December 27, 2019


Should We Soak the Rich? You Bet!



And they’ll still be loaded.

NY TIMES, Nicholas Kristof

Donald Trump promised struggling working-class voters that he heard their frustrations and would act.
He did: He pushed through a tax cut that made income inequality worse. In 2018, for the first time, the 400 richest American households paid a lower average tax rate than any other income group, according to new research by two economists.
Those billionaires paid an average total rate of 23 percent in 2018, down from the 70 percent their 1950 counterparts paid. Meanwhile, the bottom 10th of households paid an average of 26 percent, up from 16 percent in 1950.
That’s the rot in our system: Great wealth has translated into immense political power, which is then leveraged to multiply that wealth and power all over again — and also multiply the suffering of those at the bottom. This is a legal corruption that President Trump magnified but that predated him and will outlast him; this is America’s cancer.
We hear protests about “class warfare” and warnings not to try to “soak the rich.” But as Warren Buffett has observed: “There’s class warfare, all right. But it’s my class, the rich class, that’s making war, and we’re winning.”
The infuriating data on tax rates, reported a few days ago by my colleague David Leonhardt, come from a new book, “The Triumph of Injustice,” by Emmanuel Saez and Gabriel Zucman. The class warfare against struggling Americans has unfolded in many dimensions aside from tax policy — factory closings and lack of job retraining, corporate greed and irresponsibility, assaults on labor unions, stingy social welfare, mass incarceration and so on — and we’ve seen the results in rising “deaths of despair” from drugs, alcohol and suicide. America’s richest men now live almost 15 years longer than the poorest men — roughly the same gap in life expectancy as exists between the U.S. and Nigeria.
As a society, instead of playing Robin Hood to smooth out the inequities, we’ve played the Sheriff of Nottingham. Lawrence Summers, the economist and former Treasury secretary, has calculated that if we had the same income distribution today as we had in 1979, the bottom 80 percent would have about an extra $1 trillion each year and the top 1 percent would have about $1 trillion less.
Instead, each household at the top has averaged an annual bonus of more than $700,000 a year.
One of the most consequential political debates in the coming years will be whether to raise taxes on the wealthy. Representative Alexandria Ocasio-Cortez has suggested returning to a 70 percent marginal income tax rate, and both Senators Elizabeth Warren and Bernie Sanders have proposed taxes on wealth in addition to income.
Two M.I.T. economists, Abhijit V. Banerjee and Esther Duflo, demolish the traditional arguments against higher taxes on the wealthy in an incisive book coming out next month, “Good Economics for Hard Times.” While major league sports teams have salary caps that limit athletes’ pay, Banerjee and Duflo note that no one argues “that players would play harder if only they were paid a little (or a lot) more. Everybody agrees that the drive to be best is sufficient.”
Considerable evidence suggests that the same is true of C.E.O.s, and that higher tax rates don’t depress effort. In Switzerland, a shift in tax timing meant that the Swiss were not taxed for one year. This tax holiday, which they knew of in advance, turned out to have no impact on how hard people worked, Banerjee and Duflo write.
“High marginal income tax rates, applied only to very high incomes, are a perfectly sensible way to limit the explosion of top wealth inequality,” Banerjee and Duflo write.
There are legitimate concerns about tax evasion, but it would help if the I.R.S. focused its audits less on impoverished Americans claiming the earned-income tax credit and more on wealthy people with murky assets. It’s ridiculous that the county in all America with the highest audit rate is Humphreys County, Miss., which is poor, rural and three-quarters black.
As for the wealth tax, which in Warren’s version would begin at $50 million, there are legitimate concerns about how to value assets, avoid marriage penalties and enable zillionaires to pay when their wealth is illiquid. But we already have a wealth tax — the property tax — that hits widows on Social Security with an illiquid asset (the family home). If these widows can figure it out, tycoons can as well.
Even if Trump disappeared tomorrow, we would still live in a country where the top 1 percent own more than the bottom 90 percent — and where on any given night more than 100,000 children are homeless.
By raising taxes on the wealthy, we could end the lead poisoning that afflicts half a million American kids, we could provide high-quality preschool for all, we could offer treatment for all people with addictions and we could ensure that virtually all kids graduate from a decent high school and at least get a crack at college.
The wealthy would still have more money than they could ever spend: Jeff Bezos would have had $87 billion in 2018 if Warren’s wealth tax had been in place all along, rather than $160 billion, according to calculations of Saez and Zucman. But we would be, I think, a fairer and better nation.
So should we soak the rich? You bet we should.


