Tag Archives: US Supreme Court

RFK Jr. Moves Closer to Presidential Run; Gillibrand’s Ploy re: Cuomo; House Challengers; Pa. Replay?

By Jim Ellis — Wednesday, March 15, 2023

President

Robert F. Kennedy Jr.

Robert F. Kennedy Jr.: Files Presidential Committee — There has been much speculation that Robert F. Kennedy Jr. will soon join the Democratic presidential campaign as an opponent to President Biden. Over the weekend, he took a definitive step toward becoming a candidate when officially filing a presidential exploratory committee with the Federal Election Commission. This is typically the first step most individuals take before they formally enter a race.

Kennedy, much more conservative than the typical Democratic voter, is not expected to be a major obstacle for President Biden to overcome as the incumbent prepares to seek renomination.

Senate

New York: Sen. Gillibrand’s Fundraising Ploy — The Politics1 organization and other political media sites are running with a story saying that New York Sen. Kirsten Gillibrand is telling donors that she is concerned ex-Gov. Andrew Cuomo may challenge her in next year’s Democratic primary. She sites the fact that he has $9 million remaining in his gubernatorial campaign account, which is $4 million more than she reported on her year-end Federal Election Commission financial disclosure.

Sen. Gillibrand’s play in making these statements is largely a fundraising ploy to encourage liberal donors to support her campaign.

Even if Cuomo, who was forced to resign the governorship in 2021, challenged her, he would immediately begin as an underdog. Secondly, though he still may have approximately $9 million in his state campaign account, a combination of complicated state and federal election laws may not allow a full transfer of those funds into a US Senate campaign. Therefore, the idea of a Cuomo Senate challenge, at least at this time, should largely be discounted.

Pennsylvania: Here They Go Again — A new Public Policy Polling survey (March 9-10; 616 likely Pennsylvania Republican primary voters) finds state Sen. Doug Mastriano (R-Chambersburg), the 2022 Republican gubernatorial nominee who proved non-competitive in the general election, again leading in a statewide Republican primary.

In a hypothetical US Senate nomination contest, PPP finds Sen. Mastriano topping 2022 candidate and former hedge fund CEO David McCormick and 2022 Senate candidate Kathy Barnette, 39-21-11 percent. If the race was a two-way between Mastriano and McCormick, the former would lead 42-28 percent. Should these numbers hold, such a primary result would again nullify any realistic chance Republicans have of upsetting Sen. Bob Casey Jr. (D) in November.

House

FL-25: Retired General Announces Against Rep. Wasserman Schultz — Weston City Commissioner Chris Eddy (R), a retired Air Force general and former FBI analyst, announced his candidacy for the Republican nomination with the hope of facing Rep. Debbie Wasserman Schultz (D-Weston) in the general election. He first must get past 2022 nominee Carla Spalding, however.

The 25th District is reliably Democratic – FiveThirtyEight rates the seat D+18; Dave’s Redistricting App calculates the partisan lean at 62.0D – 36.8R – which means the chances of scoring an upset here are slim. Still, Rep. Wasserman Schultz showed some weakness in the 2022 election against Spalding, winning only a 55-45 percent victory, which proved the closest of her 10 career congressional elections.

SC-1: Rep. Mace Challenger Emerges — Museum founder Michael Moore (D), a relative of Civil War figure Robert Smalls, announced that he will enter the Democratic primary to challenge two-term Rep. Nancy Mace (R-Charleston).

There is a great deal of uncertainty surrounding this race because earlier this year a South Carolina three-judge federal panel declared the 1st District an unconstitutional racial gerrymander district. This means, unless the SC ruling becomes moot when the US Supreme Court decides the related Alabama racial gerrymandering case, the district will be re-drawn.

A new version under the South Carolina judicial directive should make this seat more Democratic, but a considerable amount of time will likely elapse if and before the seat is reconfigured. Therefore, it is difficult to draw any current conclusions about the 2024 SC-1 campaign.

