rapid rise of their use on social media. The count of both “Chinese flu” and “kung flu” increased exponentially after Trump made his first “China virus” speech. We found a parallel pattern on Google search trends.


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Next, using a machine-learning technique called topic modeling, we examined tweets more broadly to identify anti-Asian sentiment related to the virus. We found that there was already anti-Asian sentiment present on Twitter in January 2020. However, even though Trump did not initiate anti-Asian bias, he exacerbated it by popularizing racialized covid-19 terms and implying there was an association between Asians and the coronavirus.


Did such rhetoric affect Asian Americans’ political affiliations?


Next, we were interested in how anti-Asian attitudes, driven by political leaders like Trump, shaped Asian Americans’ political views. We used weekly survey data from UCLA Nationscape and Democracy Fund to examine changes between July 2019 and May 2020. Each week, purposive sampling, or selecting respondents based upon their characteristics, was used to obtain a sample that was constructed to be representative of the population. The data we used was weighted to the 2018 American Community Survey by gender, region, race, education, age, household language and place of birth. Given the large number of weekly surveys made available to us for analysis, we were able to track partisan changes among Asian Americans.


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We found that Trump’s framing of the pandemic as the “China virus” was associated with Asian Americans increasingly favoring the Democratic Party and Joe Biden, by a substantial amount. Even a month after Trump’s initial statement, Asian Americans identified with the Democratic Party by two points more. This movement toward the Democratic Party is especially notable, as large proportions of Asian Americans do not identify with a political party or identify as independents. When running the same analyses across other racial/ethnic groups, we found that changes in Latina/o, White and Black partisan attitudes were not as consistent or substantive as those among Asian Americans.


Since then, this partisan shift appears to have been sustained. A survey of Asian Americans conducted at the end of 2020, after the period covered by our research was over, found that 44 percent identified with the Democratic Party — while in 2016, only 36 percent of Asian Americans did.


What does this mean moving forward?


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Our findings are consistent with other political scientists’ research. For example, Ben Newman and colleagues found that Trump’s rhetoric encourages and emboldens racist individuals to act upon their biases in what they call the “Trump effect.” Similarly, Alexander Kuo, Neil Malhotra and Cecilia Mo found that Asian Americans view the Republican Party as hostile to Asian Americans. When Whites suggest Asian Americans do not belong in the United States, Asian Americans become more supportive of the Democratic Party and view the Republican Party in a negative light.


The deadly attacks in Atlanta, combined with other incidents across the country, have brought an outpouring of grief and pain from Asian American communities and calls for unity against white supremacy. According to the Asian American Voter Survey, 33 percent of Asian Americans still do not identify with either party.


However, if Republican leaders continue to racialize the pandemic and if hate incidents continue, Asian Americans could become a more solidly Democratic voting bloc. This would have significant political implications at every level of U.S. government, because Asian Americans are and continue to be a growing part of the voting electorate.


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Nathan Kar Ming Chan (@chanknathan) is a PhD candidate in political science at the University of California at Irvine who is interested in the political participation and public opinion of minority groups.


Jae Yeon Kim (@JaeJaeykim2) is a PhD candidate in political science at the University of California at Berkeley and investigates how marginalized populations participate in politics using data science.


Vivien Leung (@leungvivien_) is a PhD candidate in political science at the University of California at Los Angeles and is broadly interested in minority behavior and political psychology.


Trump’s favorite new candidate exposes the true depths of GOP radicalization

Trump’s favorite new candidate exposes the true depths of GOP radicalization

Opinion by 

Greg Sargent

Columnist

March 30, 2021 at 11:19 p.m. GMT+9

Rep. Jody Hice (R-Ga.) on Capitol Hill on Feb. 24. (Graeme Jennings/AP)

Perhaps we should be thankful that Rep. Jody Hice is running to be the new chief of elections in Georgia, with the enthusiastic backing of former president Donald Trump. That’s because the Republican’s candidacy is exposing vile truths about the GOP’s ongoing slide into authoritarianism with dispiriting but useful clarity.


We need to retheorize what’s right in front of our noses. Republicans have launched new voter-suppression efforts everywhere, while Democrats are pushing reforms to thwart those tactics and make voting easier. Yet this is often covered as a “partisan” struggle, as if each side were trying to manipulate election rules to its advantage in a manner that was vaguely equivalent.


A new CNN piece on Hice’s candidacy, and a new political science paper that breaks fresh ground on the pernicious impact of GOP tactics, should help lay that tendency to rest, by demonstrating just how radical the GOP’s descent into anti-democratic derangement truly is.


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Hice is challenging Georgia Secretary of State Brad Raffensperger. The entire raison d’etre of Hice’s candidacy is that Raffensperger affirmed the integrity of Trump’s 2020 defeat. After Trump failed to corruptly strong-arm Raffensperger into overturning that loss, Trump endorsed Hice, suggesting Hice would have gladly done that dirty deed.


As CNN’s Daniel Dale shows, Hice’s candidacy is based on a series of lies he’s been telling about the 2020 election. Hice falsely claims drop boxes for mail ballots in Georgia were not monitored. He baselessly claims hundreds of thousands of “illegal” voters received mail-ballot applications. And he routinely lies that President Biden didn’t win the state legitimately.


These lies aren’t just about re-litigating the past. They also seem designed to lay the groundwork to overturn an election result that Georgia Republicans don’t like in the future.


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This is inescapably the real meaning of the core rationale of Hice’s candidacy. He’s running precisely because Raffensperger did not use those lies as pretexts to overturn the outcome. When Trump says Hice will “fight” where his rival did not, he’s telling us Hice will do exactly that.


Georgia’s GOP legislators, of course, have already taken the intermediate step of passing a host of new voting restrictions that appear designed to make it harder for African Americans to vote.


The targets of those restrictions are the very things Hice keeps lying about: They impose multiple new hurdles on vote-by-mail, sharply restrict drop boxes and ban mobile voting places, among other things. In the last election, those options were heavily employed by Black voters.


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The Georgia law also transfers some authority over county election machinery from the secretary of state to an official selected by a majority of state legislators, effectively giving the party in control of the legislature more influence over that machinery.


But the secretary of state still retains critical power over election results. As Dale notes: “The secretary remains in charge of voter registration, certification of results, investigations into alleged election fraud, and other important elections matters.”


We don’t have to imagine what Hice would do with that power. Trump has already told us: Hice would all but certainly use it to try to overturn results that are not to Georgia Republicans’ liking.


Where this is all going

The bigger story here is that we’re seeing this kind of thing in multiple states, and it all appears to be shaping up as a forward-looking effort.


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“Republicans are using the former president’s failed attempt to overturn the election as a guide to how you would change the system to make it possible,” writes Jamelle Bouie.