Finland Is a Capitalist Paradise

Can high taxes be good for business? You bet.



NY TIMES

HELSINKI, Finland — Two years ago we were living in a pleasant neighborhood in Brooklyn. We were experienced professionals, enjoying a privileged life. We’d just had a baby. She was our first, and much wanted. We were United States citizens and our future as a family should have seemed bright. But we felt deeply insecure and anxious.
Our income was trickling in unreliably from temporary gigs as independent contractors. Our access to health insurance was a constant source of anxiety, as we scrambled year after year among private employer plans, exorbitant plans for freelancers, and complicated and expensive Obamacare plans. With a child, we’d soon face overwhelming day-care costs. Never mind the bankruptcy-sized bills for education ahead, whether for housing in a good public-school district or for private-school tuition. And then there’d be college. In other words, we suffered from the same stressors that are swamping more and more of Americans, even the relatively privileged.
As we contemplated all this, one of us, Anu, was offered a job back in her hometown: Helsinki, Finland.




Image
Finland, of course, is one of those Nordic countries that we hear some Americans, including President Trump, describe as unsustainable and oppressive — “socialist nanny states.” As we considered settling there, we canvassed Trevor’s family — he was raised in Arlington, Va. — and our American friends. They didn’t seem to think we’d be moving to a Soviet-style autocracy. In fact, many of them encouraged us to go. Even a venture capitalist we knew in Silicon Valley who has three children sounded envious: “I’d move to Finland in a heartbeat.”
So we went.
We’ve now been living in Finland for more than a year. The difference between our lives here and in the States has been tremendous, but perhaps not in the way many Americans might imagine. What we’ve experienced is an increase in personal freedom. Our lives are just much more manageable. To be sure, our days are still full of challenges — raising a child, helping elderly parents, juggling the demands of daily logistics and work.
But in Finland, we are automatically covered, no matter what, by taxpayer-funded universal health care that equals the United States’ in quality (despite the misleading claims you hear to the contrary), all without piles of confusing paperwork or haggling over huge bills. Our child attends a fabulous, highly professional and ethnically diverse public day-care center that amazes us with its enrichment activities and professionalism. The price? About $300 a month — the maximum for public day care, because in Finland day-care fees are subsidized for all families.
And if we stay here, our daughter will be able to attend one of the world’s best K-12 education systems at no cost to us, regardless of the neighborhood we live in. College would also be tuition free. If we have another child, we will automatically get paid parental leave, funded largely through taxes, for nearly a year, which can be shared between parents. Annual paid vacations here of four, five or even six weeks are also the norm.




Image
Compared with our life in the United States, this is fantastic. Nevertheless, to many people in America, the Finnish system may still conjure impressions of dysfunction and authoritarianism. Yet Finnish citizens report extraordinarily high levels of life satisfaction; the Organization for Economic Cooperation and Development ranked them highest in the world, followed by Norwegians, Danes, Swiss and Icelanders. This year, the World Happiness Report also announced Finland to be the happiest country on earth, for the second year in a row.
But surely, many in the United States will conclude, Finnish citizens and businesses must be paying a steep price in lost freedoms, opportunity and wealth. Yes, Finland faces its own economic challenges, and Finns are notorious complainers whenever anything goes wrong. But under its current system, Finland has become one of the world’s wealthiest societies, and like the other Nordic countries, it is home to many hugely successful global companies.
In fact, a recent report by the chairman of market and investment strategy for J.P. Morgan Asset Management came to a surprising conclusion: The Nordic region is not only “just as business-friendly as the U.S.” but also better on key free-market indexes, including greater protection of private property, less impact on competition from government controls and more openness to trade and capital flows. According to the World Bank, doing business in Denmark and Norway is actually easier overall than it is in the United States.
Finland also has high levels of economic mobility across generations. A 2018 World Bank report revealed that children in Finland have a much better chance of escaping the economic class of their parents and pursuing their own success than do children in the United States.
Finally, and perhaps most shockingly, the nonpartisan watchdog group Freedom House has determined that citizens of Finland actually enjoy higher levels of personal and political freedom, and more secure political rights, than citizens of the United States.
What to make of all this? For starters, politicians in the United States might want to think twice about calling the Nordics “socialist.” From our perch, the term seems to have more currency on the other side of the Atlantic than it does here.
In the United States, Senator Bernie Sanders and Representative Alexandria Ocasio-Cortez are often demonized as dangerous radicals. In Finland, many of their policy ideas would seem normal — and not particularly socialist.
When Mr. Sanders ran for president in 2016, what surprised our Finnish friends was that the United States, a country with so much wealth and successful capitalist enterprise, had not already set up some sort of universal public health care program and access to tuition-free college. Such programs tend to be seen by Nordic people as the bare basics required for any business-friendly nation to compete in the 21st century.