North Carolina Redistricting Again Front and Center: A Deeper Dive

North Carolina Congressional District Plan Court-Ordered in 2022, used for the 2022 election (click on map to go to the state’s interactive map)

By Jim Ellis — Friday, Dec. 9, 2022

Redistricting

North Carolina: Redistricting Under Scrutiny — During the past decade, no state has been forced to draw more redistricting maps than the Tar Heel State of North Carolina. Since the 2010 census, the Republican legislature and the Democratic state Supreme Court have gone back and forth over what is a partisan gerrymander or a legal district.

The North Carolina partisan gerrymandering case was heard before the US Supreme Court on Wednesday, and it is a potential landmark case — but some North Carolina state political sources suggest the arguments may go by the proverbial wayside. The high court will rule before the end of June, but before such a decision is rendered the new North Carolina legislature may draft updated redistricting plans for the US House, state Senate, and state House of Representatives. Since the current set of court maps are only interim plans, the legislature can replace them with permanent draws at any time.

One of the Republicans’ more important victories in the November election was winning a majority on the North Carolina state Supreme Court. Now, with five Republican justices and two Democrats, many in the legislature believe the time will be right to craft new redistricting maps, plans they believe will this time pass legal muster through a different and more favorable state Supreme Court.

If this occurs as described, and new maps are enacted – remember, in North Carolina, the governor has no veto power over redistricting legislation – it is possible that the action could render as moot the case before SCOTUS. If so, the issue of whether the Constitution views state legislatures as solely independent when handling redistricting could well go unanswered.

The North Carolina state Supreme Court rejected the Republican legislature’s plan again last year. Under that draw, which the court deemed a partisan gerrymander, the Republicans could have won 10 of the state’s 14 congressional districts. North Carolina was one of the states that earned a new seat in national reapportionment. Therefore, a 10-4 split would have meant a net gain of three Republican seats when compared to the previous court map upon which the 13-member NC congressional delegation had last run.

Instead, under the state Supreme Court’s draw, the new Tar Heel State delegation features seven Democrats and seven Republicans. The map awarded the new 14th District to the Charlotte area as a safe D+11 seat according to the FiveThirtyEight data organization calculation. State Sen. Jeff Jackson (D-Charlotte), who was originally a 2022 candidate for the US Senate, won the new district with an easy 58-42 percent victory.

The other seat to go Democratic was the created open 13th CD, located in the south Raleigh suburbs that stretched to include the Democratic city of Fayetteville. The court balanced the district by adding Republican Johnston County. FiveThirtyEight rated this seat R+3, but Democratic state Sen. Wiley Nickel (D-Raleigh) defeated Republican Bo Hines by a 51.6 – 48.4 percent margin.

The other major affected area that changed between the original Republican map and the state Supreme Court’s draw was the Greensboro-anchored seat of Rep. Kathy Manning (D-Greensboro). Under the Republican plan, this district would have favored a Republican candidate, and Rep. Manning would have had a difficult run for re-election. The Court altered this seat, too, thus giving Rep. Manning an even better district than the one to which she was originally elected — a 6th District seat now rated as D+9.

If the congressional map is in fact re-drawn early in the new state legislative session, we can expect these geographic areas again to be the most affected. If the Republican legislative leaders make a move to finalize permanent redistricting maps, then it might be some time before the issue of independent state legislatures relating to redistricting again comes before the high court.

Or, if SCOTUS still issues a ruling on the North Carolina case irrespective as to what the legislature does, it could force even further changes in what may again be a new Tar Heel State congressional map.

Indiana Gov. Holcomb Leaves Door Open for Senate Bid, Sen. Braun Up in Released Gov Poll; CA-22 Re-Match Already Building; NC Redistricting Case Could be Moot

By Jim Ellis — Thursday, Dec. 8, 2022

Senate

Indiana Gov. Eric Holcomb (R)

Indiana: Gov. Holcomb Leaves Door Open — Early political reports coming from the Hoosier State suggest that Gov. Eric Holcomb (R) will not pursue a 2024 US Senate bid when his tenure as governor comes to an end. Gov. Holcomb is ineligible to seek a third term.