This effort, Bouie notes, has spread far beyond Georgia:


In Pennsylvania, where a state Supreme Court with a Democratic majority unanimously rejected a Republican lawsuit claiming that universal mail-in balloting was unconstitutional, it means working to end statewide election of justices, essentially gerrymandering the court. In Nebraska, which Republicans won, it means changing the way the state distributes its electoral votes, from a district-based system in which Democrats have a chance to win one potentially critical vote, as Joe Biden and Barack Obama did, to winner-take-all.

Which brings us to a new paper from political scientist Jacob Grumbach. It seeks to tally up the overall impact on democracy that has been wrought by GOP state governance.


Democratic backsliding in GOP states

Grumbach’s paper creates a complex measure of “democratic performance” in any given state. That metric is an amalgam of many factors, including how easy a state makes it to register, to vote early, and to vote-by-mail. Other factors include whether felons can vote and how deep the partisan skew of a state’s gerrymanders have recently been.


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That amalgam creates a “democracy score.” The key idea here is to measure “democratic backsliding” within states, relative to other ones, and to measure the degree to which “state governments expand or restrict democracy.”


The result: Republican-controlled states during the period of 2000 to 2018 have tended to have meaningfully lower democracy scores. The aggregate of all those scores has been lower than the aggregate of democracy scores in states controlled by Democrats or under mixed control.


“Republican control of state government,” the paper starkly concludes, “consistently and profoundly reduces state democratic performance.”


What this illustrates is how much damage Republicans can do to democracy via state governments. Which raises two big questions: First, whether this democratic backsliding will continue getting worse (which seems very likely). Second, whether that backsliding will cross over into something even more radical, such as an overturned presidential result in a particular state (which simply cannot be ruled out).


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We know what Hice would like to see happen. Trump has told us so. What’s going on in many states, coming after large swaths of Republicans went all in with Trump’s efforts to overturn the results, suggests they are hardly alone.


Which leads to a third big question: Whether the rest of us are going to allow it.


Read more:


Don’t believe conservative fearmongering over vaccine passports

Don’t believe conservative fearmongering over vaccine passports

Opinion by 

Paul Waldman

Columnist

March 31, 2021 at 1:50 a.m. GMT+9

A man presents his “green pass,” proof that he is vaccinated against the coronavirus, in Jerusalem. (Maya Alleruzzo/AP)

In Israel, where over half the population is fully vaccinated against the coronavirus, people are eagerly going back to restaurants, gyms and theaters. In many cases, all they need to do is flash a “green pass,” also called a vaccine passport (you can get it on paper or on your smartphone) and they’re free to do almost all the things they haven’t been able to do for the past year.


People there seem to love it. The European Union is also planning to create a vaccine passport to enable travel between countries.


Now, a vaccine passport might be coming to the United States. And conservatives are up in arms at this supposedly terrifying new threat to the freedom they always believe is moments away from being stolen from them.


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There are some legitimate questions about how worthwhile and practical vaccine passports would be in a country the size of the United States. But some on the right clearly see this as an opportunity to stir up culture-war anger and continue their revisionist history project around the covid-19 pandemic.


How can you tell? Because so much of what they’re saying about vaccine passports is so dumb.


As of now, multiple private and nonprofit organizations and coalitions are working to develop standards that a passport could use. The administration is trying to coordinate these efforts, but if a passport comes to fruition it “will be driven by the private sector,” said White House press secretary Jen Psaki. “Ours will more be focused on guidelines that can be used as a basis.”


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That in itself makes it a challenge, since the utility of a passport would depend on its being simple and universally available. If there were a dozen different kinds of passports, it would make it harder for businesses to use them to screen customers.


So it’s too soon to know what such a system would look like, even if it did manage to get up and running. But right-leaning libertarians are already expressing dismay:


Call me crazy, but I’d say 550,000 Americans dying of the coronavirus is a tad more “dystopian” than getting your smartphone scanned on your way into the gym.


Some are going even further. “Proposals like these smack of 1940s Nazi Germany. We must make every effort to keep America from becoming a ‘show your papers society,’” said Rep. Madison Cawthorn (R-N.C.), drawing on his deep knowledge of Nazi Germany. Because flashing your smartphone on the way into a movie is just like the Holocaust, apparently.


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But shouldn’t we be worried about privacy? Wouldn’t it be “a massive bio-surveillance system,” in the words of one conservative columnist? The truth is that the privacy implications of vaccine passports are somewhat larger than zero, but way, way smaller than plenty of other intrusions on privacy that almost all of us — especially conservatives — accept every day.


First, it seems that the primary information contained within whatever system got established would essentially be a binary, zero-one piece of data, saying only whether you have been vaccinated. It wouldn’t monitor where you’ve been or what you’ve done.


And if you’re worried about your movements being tracked, I have some very bad news about that phone in your pocket.


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But this is coercive, some will say. There are places I wouldn’t be able to go unless I were vaccinated! That’s true — although in many cases, it would probably mean you wouldn’t be able to go there unless you put on a mask, which is exactly what you have to do now.


And we coerce people all the time, especially when we’ve decided it’s necessary to keep them from hurting others. Forcing you to take a driving test before you get a license — and forcing you to carry that license in case a law enforcement official wants to see it — is coercive. But we do it. We force children to get a range of vaccines before they’re allowed to attend school with other children.


Conservatives, furthermore, are happy to require people to show a very specific ID before they’re allowed to vote. They would also like to see every employer use a federal government database known as E-Verify to check your citizenship status before they’ll hire you; Republican hero Gov. Ron DeSantis signed a bill mandating just that in Florida.


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So if I’m a restaurant owner, should I have the right to say, “Since we’re still in a pandemic, for the next six months I’m only allowing in-person dining for those who have been vaccinated”? If you cry, “But you’re infringing on my freedom!”, I’d respond that you’re free to refuse the vaccine (or to get takeout), but I’m also free to make sure my restaurant is safe for my customers and staff.


And yes, in the short term, life could become more pleasant for those who have been vaccinated, granting them privileges not available to the refusers. Which is exactly the point.


In part, the objections are just something else for conservatives to complain about, a way to claim once again that they’re being victimized and oppressed. But this is also yet another battle in the war over our collective pandemic memory.


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They’d like everyone to believe President Donald Trump did a great job managing the coronavirus pandemic, it was never a big deal in the first place, only wimps are willing to sacrifice for our collective well-being, and our greatest political heroes should be those who ignored and denied it. That’s not even mentioning the QAnon faction, which will no doubt see a vaccine passport as the Mark of the Beast.


To be clear, I remain skeptical about the practical challenges in rolling out a vaccine passport system quickly in this vast country. Perhaps it would only bring the end of the pandemic a tiny bit closer. But just as I’ll be making my appointment to get vaccinated the first day I can, if a vaccine passport does get created, you can sign me up.


Read more:


Tuesday, March 30, 2021

Here’s another GOP voting law that’s almost comically suspect

Here’s another GOP voting law that’s almost comically suspect


 Opinion by 

Greg Sargent

Columnist

March 30, 2021 at 5:28 a.m. GMT+9

With Republicans launching voter-suppression efforts across the country, one emerging argument has been that such GOP efforts don’t actually work. If anything, goes this line, they inspire a counter-mobilization from Democratic voters that tends to offset those tactics — and then some.