Image
Image
Even more peculiar is that in Finland, you don’t really see the kind of socialist movement that has been gaining popularity in some of the more radical fringes of the left in America, especially around goals such as curtailing free markets and even nationalizing the means of production. The irony is that if you championed socialism like this in Finland, you’d get few takers.
So what could explain this — the weird fact that actual socialism seems so much more popular in the capitalist United States than in supposedly socialist Finland?
A socialist revolution was attempted once in Finland. But that was more than a hundred years ago. Finland was in the process of industrializing when the Russian empire collapsed and Finland gained independence. Finnish urban and rural workers and tenant farmers, fed up with their miserable working conditions, rose up in rebellion. The response from Finland’s capitalists, conservative landowners and members of the middle and upper class was swift and violent. Civil war broke out and mass murder followed. After months of fighting, the capitalists and conservatives crushed the socialist uprising. More than 35,000 people lay dead. Traumatized and impoverished, Finns spent decades trying to recover and rebuild.




Image
So what became of socialism in Finland after that? According to a prominent Finnish political historian, Pauli Kettunen of the University of Helsinki, after the civil war Finnish employers promoted the ideal of “an independent freeholder farmer and his individual will to work” and successfully used this idea of heroic individualism to weaken worker unions. Although socialists returned to playing a role in Finnish politics, during the first half of the 20th century, Finland prevented socialism from becoming a revolutionary force — and did so in a way that sounds downright American.
Finland fell into another bloody conflict as it fought off, at great cost, the Communist Soviet Union next door during World War II. After the war, worker unions gained strength, bringing back socialist sympathies as the country entered a more industrial and international era. This is when Finnish history took an unexpected turn.
Finnish employers had become painfully aware of the threats socialism continued to pose to capitalism. They also found themselves under increasing pressure from politicians representing the needs of workers. Wanting to avoid further conflicts, and to protect their private property and new industries, Finnish capitalists changed tactics. Instead of exploiting workers and trying to keep them down, after World War II, Finland’s capitalists cooperated with government to map out long-term strategies and discussed these plans with unions to get workers onboard.
More astonishingly, Finnish capitalists also realized that it would be in their own long-term interests to accept steep progressive tax hikes. The taxes would help pay for new government programs to keep workers healthy and productive — and this would build a more beneficial labor market. These programs became the universal taxpayer-funded services of Finland today, including public health care, public day care and education, paid parental leaves, unemployment insurance and the like.




Image
If these moves by Finnish capitalists sound hard to imagine, it’s because people in the United States have been peddled a myth that universal government programs like these can’t coexist with profitable private-sector businesses and robust economic growth. As if to reinforce the impossibility of such synergies, last fall the Trump administration released a peculiar report arguing that “socialism” had negatively affected Nordic living standards.
However, a 2006 study by the Finnish researchers Markus Jantti, Juho Saari and Juhana Vartiainen demonstrates the opposite. First, throughout the 20th century Finland remained — and remains to this day — a country and an economy committed to markets, private businesses and capitalism.
Even more intriguing, these scholars demonstrate that Finland’s capitalist growth and dynamism have been helped, not hurt, by the nation’s commitment to providing generous and universal public services that support basic human well-being. These services have buffered and absorbed the risks and dislocations caused by capitalist innovation.
With Finland’s stable foundation for growth and disruption, its small but dynamic free-market economy has punched far above its weight. Some of the country’s most notable businesses have included the world’s largest mobile phone company, one of the world’s largest elevator manufacturers and two of the world’s most successful mobile gaming companiesVisit Finland today and it’s obvious that the much-heralded quality of life is taking place within a bustling economy of upscale shopping malls, fancy cars and internationally competitive private companies.