When asked about running for the Senate this week on wishtv.com, however, Gov. Holcomb replied, “there’ll be time for me to think about the future in the future. But it would be next to irresponsible for me to take my eye off the job that I’ve got.”

This response suggests the Senate race door is not fully closed and will certainly remain an option for Holcomb as time moves forward. With universal statewide name identification and the ability to quickly raise large amounts money, Gov. Holcomb has the luxury of waiting to make a decision until he sees how an open Senate field develops. First-term Sen. Mike Braun (R) is a clearly preparing a run for governor, thus leaving his Senate seat open.

House

CA-22: Re-Match Already Building — California Rep. David Valadao (R-Hanford) is tied for representing the most Democratic seat in the country that sends a Republican to the US House. Long Island Rep-Elect Anthony D’Esposito (R-Hempstead) holds the other. The FiveThirtyEight data organization rates both Valadao’s CA-22 and Mr. D’Esposito’s NY-4 at D+10.

Despite the odds stacked against him, Rep. Valadao was able to post a 51.5 – 48.5 percent victory over state Assemblyman Rudy Salas (D-Bakersfield) in November, who was arguably the most difficult opponent Valadao faced in his five winning electoral campaigns. Yesterday, Salas, who risked his Assembly seat to run for Congress, filed a committee to seek a re-match in 2024. If he ultimately follows through and runs two years from now, this race will again become a top national Democratic conversion target.

Governor

Indiana: Sen. Braun Releases Gov Poll — Sen. Mike Braun (R) is clearly moving toward making a quick gubernatorial announcement after filing a state gubernatorial campaign committee last week. Reports suggest that Sen. Braun may make his formal declaration as early as next week. In preparation for launching a gubernatorial bid, he just released the results of an internal poll.

The study, from the Mark It Red research group (Nov. 18-22; sample size not released), finds Sen. Braun opening with a large Republican primary advantage in what will be an open race for governor. According to the survey results, Sen. Braun would lead Lt. Gov. Suzanne Crouch and venture capitalist Eric Doden, 47-10-5 percent, respectively.

States

North Carolina: Redistricting Case Could be Moot — The North Carolina partisan gerrymandering case that was heard before the US Supreme Court yesterday is a potential landmark case, but some North Carolina state political sources suggest the arguments may go by the proverbial wayside. The high court will rule before the end of June, but before that occurs, the new North Carolina legislature may draft new redistricting plans for the US House, state Senate, and state House of Representatives. Since a court map is only an interim plan, the legislature can replace it with a permanent draw at any time.

If this occurs as described, and new maps are enacted –- remember, in North Carolina, the governor has no veto power over redistricting legislation -– it is possible that the action could render the case before the Supreme Court as moot. If so, the issue of whether the Constitution views state legislatures as solely independent when handling redistricting could well go unanswered.

Sen. Warnock Wins Re-Election; Florida Sen. Scott to Seek Re-Election; Nebraska Gov. Ricketts to Apply for Senate Appointment; SCOTUS Hears Redistricting Case Today

Georgia Sen. Raphael Warnock (D) wins re-election. | Facebook photo

By Jim Ellis — Wednesday, Dec. 7, 2022

Senate

Georgia: Sen. Warnock Wins Re-Election — As predicted, Georgia Sen. Raphael Warnock (D) defeated GOP former professional football player Herschel Walker (R) last night in the Senate runoff, but the approximate 51-49 percent contest split was much closer than many prognosticators expected. The Warnock win gives the Democrats a 51-49 majority in the Senate, a net gain of one seat from the present 50-50 makeup. The outright majority will give the party at least one more vote than the Republicans on every Senate committee, and make it easier for the leadership to confirm administration appointments, including federal judges.

