Tag Archives: Justice Brett Kavanaugh

Polls Show Republican Presidential Race Getting Tighter; A Twist in Wisconsin; SCOTUS Rules on Alabama Redistricting; Special Election in UT-2

By Jim Ellis — Monday, June 12, 2023

President

Former President Donald Trump still up, but down in polling.

State Polls: Republican Race Getting Tighter — Two very recent Republican presidential state polls were released late last week, one from Wisconsin and the other in Utah. While the Wisconsin spread is typical of what we are seeing in other places, the Utah poll has closed to within one percentage point.

Public Policy Polling (June 5-6; 507 likely Wisconsin voters) sees former President Donald Trump leading the Wisconsin GOP primary but with well less than majority support. The ballot test gives the former president a 41-25 percent lead over Florida Gov. Ron DeSantis. Ex-Vice President Mike Pence is next with eight percent support, and no one else breaks five percent. In an isolation question featuring Trump and DeSantis, the former pPresident leads this only 43-39 percent.

The Utah numbers are much closer. In this Dan Jones & Associates poll for the Utah Republican Party (May 22-June 1; 421 registered Utah Republican voters), Trump’s advantage is only 27-26 percent over Gov. DeSantis.

Former Rep. Liz Cheney, not even a candidate, places third with seven percent, and no other candidate breaks the five percent mark. However, this poll’s long sampling period and small respondent universe, along with the introduction of Cheney into the mix, casts an accuracy shadow over this poll.

Senate

Wisconsin: Polling Leader Emerges; Not the GOP’s Top Choice — The Wisconsin Public Policy Polling survey (see President section above) also tested the state’s US Senate race featuring two-term incumbent Tammy Baldwin (D).

The Republican primary ballot test suggests that former Milwaukee County Sheriff David Clarke would lead a prospective group of GOP candidates with 40 percent preference. Placing second is Rep. Mike Gallagher (R-Green Bay) with 20 percent, followed by Rep. Tom Tiffany (R-Minocqua) at 10 percent. Clarke is not an official candidate, and viewed as someone who would be unlikely to win the general election. So far, Rep. Gallagher has not made a discernible move to enter the Senate race. Rep. Tiffany is testing the waters.

The Wisconsin race could become competitive, but Sen. Baldwin would begin any general election as the favorite to win in November.

House

Redistricting: SCOTUS Rules on Alabama — The US Supreme Court, on a 5-4 decision with Chief Justice John Roberts and Associate Justice Brett Kavanaugh joining the majority, ruled in favor of the plaintiffs in the Alabama racial gerrymandering case. Therefore, the Alabama map will be redrawn to reflect a second minority district from the state’s seven seats. Louisiana will likely have to be redrawn as well.

Possible redraws could occur in several other southern states. The ruling is clearly a win for the Democrats and gives them even better odds of re-capturing the House majority in the 2024 election.

UT-2: Special Election Set — Since Utah Rep. Chris Stewart (R-Farmington) submitted an irrevocable letter of resignation for Sept. 15 to Gov. Spencer Cox (R), that action has allowed the state’s chief executive to set at least the special primary election even before the congressman officially leaves office.

Under Utah law, the governor must schedule the special congressional election concurrent with another election. The municipal elections were scheduled for Aug. 15 and Nov. 7, but Gov. Cox is preparing to send the legislature a measure to change those dates to Sept. 5 and Nov. 21 and add the special congressional election to that ballot. These dates meet the federal electoral notice requirements.

The legislature is expected to comply. If they do not, the 2nd District seat could remain vacant for more than a year awaiting the regular primary schedule.

In this instance, the seat will be filled while Rep. Stewart remains in office, which is similar to the Oklahoma law that allows a resigning elected official to serve until a replacement is selected.

Alabama Map Ruling Stayed; Redistricting Update

By Jim Ellis

Alabama redistricting map (Click on the map above or go to DavesRedistricting.org to see interactive map)

Feb. 9, 2022 — On a 5-4 vote, the US Supreme Court voted to stay the lower court ruling that invalidated the new Alabama congressional map. A Republican three-judge panel had ruled that a second majority minority district could have been drawn among the state’s seven congressional districts, and thus disqualified the plan on Jan. 23.