Image
The other Nordic countries have been practicing this form of capitalism even longer than Finland, with even more success. As early as the 1930s, according to Pauli Kettunen, employers across the Nordic region watched the disaster of the Great Depression unfold. For enough of them the lesson was clear: The smart choice was to compromise and pursue the Nordic approach to capitalism.
The Nordic countries are all different from one another, and all have their faults, foibles, unique histories and civic disagreements. Contentious battles between strong unions and employers help keep the system in balance. Often it gets messy: Just this week, the Finnish prime minister resigned amid a labor dispute.
But the Nordic nations as a whole, including a majority of their business elites, have arrived at a simple formula: Capitalism works better if employees get paid decent wages and are supported by high-quality, democratically accountable public services that enable everyone to live healthy, dignified lives and to enjoy real equality of opportunity for themselves and their children. For us, that has meant an increase in our personal freedoms and our political rights — not the other way around.
Yes, this requires capitalists and corporations to pay fairer wages and more taxes than their American counterparts currently do. Nordic citizens generally pay more taxes, too. And yes, this might sound scandalous in the United States, where business leaders and economists perpetually warn that tax increases would slow growth and reduce incentives to invest.
Here’s the funny thing, though: Over the past 50 years, if you had invested in a basket of Nordic equities, you would have earned a higher annual real return than the American stock market during the same half-century, according to global equities data published by Credit Suisse.
Nordic capitalists are not dumb. They know that they will still earn very handsome financial returns even after paying their taxes. They keep enough of their profits to live in luxury, wield influence and acquire social status. There are several dozen Nordic billionaires. Nordic citizens are not dumb, either. If you’re a member of the robust middle class in Finland, you generally get a better overall deal for your combined taxes and personal expenditures, as well as higher-quality outcomes, than your American counterparts — and with far less hassle.
Why would the wealthy in Nordic countries go along with this? Some Nordic capitalists actually believe in equality of opportunity and recognize the value of a society that invests in all of its people. But there is a more prosaic reason, too: Paying taxes is a convenient way for capitalists to outsource to the government the work of keeping workers healthy and educated.




Image
While companies in the United States struggle to administer health plans and to find workers who are sufficiently educated, Nordic societies have demanded that their governments provide high-quality public services for all citizens. This liberates businesses to focus on what they do best: business. It’s convenient for everyone else, too. All Finnish residents, including manual laborers, legal immigrants, well-paid managers and wealthy families, benefit hugely from the same Finnish single-payer health care system and world-class public schools.
There’s a big lesson here: When capitalists perceive government as a logistical ally rather than an ideological foe and when all citizens have a stake in high-quality public institutions, it’s amazing how well government can get things done.
Ultimately, when we mislabel what goes on in Nordic nations as socialism, we blind ourselves to what the Nordic region really is: a laboratory where capitalists invest in long-term stability and human flourishing while maintaining healthy profits.
Capitalists in the United States have taken a different path. They’ve slashed taxes, weakened government, crushed unions and privatized essential services in the pursuit of excess profits. All of this leaves workers painfully vulnerable to capitalism’s dynamic disruptions. Even well-positioned Americans now struggle under debilitating pressures, and a majority inhabit a treacherous Wild West where poverty, homelessness, medical bankruptcy, addiction and incarceration can be just a bit of bad luck away. Americans are told that this is freedom and that it is the most heroic way to live. It’s the same message Finns were fed a century ago.
But is this approach the most effective or even the most profitable way for capitalists in the United States to do business? It should come as no surprise that resentment and fear have become rampant in the United States, and that President Trump got elected on a promise to turn the clock backward on globalization. Nor is it surprising that American workers are fighting back; the number of workers involved in strikes last year in the United States was the highest since the 1980s, and this year’s General Motors strike was the company’s longest in nearly 50 years. Nor should it surprise anyone that fully half of the rising generation of Americans, aged 18 to 29, according to Gallup polling, have a positive view of socialism.