Which raises a question: If that is so, then why don’t Republicans themselves believe this? Why do they continue to pursue policies that are so comically suspect on their face that they almost appear designed to enrage and energize the opposition?


The latest example of this comes out of Florida, as NBC News reports:


Florida Republicans are considering a bill that would effectively make it a crime to give voters food or drink, including water, within 150 feet of polling places.

State law currently prohibits campaigning within 100 feet of polling locations, but an elections bill introduced last week, H.B. 7041, expands that zone to 150 feet and includes a prohibition on giving “any item” to voters or “interacting or attempting to interact” with voters within that zone.

State Rep. Blaise Ingoglia, a Republican from Spring Hill, said in a committee meeting last Monday that the ban would include “food or beverages.”

This resembles the new law Georgia Republicans just passed, which bans third-party groups from sharing food and water with people waiting in voting lines. That appears aimed at making voting more miserable for African American voters, who tend to come from areas with longer voting lines and wait times.


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The new Georgia law also imposes new ID requirements for vote by mail, cuts back on drop boxes for mail ballots and bars mobile voting places. As a lawsuit filed against the law alleges, these provisions also appear to target African American voters, as drop boxes and mobile voting units were heavily utilized in 2020 in Fulton County, a heavily populated and majority-Black area. African Americans also disproportionately relied on vote by mail.


The Florida bill appears similar in some ways. As NBC reports: “It would require voters to request mail ballots more frequently, add more identification requirements for mail voting, and limit how drop boxes are used.”


Marc Elias, the Democratic lawyer who is suing to overturn the Georgia law, says another lawsuit may be coming.


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“It appears that Florida Republicans have looked at the outrage aimed at Georgia’s suppression law with envy rather than disgust,” Elias tells me.


Republicans in Florida appear to be “borrowing from Georgia tactics aimed at disenfranchising Black voters,” Elias continued. “I have sued Florida before over their suppressive voting laws and will not hesitate to do so again.”


We won’t know for sure what the Florida initiative will look like until it passes. But for now, what’s remarkable is the open embrace of such gratuitous, mustache-twiddling tactics: As the Florida Republican quoted by NBC confirms, here again the measure would ban selling “food or beverages” to voters in lines.


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Republicans keep saying such laws are necessary to counter the rampant (fictional) voter fraud revealed in 2020. In the softer version, they say such laws will restore voter “confidence," which was supposedly shaken by the widespread belief that the 2020 results were illegitimate.


But we can dismiss these fake rationales out of hand. First, the 2020 election was a remarkable triumph of integrity, particularly given the grueling circumstances. So there are no reasonable grounds for lacking such “confidence.” In Georgia, Republican election officials attested as much.


Second, given that fact — given that expanded vote-by-mail was successfully implemented everywhere and vote counts from it were upheld in dozens of court cases — then there’s no serious rationale for specific measures rolling back vote-by-mail for the sake of inspiring “confidence.” Pretending there’s such a rationale for denying food and drink to voters is even more absurd.


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Indeed, the real meaning of all this is inescapable. As David Atkins suggests, if Republican officials do need to shore up GOP voters’ “confidence," it’s only because they spent so much time feeding the lie that the election was stolen from Donald Trump.


This requires them to pass all these measures to appear to be fighting against the next massive wave of (nonexistent) fraud. As always, telling GOP voters the truth — that they should have confidence that our elections are secure — is not an option.


Of course, all these efforts really might inspire a counter-mobilization among Democratic voters. But if Republicans have any fear at all of this happening, they certainly aren’t showing it. For some reason, they think all this voter suppression is in their party’s interests. Maybe we should accept the meaning of that at face value.


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Republicans want you to call their policies ‘racist.’ It’s part of their plan.

Republicans want you to call their policies ‘racist.’ It’s part of their plan.


Opinion by 

Paul Waldman

Columnist

March 30, 2021 at 1:55 a.m. GMT+9


There are two ways to look at recent controversies over subjects such as voting rights, crime and what we often put under the broad umbrella of the “culture war.” In one, Republicans continually reveal their intentions by making it hard for racial minorities to vote, stirring up racialized crime fears and vilifying Black celebrities, all to use racism as an instrument of base mobilization.


In another, Democrats toss around toxic and unfounded accusations of racism against well-meaning Republicans who want only to achieve secure elections and keep their families safe.


But there’s another dimension to this conflict. Republicans, I would argue, want Democrats to accuse them of racism.


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In fact, what just happened in Georgia — the passage of a voter-suppression law so appalling that President Biden called it “Jim Crow in the 21st century” — was a double victory for the GOP. Republicans got their law passed, and they also got the opportunity to renew the sense of racial victimization they have so carefully cultivated among their constituents for years.


It’s not the only racialized controversy we’ve seen of late. A round-up:


Sen. Ron Johnson (R-Wis.) said he “never felt threatened” during the deadly Capitol riot, but would have if those involved had been Black Lives Matter protesters.

When the Tennessee Historical Commission voted to remove the bust of Nathan Bedford Forrest — Confederate general and first grand wizard of the KKK — from the state capitol, Republicans swung into action to retaliate against the commission (and Nathan Bedford Forrest Day will still be observed in the state).

South Dakota Gov. Kristi L. Noem, eager to burnish her culture war bona fides, started a beef with rapper Lil Nas X.

After Democrats began noting that the filibuster has long been used primarily to kill civil rights legislation, Senate Minority Leader Mitch McConnell (R-Ky.) executed a deft bit of trolling by saying the filibuster “has no racial history at all. None.”

And then there’s Georgia.


While it’s hardly the only state where Republicans are determined to make voting as difficult as possible to give themselves an electoral advantage, the changes advanced there were particularly blatant in targeting Black voters. One provision would have limited early voting on Sundays, a direct attack on “souls to the polls” drives for Black voters after church services.


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That was ultimately dropped. But the package that passed included a particularly repugnant measure making it a crime to give water to people waiting on line at the polls (minority voters typically have to wait longer to vote than White voters). There’s also a provision that shifts power from the state election board to the state legislature. In a future election, the GOP legislature could decide it didn’t like the results in a heavily minority county, then essentially seize control of that county’s election apparatus to change them.


I promise you, Republicans were not at all surprised when Democrats both in Georgia and at the national level called this law a new kind of Jim Crow. They may have even been counting on it.


That’s because they know that their political success depends on motivating their base through a particular racial narrative, one with a number of key components.


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The first is that conservatives and White people are increasingly oppressed, both by racial minorities themselves and by institutions that are too deferential toward those minorities.


So in this recent Economist/YouGov poll, 75 percent of Republicans said that in America today conservatives face real discrimination, while 49 percent said the same of Black people. Last year the Public Religion Research Institute found that although 52 percent of Republicans said Black people face discrimination, 57 percent said White people face discrimination. Among those who relied on Fox News, only 36 percent said Black people face discrimination, while 58 percent said White people do.