Turnout is one of the bigger stories, as the projected 3.6 million people voting in the runoff election is actually 200,000-plus individuals greater than those voting in the regular Senate contest back on Nov. 8. It is unprecedented for a runoff to draw more voters than a regular election, but such has apparently happened in this Peach State election.

Yesterday’s secondary election was necessitated under Georgia election law because neither Warnock nor Walker received majority support in November. Unlike in most states, an absolute majority is required to win a Georgia general election.

Sen. Warnock has now secured a full six-years in the Senate after winning the 2020 special election to fill the balance of then-Sen. Johnny Isakson’s (R) final term. Sen. Isakson resigned at the end of 2019 due to health reasons and then later passed away. Gov. Brian Kemp (R) then appointed businesswoman Kelly Loeffler (R) to fill the post until the 2020 special election of which Rev. Warnock won in that cycle’s subsequent runoff.

Florida: Sen. Rick Scott (R) to Seek Re-Election — Quelling political speculation that he would run for president in 2024, Sen. Rick Scott (R-FL) early this week made clear his intentions for the next election. Saying in a response to a question from radio host and national commentator Hugh Hewitt, Sen. Scott said, “I have no plans to run for president and I have a 100 percent plan to run for the US Senate [in 2024]. I’m running for re-election for senator from the great state of Florida.”

Speculation is also surfacing that outgoing US Rep. Stephanie Murphy (D-Winter Park) may challenge Sen. Scott. In a response to a reporter’s inquiry, Rep. Murphy didn’t close the door on such an option and pointed out that Florida is still not as “red” as the electorate voted in the 2022 election. Of the 11 Republican in-cycle seats for 2024, the Florida campaign could be the most competitive, but even here Sen. Scott must be rated a heavy early favorite for re-election.

Nebraska: Gov. Ricketts Will Apply for Senate Appointment — Nebraska junior Sen. Ben Sasse (R) has now set Jan. 8, 2023, as the date he will officially resign his elected position in order to become president of the University of Florida. Governor-elect Jim Pillen (R), who will appoint a replacement for Sen. Sasse, has asked individuals who want to be considered for the Senate appointment to apply before Dec. 23. One person who confirmed he will apply is outgoing Gov. Pete Ricketts (R).

In the open Republican gubernatorial primary back in May, Gov. Ricketts became actively involved and endorsed Pillen, a University of Nebraska Regent, over eight other Republican candidates including Trump endorsed businessman and rancher Charles Herbster. Pillen would win the Republican primary with four percentage-point margin and claimed the general election with just under 60 percent of the vote.

Though others will apply for the soon-to-be vacant Senate position, Gov. Ricketts is viewed as the clear favorite for the early January appointment. The new senator then will stand for election in 2024 to fill the unexpired portion of Sen. Sasse’s final term. The seat is next in-cycle for a full six-year term in 2026.

States

North Carolina: SCOTUS Hears Redistricting Case Today — The North Carolina partisan gerrymandering case that contains challenges to judicial authority over the redistricting process is before the US Supreme Court later today. North Carolina is challenging, among other points in the lawsuit, whether judges have the power to invalidate redistricting maps, since the US Constitution specifically gives re-mapping power to the state legislatures. While it is doubtful that the judicial panel will rule against judicial power, the legitimacy of the redistricting commissions that several states have adopted could be in question.

Along with the previously heard Alabama racial gerrymandering case, the Supreme Court is apparently prepared to issue landmark rulings on Voting Rights Act interpretation for the first time in decades. The rulings should end the inconsistent interpretations we have seen coming from various state judicial systems. Rulings on both the Alabama and North Carolina cases will be issued before the end of next June.