Image
Image
The prospect of a future full of socialists seems finally to be getting the attention of some American business leaders. For years the venture capitalist Nick Hanauer has been warning his “fellow zillionaires” that “the pitchforks are coming for us.” Warren Buffett has been calling for higher taxes on the rich, and this year the hedge-fund billionaire Ray Dalio admitted that “capitalism basically is not working for the majority of people.” Peter Georgescu, chairman emeritus of Young & Rubicam, has put it perhaps most succinctly: He sees capitalism “slowly committing suicide.”In recent months such concerns have spread throughout the capitalist establishment. The Financial Times rocked its business-friendly readership with a high-profile series admitting that capitalism has indeed become “rigged” and that it desperately needs a “reset,” to restore truly free markets and bring back real opportunity. Leading captains of finance and industry in the United States rocked the business world, too, with a joint declaration from the Business Roundtable that they will now prioritize not only profits but also “employees, customers, shareholders and the communities.” They are calling this “stakeholder capitalism.”
If these titans of industry are serious about finding a more sustainable approach, there’s no need to reinvent the wheel. They can simply consult their Nordic counterparts. If they do, they might realize that the success of Nordic capitalism is not due to businesses doing more to help communities. In a way, it’s the opposite: Nordic capitalists do less. What Nordic businesses do is focus on business — including good-faith negotiations with their unions — while letting citizens vote for politicians who use government to deliver a set of robust universal public services.




Image
This, in fact, may be closer to what a majority of people in the United States actually want, at least according to a poll released by the Pew Research Center this year. Respondents said that the American government should spend more on health care and education, for example, to improve the quality of life for future generations.
But the poll also revealed that Americans feel deeply pessimistic about the nation’s future and fear that worse political conflict is coming. Some military analysts and historians agree and put the odds of a civil war breaking out in the United States frighteningly high.
Right now might be an opportune moment for American capitalists to pause and ask themselves what kind of long-term cost-benefit calculation makes the most sense. Business leaders focused on the long game could do a lot worse than starting with a fact-finding trip to Finland.
Here in Helsinki, our family is facing our second Nordic winter and the notorious darkness it brings. Our Finnish friends keep asking how we handled the first one and whether we can survive another. Our answer is always the same. As we push our 2-year-old daughter in her stroller through the dismal, icy streets to her wonderful, affordable day-care center or to our friendly, professional and completely free pediatric health center, before heading to work in an innovative economy where a vast majority of people have a decent quality of life, the winter doesn’t matter one bit. It can actually make you happy.




Image
Anu Partanen is the author of “The Nordic Theory of Everything: In Search of a Better Life” and a senior adviser at Nordic West Office, a Helsinki-based consultancy. Trevor Corson is the author of two books and most recently taught American studies and writing at Columbia University.

December 26, 2019

December 25, 2019


Me





LITERARY HUB

The Five: The Untold Lives of the Women Killed by Jack the Ripper





LITERARY HUB


Say Nothing: A True Story of Murder and Memory in Northern Ireland




LITERARY HUB

The Nickel Boys





LITERARY HUB

December 24, 2019


1 in every 4 circuit court judges is now a Trump appointee.






WASHINGTON POST



After three years in office, President Trump has remade the federal judiciary, ensuring a conservative tilt for decades and cementing his legacy no matter the outcome of November’s election.
Trump nominees make up 1 in 4 U.S. circuit court judges. Two of his picks sit on the Supreme Court. And this past week, as the House voted to impeach the president, the Republican-led Senate confirmed an additional 13 district court judges.


In total, Trump has installed 187 judges to the federal bench.
Trump’s mark on the judiciary is already having far-reaching effects on legislation and liberal priorities. Just last week, the 5th Circuit struck down a core provision of the Affordable Care Act. One of the two appellate judges who ruled against the landmark law was a Trump appointee.
The Supreme Court — where two of the nine justices are conservatives selected by Trump — could eventually hear that case.