That belief did not arise from people’s daily experiences. There are not millions of White people who only concluded that they are the victims of anti-White racism after being denied bank loans, redlined into segregated neighborhoods, followed around stores by security guards, pulled over by police despite committing no traffic violations or told that they only got jobs because they’re White.


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No, they came to this conclusion because they’ve been told over and over that they are the real victims, and that no form of racism is more unjust than a White person being unfairly accused of being racist — and that conservatives can’t open their mouths without being shot down by that accusation.


This is a daily drumbeat in conservative media, on Fox News and talk radio. Along with it is the idea that Whites do indeed have an enormous amount to fear from minorities; conservative media portray Black Lives Matter not as a movement for racial justice but as an army of destruction that rampaged across the country last summer, murdering untold numbers of people and burning entire cities to the ground (you probably know that this is not true).


So when a controversy like the Georgia law arises, Republicans are ready. Here’s Sen. Lindsey O. Graham (R-S.C.), a ninth-degree black belt in feigned outrage, laying it down for the viewers of “Fox News Sunday”:


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So every time a Republican does anything, we’re a racist. If you’re a White conservative, you’re a racist. If you’re a Black Republican, you’re either a prop or Uncle Tom. They use the racism card to advance a liberalism agenda and we’re tired of it.

But Republicans are not actually “tired of it.” They’re counting on it.


We’re the real victims here, they’ll keep crying, in the hope that it will heighten the salience of Whiteness and keep voters from asking what the GOP has actually done for them lately.


Read more:


The false claims from Fox News and Trump allies cited in Dominion’s $1.6 billion lawsuit

The false claims from Fox News and Trump allies cited in Dominion’s $1.6 billion lawsuit


By 

JM Rieger

March 27, 2021 at 6:19 a.m. GMT+9

Dominion Voting Systems filed its fourth election-related defamation lawsuit on Friday, this time against Fox News for $1.6 billion, alleging that the network knowingly aired false claims about Dominion.


The repeated false claims by Fox hosts and guests cited in the Dominion lawsuit in some ways mirrors the false claims cited in Smartmatic’s $2.7 billion defamation suit against Fox last month. Fox has filed four motions to dismiss the Smartmatic lawsuit.


In its suit against Fox, Dominion alleges that it repeatedly notified the network that it had aired falsehoods and also sent retraction requests to Fox.


As my colleague Aaron Blake noted last month, the question in each of these suits is how legally problematic the claims were and whether they meet the defamation standard.


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Fox defended itself, saying it "is proud of our 2020 election coverage, which stands in the highest tradition of American journalism, and will vigorously defend against this baseless lawsuit in court.”


The Fix has compiled many of the false claims cited by Dominion in the video above and has listed some of the most consequential claims below:


Lou Dobbs, Fox Business Network

“It’s stunning. And they’re private firms, and very little is known about their ownership, beyond what you’re saying about Dominion. It’s very difficult to get a handle on just who owns what and how they’re being operated. And by the way, the states, as you well know now, they have no ability to audit meaningfully the votes that are cast because the servers are somewhere else and are considered proprietary, and they won’t touch them. They won’t permit them being touched.” (Nov. 12, Fox Business Network)


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“I think many Americans have given no thought to electoral fraud that would be perpetrated through electronic voting; that is, these machines, these electronic voting companies, including Dominion, prominently Dominion, at least in the suspicions of a lot of Americans.” (Nov. 24, Fox Business Network)


“We’re going to examine in some detail the — the reasons for what is apparently a broadly coordinated effort to — to actually bring down this president by ending his second term before it could begin.” (Dec. 10, Fox Business Network)


“This president is looking at the prospect of having this election stolen from him. Do you think that’s a fair statement?” (Jan. 4, Fox Business Network)


Maria Bartiromo, Fox News

“There is much to understand about Smartmatic, which owns Dominion Voting Systems. They have businesses in Venezuela, Caracas, they have businesses in Cuba, and there are also links to China.” (Fox News, Nov. 15)


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“You said [Trump campaign lawyer Sidney Powell] that there may have been kickbacks to some people who accepted the Dominion software.” (Fox News, Nov. 15)


Jeanine Pirro, Fox News

“The Dominion software system has been tagged as one allegedly capable of flipping votes.” (Nov. 14, Fox News)


“The president’s lawyers alleging a company called Dominion, which they say started in Venezuela with Cuban money and with the assistance of Smartmatic software, a back door is capable of flipping votes.” (Nov. 21, Fox News)


Sidney Powell, former Trump campaign lawyer

“The computer glitches could not and should not have happened at all. That is where the fraud took place, where they were flipping votes in the computer system or adding votes that did not exist.” (Nov. 8, Fox News)


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“I can hardly wait to put forth all the evidence we have collected on Dominion, starting with the fact it was created to produce altered voting results in Venezuela for Hugo Chávez and then shipped internationally to manipulate votes for purchase in other countries, including this one.” (Nov. 13, Fox Business Network)


“[T]his is a massive election fraud, and I’m very concerned it involved not only Dominion and its Smartmatic software, but that the software essentially was used by other election machines also.” (Nov. 15, Fox News)


“[W]e need, frankly, to stop the election that’s supposed to happen in January because all the machines are infected with the software code that allows Dominion to shave votes for one candidate and give them to another …” (Nov. 30, Fox Business Network)


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“[T]he entire system was created for the benefit of Venezuela and Hugo Chávez to rig elections to make sure he continued winning. And then it was passed on to Mr. Maduro to do the same. And we know it was exported to other countries by virtue of some of the Dominion executives that proceeded to go about and essentially sell elections to the highest bidder.” (Dec. 10, Fox Business Network)


Rudolph W. Giuliani, former president Donald Trump’s personal lawyer

“Dominion sends everything to Smartmatic. Can you believe it? Can you believe it? Our votes are sent overseas. They are sent to someplace else, some other country. Why do they leave our country?” (Nov. 15, Fox News)


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“We have a machine, the Dominion machine … [that] was developed to steal elections, and being used in the states that are involved.” (Dec. 12, Fox News)


Tucker Carlson, Fox News

LINDELL: I’ve been all in trying to find the machine fraud and I — we found it. We have all the evidence. … I have the evidence. … I dare Dominion to sue me because then it will get out faster. So this is — it — you know, they don’t — they don’t want to talk about it.

CARLSON: No they don’t.

Mike Lindell, MyPillow CEO

“Dominion … said they were going to go after Mike Lindell. Well they did. They hired hit groups, bots, and trolls went after all my vendors, all these box stores to cancel me out. … I’m not backing down. We cannot back down out of fear this time.” (Jan. 26, Fox News)


Joe Biden is a paradigm shifter

Joe Biden is a paradigm shifter

Opinion by 

E.J. Dionne Jr.