Writing a concurring opinion, Justice Brett Kavanaugh stated that the lower court decision was made too close to the 2022 election, meaning that the judicial process would not have proper time to hear the appeal and make an educated ruling prior to the state’s scheduled primary election. The ruling does not mean the appeal was granted, but merely postpones hearing the case to a later date.

Analysts say the stay ensures that the original map will be in place for this year’s election. It does not mean, however, that the map won’t be altered for the 2024 election and beyond.

The new plan is virtually an extension of the current map, which elected six Republicans and one Democrat in the 2020 election. It was a curious original decision, not only because the judges that ruled against the GOP map drawers were appointed by former President Donald Trump (2) and the late President Ronald Reagan (1), but that the same map footprint stood unencumbered for the past 10 years.

The major change made from the current map to the new draw came in the 7th CD, which is the Voting Rights district. The legislature, however, had no choice but to make a substantial change. AL-7 was 53,143 people short of reaching the state’s congressional district population quota of 717,754 individuals.

The previous ruling also postponed the Jan. 28 candidate filing deadline for the Alabama US House candidates. Those running for all other offices have now already filed and been qualified for the respective party primary ballots. The congressional candidates will now file on Feb. 11.

Redistricting Notes

• Summarizing the legal action in other states, the North Carolina map has been disqualified and the legislature will now return to redraw the congressional and state legislative maps. As has been the case throughout the previous decade, the partisan Republican legislature and the partisan Democratic state Supreme Court continue to go back and forth over the issue of partisan gerrymandering.

• The lower court ruling in Michigan rejected the Detroit area Democratic current and former state legislators’ claim that the Michigan Independent Citizens Redistricting Commission members violated the Voting Rights Act in drawing the city of Detroit’s congressional and state legislative maps. Unless an appeal is granted, the new Michigan maps will stand for this year’s elections.

• The Kansas legislature adjourned without voting to override Gov. Laura Kelly’s (D) veto of the state’s congressional map. The hasty adjournment move, however, allows the legislature to reconsider the veto override. Without a successful override vote, the map will go to the courts for a redrawing of the Kansas City metro area.

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SCOTUS: The Effect of Replacing Late Supreme Court Justice Ruth Bader Ginsburg On The 35 Senate Races

By Jim Ellis

Late Supreme Court Justice Ruth Bader Ginsburg

Sept. 22, 2020 — A secondary question surrounding the replacement process for the late Supreme Court Justice Ruth Bader Ginsburg is how will the confirmation fight over the next judicial nominee resonate in the 35 Senate races?

In the 18 campaigns that appear non-competitive (9D; 8R) – for example, in Illinois (Sen. Dick Durbin-D), Rhode Island (Sen. Jack Reed-D), Arkansas (Sen. Tom Cotton-R), and Idaho (Sen. Jim Risch-R) to name a representative quartet – the Supreme Court battle will have little influence over the Senate outcome since those situations are virtually decided.

If the individual campaigns play the issue correctly, however, the Supreme Court vacancy development could be a boon to most competitive Republican incumbents and candidates in traditionally conservative states that are moving closer to the political center.

Democratic challengers in the more conservative states could have trouble because the issue matrix likely to be discussed through the nomination and confirmation process should activate the more conservative voting base. This is likely the case in the key competitive southern domains (AL, GA, NC), and in the Midwest and Rocky Mountain states, particularly in Iowa, the Kansas open seat, and for the Montana duel, in addition to the far west campaign in Alaska.

Perhaps the senator in the worst confirmation question situation, and one who can ill afford to be embroiled in such a predicament, is Maine Sen. Susan Collins (R). Already trailing in polling to state House Speaker Sara Gideon, Sen. Collins’ immediate call to postpone the process, and what will likely lead to a vote against the motion to proceed, will likely cost her conservative votes that she badly needs.

Her position to postpone has likely angered many who comprise the conservative base and gained her nothing with the Independents and soft Democrats that she desperately needs to close the gap between she and Gideon.

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