Trump hails the appointment of over 150 federal judges as a major achievement for Republicans
On Nov. 6, President Trump spoke at a ceremony to celebrate the confirmation of more than 150 federal judges since he came to office. (The Washington Post)
The 13 circuit courts are the second most powerful in the nation, serving as a last stop for appeals on lower court rulings, unless the case is taken up by the Supreme Court. So far, Trump has appointed 50 judges to circuit court benches. Comparatively, by this point in President Obama’s first term, he had confirmed 25. At the end of his eight years, he had appointed 55 circuit judges.
Trump’s appointments have flipped three circuit courts to majority GOP-appointed judges, including the U.S. Court of Appeals for the 2nd Circuit in New York. The president has also selected younger conservatives for these lifetime appointments, ensuring his impact is felt for many years.
The executor of this aggressive push is Senate Majority Leader Mitch McConnell (R-Ky.), who is almost singularly focused on reshaping the federal judiciary, twice ramming through Senate rule changes to speed up confirmations over Democrats’ objections.
“Leave no vacancy behind” is his mantra, McConnell has stated publicly. With a 53-to-47 Senate majority, he has been able to fill openings at breakneck speed.
That philosophy did not seem to apply in 2016, when McConnell refused to allow Supreme Court nominee Merrick Garland, Obama’s choice to replace the late justice Antonin Scalia, a confirmation hearing, let alone a vote.
McConnell insisted on waiting until after the 2016 election, a gamble that paid off when Trump beat Democrat Hillary Clinton. Trump appointed conservative Justice Neil M. Gorsuch for that seat.
McConnell has repeatedly described blocking Garland as one of his greatest achievements.
Before leaving town for the holidays, Senate Republicans hailed McConnell’s success.
“You didn’t think @senate­majldr would leave town without confirming more judges, did you?” the Senate Republican Communications Center tweeted Friday, with a breakdown of the number of judges confirmed since 2017. “. . . Merry Christmas, America.”
While Trump has wavered on some conservative policies during his tenure, he has reliably appointed judges in line with conservative ideology.
“I’ve always heard, actually, that when you become President, the most — single most important thing you can do is federal judges,” Trump said at a White House event in November celebrating his “federal judicial confirmation milestones.”
The three circuit courts that have flipped to Republican majorities this year have the potential to not only change policy but also benefit Trump professionally and politically.
The 2nd Circuit, with its new right-leaning majority, will decide whether to rehear a case challenging Trump’s ability to block critics on Twitter, as well as one regarding Trump’s businesses profiting while he’s in office. The 11th Circuit, which handles appeals from Georgia, Florida and Alabama, is set to take up several voting rights cases.
Trump has facetiously thanked Obama for leaving him so many judicial vacancies.
“Now, President Obama was very nice to us. He gave us 142 empty positions. That’s never happened before,” Trump said in the Oval Office on Thursday. “But, as you know, that’s said to be the most important thing that a President has.”
When Fox News host Sean Hannity made a similar remark while interviewing McConnell on his show recently, the majority leader made clear that Obama didn’t leave those vacancies intentionally.
“I’ll tell you why. I was in charge of what we did the last two years of the Obama administration,” McConnell said, laughing.
“I will give you full credit for that, and by the way, take a bow,” Hannity responded.
In April, McConnell limited debate on Trump nominees from 30 hours to two hours, which has allowed him to push through judges at warp speed. Before that, McConnell did away with “blue slips,” which allowed senators to contest judicial nominees from their home states.
Republicans say Democrats started this trend when then-Majority Leader Harry M. Reid (D-Nev.) eliminated the filibuster for most nominees in 2013, a tool the minority party could use to block or delay a confirmation. When the Democrats lost the Senate in 2014, McConnell gained the power to stall Obama nominees, leaving Trump with plenty of vacancies.
The fast clip of judicial confirmations has no doubt shifted the courts rightward, said Russell Wheeler, a judicial branch expert at the Brookings Institution, calling it “a significant impact but not a revolutionary impact.”
At least not yet. Two-thirds of the 50 circuit court judge slots filled with Trump appointees were previously held by other Republican-appointed judges.
There is only one circuit court vacancy left for Trump to fill, but more could open up next year. And if Trump wins in November, there will certainly be vacancies in his second term. There’s also the potential for additional openings on the Supreme Court. Ruth Bader Ginsburg, appointed by President Bill Clinton in 1993, is 86 and has had health problems. Justice Stephen G. Breyer, another Clinton pick, is also over 80.
Chris Kang, chief counsel of Demand Justice, a group that supports liberal judicial nominees, wants Democrats to recognize just how high the stakes are for 2020.
“Republicans have been using the courts to achieve policy priorities that they couldn’t achieve through the democratically elected legislative branch of government,” Kang said. “These federal judges serve for life; that’s a point we take for granted, but not a way a lot of Americans understand it. Trump’s imprint on this country will be felt for decades through his courts.”
Democrats have long been reluctant to talk about the courts in a political way, Kang said. But, with Republicans choosing judges with far-right ideologies, liberals can’t “cling to romantic notions of our courts as impartial,” he added. “That’s not the reality and not how Republicans see it.”
The issue came up at last week’s Democratic presidential debate, when Sen. Amy Klobuchar (Minn.) was asked whether Trump’s appointees would make it harder for her as president to enact her agenda.
Though she didn’t answer that question directly, she said the next Democratic president will “have to immediately start putting judges on the bench to fill vacancies so that we can reverse the horrific nature of these Trump judges.”
Wheeler worries that the polarization of appointments will cause the judiciary to lose public trust, similar to what has happened with other institutions.
“We could be in for a situation if we have a rock-hard conservative majority on the Court of Appeals and the Supreme Court overturning a lot of decisions by a [future] Democratic president and Congress — you could be in for a situation where the courts’ legitimacy is called into question,” he said.