Columnist

March 28, 2021 at 10:00 p.m. GMT+9

The great Civil War historian James McPherson once explained why the most articulate voices of an era — the politicians, the journalists, partisans of various kinds — often dominate how a period is understood. “It is the squeaky wheel,” he wrote, “that squeaks.”


His formulation is a reminder that defining the terms of debate is often the decisive battle. Squeaking squeaky wheels are central to this struggle — and none more so than the president of the United States.


It turns out that President Biden is fully aware of this.


What we should take out of his first news conference is not that he answered the questions without serious stumbling — a ridiculously low bar that his critics (to Biden’s advantage) have foolishly set for him. It’s that he is relentless, no matter what Republicans say or what reporters ask, in pushing the discussion to progressive ground — his ground.


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Whether he was talking about immigration (on which he was the one who was supposed to be playing defense), the racist and autocratic voter suppression in Georgia and elsewhere, or the core purposes of government, Biden repeatedly challenged right-wing tropes and pushed his themes, not those of his opponents, to the center of the news.


Despite all the questions about problems at the Mexican border, the headlines largely focused instead on Biden’s rebuke of voter suppression.


He got some help here from Georgia’s Jim Crow crowd, which enacted an outlandish elections bill. It was worthy of Lester Maddox in how it would affect Black Americans, and of Hungary’s autocratic Viktor Orban in its empowering of Republican politicians to seize control of the electoral process by pushing aside local voting officials. (So much for the GOP’s claimed devotion to “local control.”)


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The words Biden used could not help but command attention. He called these measures “un-American,” “sick” (twice) and added: “This makes Jim Crow look like Jim Eagle.”


Jim Eagle? Actually, getting people online first to puzzle over the two Jims, and then to ponder the contrast between the noble bird that symbolizes the United States and the nasty predator that represents segregation, is a fine bit of framing. And the first example he picked from Georgia’s anti-voting bill signed on Thursday — its criminalization of bringing water to people standing in line to vote — left no doubt about the barbarity of the GOP’s effort. On Friday, Biden specifically attacked the Georgia law as “an atrocity.”


When he did discuss immigration, he stayed on offense, arguing in effect that the problems he faced at the border were the consequence of a moral choice for decency and compassion. “Rolling back the policies of separating children from . . . their mothers, I make no apology for that,” Biden said. “Rolling back the policies of ‘Remain in Mexico,’ sitting on the edge of the Rio Grande in a muddy circumstance with not enough to eat . . . I make no apologies for that.”


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It was a bracing moment because liberals, having accepted the predominance of conservative assumptions for four decades, have spent a lot of time apologizing for what they were doing. Biden was saying: Enough!


And he demonstrated his understanding of one of the cardinal rules of contemporary journalism: Good news is not news. He bet (correctly, it turns out) that he might not get questions on the pandemic, so he opened the session with a roughly 460-word soliloquy on how well the war on the virus is going, ending with: “Help is here, and hope is on the way.”


Like all presidents, Biden will be ultimately judged by results: on the pandemic, the economy, the climate, matters of social justice and equality, and whether he can create a durable consensus for resolving the country’s struggle over immigration.


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Yet those judgments are themselves shaped by assumptions about what “success” means. Biden’s most important challenge to conventional wisdom may be his effort to redefine what constitutes successful bipartisanship. He wants to make it about getting support from rank-and-file Republican voters, even if GOP politicians in Washington follow their long-standing habits of obstruction.


“I’ve not been able to unite the Congress,” Biden said, “but I’ve been uniting the country.” And if the only way to get Republican votes in Congress is to abandon the bulk of his program, he won’t do it.


Toward the end of his gentle sparring with reporters, Biden made clear how engaged he is with revising the terms of debate. “I want to change the paradigm,” he declared. He said it twice more.


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His focus, he said, was to “reward work, not just wealth,” and to “get things done for the people I care most about . . . hard-working, decent American people who are . . . really having it stuck to them.”


Such citizens tend not to be McPherson’s squeaky wheels that squeak. If Biden remains serious about acting on their behalf, he could make himself the most unlikely political revolutionary in our history.


Read more:


Searching for signs of intelligent symbolism in the Suez Canal

Searching for signs of intelligent symbolism in the Suez Canal

By 

Daniel W. Drezner

Daniel W. Drezner is a professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University and a regular contributor to PostEverything.

March 29, 2021 at 8:00 p.m. GMT+9


Let my Evergreen memes go

The cargo ship MV Ever Given is seen stuck in the Suez Canal on Sunday. (Maxar Technologies/AP)

You read Spoiler Alerts, which means, you are someone who likes to stay abreast of the news. This means you are probably aware that the container ship Ever Given got stuck in the Suez Canal last week and, as of this writing, is still wedged there despite the best efforts of social media to proffer solutions.


The hard-working staff here at Spoiler Alerts will get to the real-world effects of this blockage a few paragraphs from now, but first we should all acknowledge the yeoman work done to meme the heck out of this incident:


It’s that last one that is worth focusing on a bit, because I confess that the take industry’s take on the Ever Given is leaving me grumpy.


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Why? Because everyone and their mother is desperate to read it as a sign of … something. According to the New York Times, the stuck ship is a “Warning About Excessive Globalization.” The precise warning? “The perils of its heavy reliance on global supply chains … international commerce confronted a monumental traffic jam with potentially grave consequences.”


The Financial Times tells a similar story, “The Suez accident … has drawn attention to the inherent fragility of tightly stretched global supply chains at the very moment when they are already being buffeted by a pandemic and in an era when the philosophical underpinnings of global trade are being challenged.”


Meh.


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The global economy is a lot of things in 2021, but fragile is not one of them. Over the past decade, global value chains have had to cope with a slow recovery from the 2008 financial crisis, a follow-on euro-zone crisis, Fukushima, the Arab Spring, Brexit, rising levels of economic and political migration, a wave of populist nationalism stretching from the United States to the Philippines, a Sino-American trade war and a global coronavirus pandemic. Many of these were predicted to be the end of global supply chains, and yet those darn networks keep persisting.


So we are now supposed to believe that a ship getting stuck in the Suez is the symbol to end all symbols for the state of the global economy? I get that there has been a decade of disasters, but this might be catastrophizing the state of globalization just a bit.


To be clear, this is not a good thing for the global economy. Slate’s Joshua Keating notes that approximately 9 percent of all global trade passes through the Suez. Time’s Joseph Hincks points out that the obstruction will cost the global economy several billion dollars per day the vessel is stuck there. The longer the ship stays stuck, the more shipping rates will rise and the volume of shipping will shrink.


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Still, one of the reasons that so many commentators are warning about short-term effects is that global (or, at least, American) demand has recovered from the covid-19 doldrums. And it is also worth remembering that in modern history, the Suez Canal has been closed for a lot longer than a week — it was closed between 1967 and 1975. That also had malignant effects on economies that were dependent on Suez trade, but those effects should not be exaggerated either.