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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Ohio Congressional Map Tossed

The Ohio State Supreme Court invalidated the state’s newly enacted congressional map and returned the plan to the Ohio state legislature to be redrawn. The state lost a seat in reapportionment. (Map: Dave’s Redistricting App)

By Jim Ellis

Jan. 19, 2022 — The Ohio State Supreme Court, on a 4-3 vote with the Republican Chief Justice Maureen O’Connor voting with the three Democratic members, last Friday invalidated the state’s newly enacted congressional map and returned the plan to be redrawn. The decision may result in a blow to Republican hopes of re-capturing the US House majority as the Ohio draw is one of the party’s most important maps.

The high court’s action followed a similar 4-3 decision the previous day to reject the state House and Senate maps. All of the plans were invalidated for the same reason: they did not meet the competitiveness provision in the Ohio redistricting proposition that the people’s vote enacted prior to the commencement of the re-mapping process. The justices claimed the plan must better reflect the partisan statewide voting pattern, a measure that favors Republicans but not to the extent of the district ratios projected for the jettisoned maps.

The current Ohio congressional map stands at 12 Republicans and four Democrats. The state lost a seat in reapportionment, so the advisory redistricting commission members and the legislature were tasked with creating a new 15-district congressional plan.

By most accounts, the new map would have likely elected 10 Republicans and two Democrats, while featuring three politically marginal districts, those of Reps. Steve Chabot (R-Cincinnati) and Marcy Kaptur (D-Toledo) and an open seat largely created because Reps. Anthony Gonzalez (R-Rocky River) and Tim Ryan (D-Warren) are leaving their seats to retire and run for the Senate, respectively. Therefore, the state’s electoral split could have swung anywhere from 10R-5D all the way to 13R-2D.

The ruling likely creates the greatest change for two of the aforementioned members. The court specifically cited the Hamilton County draw in Rep. Chabot’s seat that attached a swath into downtown Cincinnati. This created a city attachment to Butler County, thus placing it in Rep. Warren Davidson’s (R-Troy) strongly Republican 8th District. As a result, the 1st District became more Republican for Chabot, but still left him with a swing seat at best.

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Colorado Elector’s Case
Stirs the Electoral College Pot

By Jim Ellis

Colorado Elector Michael Baca / 9NEWS

Aug. 26, 2019 — Reports came out late last week that the 10th Circuit Court of Appeals sitting in Denver ruled in favor of a former Colorado Elector, Michael Baca, who filed a constitutional lawsuit against the state. In the 2016 Electoral College vote, the Colorado Secretary of State removed Baca from the delegation after he informed state authorities that he would not vote for Hillary Clinton when the Electoral College met.

Thirty states, including Colorado, have a statutory requirement that the official electors, in Colorado’s case nine individuals, cast their vote for the presidential candidate who carried the state. In the 2016 election, Hillary Clinton carried the Centennial State over Donald Trump, 48-43 percent.

Baca was coalescing with other electors around the country, the so-called “Hamilton Electors,” who thought they could convince enough members in Trump states to vote for another candidate in order to force him below the 270 minimum electoral vote threshold. In the election, Trump’s victory states awarded him 306 electoral votes. Places like Colorado, however, that went for Clinton, would do Trump no damage if its electors did not carry through with the voters’ expressed desire, illustrating one of several ways that the “Hamilton” strategy was fundamentally flawed.

After Baca’s removal, he quickly filed his lawsuit arguing that his constitutional rights were violated because the state has no authority to bind its electors. Baca lost at the federal district level but now has won a 2-1 appellate decision before a three-judge panel.

What happens now? The 10th Circuit is in conflict with a previous Washington state Supreme Court ruling that came to the opposite conclusion. Thus, it is likely that the US Supreme Court will be petitioned though the Washington ruling, because it comes from a state court, is a lesser factor in the federal domain.

The Colorado elector legal action, like the Compact Coalition that is attempting to convince states holding a majority of electoral votes to agree to have their electors vote for the national popular vote winner regardless of how the individual state voted, is designed to eliminate the Electoral College’s power and change the US voting system to a straight popular vote.

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