December 23, 2019


2019: The Year of Stability

Big events of the year, including impeachment, don’t materially change the odds in races for president, Congress

LARRY SABATO

— Impeachment is an unusual occurrence marked by usual partisanship. It is hard to argue that it has dramatically altered perceptions of the president.
— Overall, our outlook for the races for president and for Congress are pretty similar to what they were at the start of the year.

Impeachment, and a year in review

The House of Representatives made history Wednesday, impeaching a president for just the third time. It made for an occasion that was both momentous and monotonous. Momentous in that Donald J. Trump appears likely to be the first impeached president who will nonetheless appear on general election ballots after that happened, creating a truly unprecedented American political situation, and monotonous in that a predictable, almost entirely party-line vote sets up a Senate trial where the result (acquittal) seems preordained.
In other words, the specific circumstances of impeachment and what led to it are remarkable, but the reaction by the nation’s political actors is routine.
This is, ultimately, the Trump presidency in a nutshell. As we head into the fourth year of his presidency, the year where voters are poised to cast the verdict on his first term, stability is the watchword. The most important overall number in determining Trump’s odds for next year is his approval rating (the individual candidate head to heads matter later, but it’s still early to obsess over them). Based on the RealClearPolitics and FiveThirtyEight polling averages, Trump’s approval has been consistently in the low-to-mid 40s for essentially the entirety of Trump’s presidency. That is bad, though not fatal.
Impeachment has not markedly changed the president’s approval rating one way or the other; the most recent surveys, actually, have been slightly better for him than usual, but are still within the aforementioned range we’re accustomed to. Public opinion on impeachment itself is divided and largely stable, although some recent surveys have shown a slight improvement in the president’s position.
Just to illustrate the stability, we thought we’d use our last issue of the year to look back on our initial assessments for president, Senate, and House, and see how they’ve changed over the course of this off-year.