The Suez Canal makes the global economy run more efficiently. But there are other ways to get goods from Asia to Europe and vice versa. They are less productive than using the Suez, but that does not mean they lack viability. This is not an all-or-nothing crisis, but rather one in which prices react to real-world shocks and private-sector actors will respond to shifting incentives.


If commentators want to use the 21st-century Suez crisis as yet another warning about just-in-time manufacturing and the dangers of minimizing inventories, hey, go to town. But that warning has been going out for a while now, and I doubt the Suez traffic jam will be the tipping point that the pandemic or the Sino-American trade war was not.


The Ever Given is not a symbol of faltering globalization — if anything, the opposite is true. It serves as a refresher course about the value that globalization still provides to the world economy. If even the likes of Tucker Carlson sound ham-handedly concerned about blocked shipping lanes, maybe economic globalization should not be viewed as the bygone relic of a previous generation.


The GOP is facing a sickness deeper than the coronavirus

The GOP is facing a sickness deeper than the coronavirus

Opinion by 

Michael Gerson

Columnist

March 30, 2021 at 7:20 a.m. GMT+9

South Dakota Gov. Kristi L. Noem (R) speaks at the state Capitol in Pierre, S.D., in January 2019. (James Nord/AP)

It is the sign of a sickness deeper than covid-19 that the defiance of public health guidance has become a political selling point in the Republican Party.


Consider the case of South Dakota Gov. Kristi L. Noem. Speaking last month to the 2021 Conservative Political Action Conference, she stirred some presidential buzz for her proud resistance to basic virus control measures even at the height of the pandemic. “Now let me be clear, covid didn’t crush the economy, government crushed the economy,” Noem told the conference. “South Dakota is the only state in America that never ordered a single business or church to close. We never instituted a shelter in place order. We never mandated that people wear masks.”


Noem continued: “We have to show people how arbitrary these restrictions are, and the coercion, the force and the anti-liberty steps that government takes to enforce them.”


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Now let me be clear. South Dakota has the second-highest case rate and the eighth-highest covid death rate in the country. In that sparsely populated state, the disease has taken the lives of nearly 2,000 people. And Noem’s defiant inaction has made that number higher than it should have been. What level of hubris, extremism or insanity does it take to crow about one of the worst covid records in the nation? Noem might as well be campaigning for higher office in a hearse.


In the not-so-distant past, Republican governors competed with their colleagues to author innovative welfare reform or criminal justice proposals. Now bad covid policy is a point of pride and a path to influence. Florida’s Republican governor, Ron DeSantis, has made his better-than-Noem-but-still-middling covid record the centerpiece of his national appeal. He also bucked the medical experts — making Florida “an oasis of freedom” — but held his per capita death rate to 28th in the nation. It makes for a nice campaign slogan: “DeSantis, Not As Disastrous As You Initially Thought.”


Amid its many horrors, covid has presented a rare opportunity. On one large national problem, it has allowed for an empirical test of political philosophies. Under President Donald Trump, the federal government largely surrendered its role in the unfolding crisis, leaving both red and blue states to respond according to their ideological proclivities. Republican governors were less likely to implement stay-at-home orders, and, if they did, those orders tended to be of shorter length. Democrat-led states were more likely to impose mask mandates.


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A recent study by researchers at the Johns Hopkins Bloomberg School of Public Health and the Medical University of South Carolina — analyzing every day of data between March 15, 2020, and Dec. 12, 2020 — calculated the chances of getting covid-19 or dying from covid-19 in every state (and D.C.). After adjusting for factors such a population density, ethnic composition, poverty and age, a clear picture emerged. Democrat-led states were hardest hit early on, as you’d expect given the places where the disease took hold in the United States. But then the balance shifted. By June 3, Republican states had higher case diagnoses. By July 4, higher death rates. By Aug. 5, the relative risk of dying from covid-19 was 1.8 times higher in GOP-led states.


And we know the differences on covid policy that intensified during those nine months. Republican-led states (with exceptions such as Maryland and Massachusetts) pulled back from pandemic-related measures. “In late spring,” one health official told me, “when we were trying to carefully ‘reopen’ the country and the economy by putting out a set of gateway guidelines for the states to follow, states like Florida, Texas and Georgia, among others, essentially disregarded the guidelines. To a greater or lesser degree they opened up too quickly leading to that late spring, early summer surge that we experienced.”


All pandemic policy involves a trade-off between the level of deaths and the level of commercial interaction. But concerning covid, Republican governors tended to put a greater value on economic activity than preserving the lives of the elderly and vulnerable (and others) when compared with Democrat-led states. In doing so, they elevated their views above the sober judgment of experts.


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How is this performance by many Republican governors not discrediting, even disqualifying? Does it not concern people in GOP-led states that, at a key moment in the crisis, they were nearly twice as likely to die of covid than their counterparts in Democrat-led states? Why does it not generate more outrage that many Republican governors are continuing these policies even as infections spread and virus mutations accumulate?


Realistically, this is because the economic benefits of covid irresponsibility are immediate and obvious to everyone. And even twice a very small risk is still a very small risk. But this reasoning requires us to abandon our social solidarity with the elderly and vulnerable, who bear a disproportionate cost in Noem’s vision of liberty. And I fear it indicates a wide streak of social Darwinian callousness in the American right.


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Draining the swamp should start in state capitals

Draining the swamp should start in state capitals

Opinion by 

Catherine Rampell

Columnist

March 30, 2021 at 7:26 a.m. GMT+9

The Colorado state legislature enacted a law blocking cities from regulating firearms. (David Zalubowski/AP)

The “swamp” that desperately needs draining isn’t in Washington, D.C. It’s in state capitals around the country, where undemocratic, anti-majoritarian officials are seizing rights from voters and flagrantly thwarting the will of the people.


The past week alone is replete with examples of state lawmakers, typically Republicans, ignoring or suppressing the views of constituents they’re supposed to represent.


In Missouri, Republican legislators announced their refusal to enact and fund an expansion of the state’s Medicaid program — despite the successful ballot initiative last summer adding a Medicaid expansion to the state constitution. One Republican lawmaker argued that the ballot measure, despite receiving a majority of the votes cast, cannot possibly represent the “will of the people.”


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This follows similar GOP attempts in recent years to undermine popular ballot measures in other states, including one in Utah also expanding Medicaid, one in Florida restoring voting rights to people with felony convictions and one in Maine raising the minimum wage.


Last week also brought greater visibility to Colorado’s law blocking cities from regulating firearms, despite voter support there for gun-control measures. The state law led a judge to strike down the city of Boulder’s ban on assault-style firearms just days before a gunman murdered 10 people at a local supermarket.


Today, thanks to widespread lobbying from gun groups, more than 40 states similarly preempt some or all local regulation of firearms. And gun groups aren’t the only special interests investing in this kind of lobbying. Such laws are part of a broader trend of state legislatures blocking municipal officials from passing a host of popular ordinances related to minimum wages, paid sick leave, environmental rules, campaign finance disclosures, public health measures and others. In Florida alone, state legislators are pushing dozens of bills that would tie the hands of local officials.


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Many of these preemption laws have been enacted by GOP-controlled statehouses that want to prevent Democrat-controlled cities from executing local policy wishes. This “new preemption” or “hyper-preemption” trend, as some scholars have dubbed it, has also gotten punitive, with state officials imposing civil and criminal penalties or even removing from office municipal officials who dare to defy preemption laws.


Yet another escalation of this decades-long, anti-democratic, anti-local-rule trend arrived last week in Georgia.


There, the state legislature enacted a raft of voter-suppression measures. Most attention has focused on those that ban giving water to people waiting in line to vote and that limit access to absentee voting. But perhaps the most nefarious provision is one that allows state lawmakers and their political appointees to seize control of elections from local officials when legislators see fit.


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As a result, GOP lawmakers and their appointees will be able to make decisions about polling locations (and closures) in heavily Black or Democratic neighborhoods; likewise, these officials will be able to make critical decisions about vote-counting. That’s a particularly troubling prospect given the experience in 2020, when some Republican state lawmakers tried to help Donald Trump overturn the presidential results in Georgia.


Georgia, in other words, has not only made it harder for eligible voters to cast their ballots. State lawmakers have also made it easier for political operatives to ignore votes successfully cast if tallies happen to produce inconvenient results. The law may prove to be a template for other red states, too, given that dozens of states are considering their own bills to restrict voting access.


“State legislatures are typically a state’s least majoritarian branch,” University of Wisconsin Law School professor Miriam Seifter argues in a forthcoming law review article. “Often they are outright counter-majoritarian” or “minoritarian” institutions, she notes. Both houses of Michigan’s legislature, for example, have been controlled by Republicans every year since the state’s 2010 redistricting — even though Democrats have won a majority of the popular vote for these seats in multiple elections.


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You might wonder how state officials manage to stay in office if they fail to reflect the partisan or policy preferences of their constituents.


One answer, of course, is gerrymandering, which has become more sophisticated in recent years, thanks to better data and computer modeling. Geographic clustering of liberal voters in cities doesn’t help either. Neither does the fact that local news organizations have collapsed, leaving fewer watchdogs in state capitals to ferret out bad behavior and report it back to voters. There’s plenty of coverage of general swampiness, democratic backsliding and big-money lobbying in media hubs such as Washington and New York — and much less consistent attention paid to states’ equally consequential actions.


The traditional sources of accountability that nudged or forced elected officials to be responsive to their constituents have weakened. The result is greater job security for state officials practicing minority rule — and worse outcomes for voters.


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Monday, March 29, 2021

Wait a Minute, Could John Roberts Block All of This?


Wait a Minute, Could John Roberts Block All of This?
by Scott Lemieux, prospect.org
September 27, 2019 06:30 AM
Existing statutes give presidents a wide range of discretion to make policy choices and advance a progressive agenda through the existing regulatory state. There is, however, a big catch: the Roberts Court. The most recent term sent strong signals that the Supreme Court is preparing to take power from the executive branch and arrogate it to itself.

After the constitutional crisis created by judicial attacks on the New Deal during FDR’s first term, the Supreme Court established doctrines that gave wide deference to the ability of the federal government to regulate the economy and to authorize executive agencies to implement broad policy objectives under statutory authority granted by Congress. And despite successfully rolling back liberal victories in other areas, the Burger and Rehnquist Courts mostly left these doctrines in place. But conservatives on the federal bench are showing signs of becoming bolder. Some of these involve attacks on legislative power based on the Commerce Clause, which nearly got the Affordable Care Act struck down. But there are increasing signals that the Roberts Court is about to revive long-discredited doctrines, or invent new ones, to attack the federal regulatory state as well.

Nondelegation Doctrine
What may prove one of the most important cases of the Supreme Court’s most recent term seems innocuous on its face. In a 5-3 decision in Gundy v. United States, the Court upheld a provision of the Sex Offender Registration and Notification Act, authorizing the attorney general “to prescribe rules” concerning offenders who would have to register as a sex offender although they had not previously been required to. Under existing law, this was an easy case. As Justice Kagan wrote for a plurality of the Court, “as compared to the delegations we have upheld in the past,” the SORNA provision is “distinctly small-bore” and “falls well within constitutional bounds.” So far, so good.

But the other opinions in the case are ominous. Justice Neil Gorsuch’s dissent was joined by Chief Justice Roberts and Justice Thomas, and almost certainly would have been joined by Justice Brett Kavanaugh had he been on the Court when the case was heard. Most disturbingly, Justice Samuel Alito filed a concurrence that did not join any part of Kagan’s opinion. Alito conceded that the provision of SORNA was constitutional under existing rules and it would be “freakish” to single it out, but “[i]f a majority of this Court were willing to reconsider the approach we have taken for the past 84 years, I would support that effort.” Kavan-augh’s confirmation almost certainly gives Alito the majority he seeks.

The “nondelegation” doctrine is based on the premise that Congress acts unconstitutionally when it delegates its legislative authority to the executive branch by authorizing it to make policy choices. The doctrine was invoked in two 1935 decisions—Panama Refining v. Ryan and Schechter Poultry v. U.S.—to hold the National Industrial Recovery Act unconstitutional. However, the Court quickly (and correctly) abandoned the doctrine as an unworkable dead end. As Alito observed in his concurrence, even as the administrative and regulatory state has proliferated, the Court has not struck down an act of Congress under the doctrine in the subsequent 84 years.

The courts will be a significant constraint on the next Democratic administration, but that doesn’t mean giving up preemptively.

What’s particularly disturbing about Gundy is that (unlike with the NIRA) there is nothing remotely unusual or novel about the delegation involved. Congress made a clear policy choice and simply left it to the executive branch to use its expertise to determine how it would be best implemented. Whole branches of administrative law are authorized by delegations less specific about policy than the one at issue in that case; practically the entire Dodd-Frank Act was left to executive branch agencies to decide the technicalities of financial regulation. As Kagan put it in her opinion, “if SORNA’s delegation is unconstitutional, then most of Government is unconstitutional.”

Nondelegation doctrine can sound superficially attractive—having elected officials make clearer choices sounds like a good thing. But as the political scientist George Lovell observed in an article defending the abandonment of the doctrine, the idea that the judiciary can force Congress to make clearer choices is naïve and ahistorical. Before the development of the modern regulatory state, Congress still routinely passed legislation that was accidentally or purposely vague, or simply refused to address major policy areas, allowing judges or state and local officials who are more easily captured by powerful interests to fill in the gaps.

Of course, the problem is that this is the future many conservatives want. And because if the provision of SORNA is unconstitutional most of the U.S. Code is logically unconstitutional, conservative judges will have a plausible argument against any regulatory action made by a Warren or Sanders administration that offends them.

The End of Auer and Chevron Deference?
Two important lines of doctrine hold that the courts should generally be deferential to executive branch agencies. Chevron v. Natural Resources Defense Council (1984) held that if an agency rule did not contradict the relevant statutory text, courts should defer to agencies as long as their actions are “permissible” under the statute. And Auer v. Robbins (1997) held that courts should defer to agency interpretations of their own rules unless the reading was “plainly erroneous.” Unlike many of the doctrines in the crosshairs of the Roberts Court, Chevron and Auer deference were not solely the creations of liberal judges. Indeed, both opinions were unanimous, and the latter was written by very conservative Justice Antonin Scalia.

But the political context has changed. A generation of conservatives liked agency deference because of the battles that the Nixon and Reagan administrations had with more liberal judiciaries. Today, younger conservatives are more skeptical of deference to executive branch agencies, a skepticism intensified by the second term of the Obama administration. The Court has already begun to take a more aggressive posture.

When Roberts wrote the majority opinion in King v. Burwell, correctly rejecting an argument that would have made the Affordable Care Act’s tax credits to purchase insurance on state health insurance markets unconstitutional based on a hyper-literal reading of an isolated clause of the statute, he could have simply deferred to the interpretation of the law given by the IRS under Chevron. But Roberts refused to apply Chevron. Instead, he argued that, because the case concerned a matter of great “economic and political significance,” Congress could not have wanted to delegate the policy choice to an executive agency, and so it was up to the Court to definitively interpret the statute. This exception to Chevron doctrine is far from unique—the Court’s four most conservative justices have repeatedly argued that the doctrine should be severely limited or overruled, and with Kavanaugh on the Court this is very likely to happen.

In a ruling issued last June, the Court declined to overrule Auer deference outright in an opinion written by Elena Kagan. Every Republican nominee except Roberts joined concurrences by Brett Kavanaugh and/or Neil Gorsuch urging the overruling of the doctrine. However, Kagan’s opinion was so focused on emphasizing the limitations on the Auer doctrine that the Cato Institute pronounced itself as having effectively won, with Auer reduced to a “paper tiger.” Kagan acknowledged three exceptions to Auer deference: When the authorizing text is unambiguous, when the interpretation in question does not reflect agency expertise, and when the agency’s interpretation has changed, Auer deference may not apply. Gorsuch’s concurrence declared that the doctrine emerged from Kagan’s opinion “enfeebled” and “zombified.”

Judicial decision-making is a complex interplay between policy preferences and legal factors; attention to detail and procedure will matter.

Because of the substantial exceptions to both doctrines, what matters is not so much whether they are formally overruled as the general posture that the Court takes to executive agencies. Roberts in particular has made it a longtime specialty to nominally uphold precedents while slowly hollowing them out. And a majority of the Court seems prepared to take a more aggressive stance toward the executive branch. While Trump is in office, the Court may not move the needle much, but the next Democratic administration is likely to find a Court that’s more eager to substitute its own judgments for those of executive agencies. Many more policy questions are likely to be determined to be “major” by the Supreme Court for the purposes of Chevron deference, and Auer has so many holes as to provide little constraint on future Courts, even if it formally remains in place.

The Elephant in the Mousehole
Another exception that has been carved out of the general deference given to executive agencies is the so-called “elephant in the mousehole” doctrine. The phrase comes from a Scalia opinion in which he asserted that “Congress, we have held, does not alter the fundamental details of a regulatory scheme in vague terms or ancillary provisions—it does not, one might say, hide elephants in mouseholes.” In such cases, the courts are not required to defer to executive agency opinions, because they lack proper legislative authorization. Both the Supreme Court and various lower courts have invoked the doctrine as a reason to reject rules promulgated by executive agencies.

The legal scholars Jacob Loshin and Aaron Nielson have argued that the “elephant in the mousehole” doctrine is essentially a variant of nondelegation doctrine, and is “not a workable reincarnation” of nondelegation “because it is not amendable to consistent application.” Whether courts are dealing with a mouse or elephant is likely to be driven mostly by policy concerns. But precisely because of its plasticity, this doctrine will be another useful tool for conservatives who wish to replace the policy preferences of agency officials with their own.

Concern, but Not Defeatism
With conservative judges preparing for war with the administrative state, at least the next time it’s controlled by a president whose policy preferences they will generally oppose, it’s tempting to lapse into fatalism. If courts will undo the work done by executive agencies under the next Democratic administration, is it even worth thinking about what the next Democratic administration can accomplish without Congress?

This would be going too far. The courts will be a significant constraint on the next Democratic administration, but that doesn’t mean giving up preemptively.

Even during the infamous Lochner era, in which the Supreme Court struck down economic regulations with a frequency unseen before or since, most progressive regulations survived. The Court had to come up with various tortured rationalizations to explain why states could regulate the hours of some demonstrably dangerous professions but not others, or why Congress could ban the interstate shipment of lottery tickets but not goods made with child labor. These explanations were never persuasive or coherent, but the key point is that most of the time the reforms enacted by creative legislators survived, even in a very hostile judicial environment. The next Democratic president should still seek to use their authority creatively and boldly.

Another important point, given the judicial environment, is that attention to detail and procedure will matter. The Supreme Court is a political institution, but that isn’t to say that the law doesn’t matter at all. Judicial decision-making is a complex interplay between policy preferences and legal factors. With issues that are a top priority for elite Republicans—such as, say, gutting the Voting Rights Act—the relative strength of the legal arguments basically doesn’t matter. But for lower-order issues, it might. The next Democratic administration needs to avoid giving Republican courts an excuse by making procedural or technical mistakes. Being careful won’t save every threatened regulatory action, but it might save some.

This is not to say that concern about what the new, more conservative Roberts Court will do is unfounded. There will be a lot of bad decisions, and the next Democratic administration will find some of its good work trashed by the courts. But that’s no reason to give up, either. Democrats need to be thinking now about how to use the administrative and regulatory state the next time they control it.  

Candidate Spotlight: How About Packing the Court?
Democratic presidents would have options if the Supreme Court began to nullify administrative actions. The Constitution does not specify how many justices must sit on the Supreme Court; the number shifted over time until the Judiciary Act of 1869 settled on nine. In 1937, Franklin Roosevelt announced a plan to expand the Court to as many as 15 judges, by appointing an “assistant” justice with full voting rights for every member of the Court over the age of 70 years and six months. This was derided as a “court-packing” scheme, and it never got a vote in Congress. However, the Court got the message. Weeks after FDR introduced the plan, Justice Owen Roberts joined New Deal liberals to approve a minimum-wage law in the state of Washington. The reversal seemed timed to preserve the structure of the Court; it became known as “the switch in time that saved nine.”

Some law professors have endorsed court-packing as a last resort, both PETE BUTTIGIEG and BETO O'ROURKE have mused about the idea, and ELIZABETH WARREN and KAMALA HARRIS refused to rule it out. Others have endorsed 18-year term limits for Supreme Court justices. Of course, either of those options would require legislation, not executive action.