President

Initial Electoral College assessment: Feb. 28, 2019
With an approval rating in the low-to-mid 40s — and, perhaps more importantly, a disapproval rating consistently over 50% — it would be easy to say that President Trump is an underdog for reelection. The president won only narrowly in 2016 and did so while losing the national popular vote, making his national coalition precarious. He has done little to appeal to people who did not vote for him, and a Democrat who can consolidate the votes of Trump disapprovers should be able to oust him unless the president can improve his approval numbers in a way he has demonstrably failed to do in the first half of his term.
At the same time, the president’s base-first strategy could again deliver him the White House, thanks in large part to his strength in the nation’s one remaining true swing region, the Midwest. He’s an incumbent, and incumbents are historically harder to defeat (although it may be that incumbency means less up and down the ticket in an era defined by party polarization).
We could’ve written the exact same thing today and not had to change a single word.
Our initial ratings had 248 electoral votes at least leaning to the Republican nominee (Trump, almost certainly), 244 electoral votes at least leaning to the Democratic nominee, and 46 Toss-ups. Since then, we’ve made only one significant change, pushing Hillary Clinton’s most narrow 2016 victory, New Hampshire, from Toss-up to Leans Democratic, leaving a 248-248 split with just 42 electoral votes’ worth of Toss-ups (Arizona, Pennsylvania, Wisconsin, and Nebraska’s Second Congressional District).
The 2020 race still looks like a 50-50 proposition to us.
As for the Democratic nomination race, it is still very much in flux, although polling leader Joe Biden has proven to be durable despite his problems. We looked at Biden’s standing and the Democratic primary race in detail a couple of weeks ago.
If anything significant has changed, it may be that the threat of an election-year recession — which would seriously hamper Trump’s reelection chances, at least based on history — appears to have abated. The U.S. economy is steaming ahead with low unemployment, and modest wage growth is balanced by low inflation. Even if one grants that the benefits from economic growth are often unevenly felt, this is a positive backdrop for Trump. A normal president who avoids unnecessary disputes might well be cruising to reelection. However, almost no one would call Trump normal on this score. Yet his eccentricities may not blot out the helpful effects of a robust economy, and Democrats will only make their disadvantage worse by ignoring this reality or conducting a divisive, scarring nomination contest (or choosing a weak nominee).

Map 1: Crystal Ball Electoral College ratings

The Senate

Initial ratings: Dec. 13, 2018
Overall, in order to win the Senate, Democrats probably will need to win Arizona and Colorado as well as at least a couple of the Leans Republican states: Georgia, Iowa, Maine, or North Carolina. That these crucial states begin with Republicans as small favorites points to a larger overall assessment: the GOP starts this cycle favored to hold the Senate. However, there is a plausible path for Democrats, particularly if a Democrat wins the presidency and provides some down-ballot coattails.
One striking thing about the Senate picture is that, of the races we think are the most competitive, there is not a single open seat among them. We rate 10 Senate races as either Toss-ups or leaning one way or the other, and all are slated to feature an incumbent running for reelection; that includes two appointed senators, Martha McSally (R-AZ) as well as Kelly Loeffler (R-GA), the latter of whom will take office early next year. On Wednesday, Sen. Susan Collins (R-ME) confirmed that she is running for reelection.
Retirements can dramatically shift the odds in a given race, but the lack of them in the top Senate races has kept the overall battle for the chamber in relative stasis.
The likeliest seat to flip remains Alabama, where Sen. Doug Jones (D-AL) is an underdog in a red state, while most of the other truly competitive races are Republican-held. The looming resignation of Sen. Johnny Isakson (R-GA) does give the Democrats an additional target that they did not possess at the start of the year, although neither seat in Georgia is a top-tier one, in our judgment.
Since our initial assessment, we did move North Carolina to the ranks of the Toss-ups, although Democratic odds are likely better in their other two Toss-up targets, Arizona and Colorado. Sen. Thom Tillis (R-NC) has gotten some good news over the past several weeks: his one-time primary challenger, businessman Garland Tucker (R), left the race, and Rep. Mark Walker (R, NC-6) opted to retire in the face of redistricting instead of enter the primary, which means Tillis can turn his attention to the general election now. The true vulnerability of Republicans in the Leans Republican column, namely Collins and Joni Ernst (R-IA), remains something of a question mark, although each very well could be pushed hard next year. Collins, in particular, seems to face a no-win situation on impeachment: A vote to acquit will further nationalize her and imperil her longstanding crossover appeal (after her vote to confirm Brett Kavanaugh for a Supreme Court seat already nationalized her to a great degree last year), while a vote to convict will soften her with Republicans. Without defeating at least one of Collins or Ernst, the Democratic path to a majority is likely blocked.
Our best guess at this point would be for something like a net Democratic gain of a seat, short of the three net seats Democrats need to forge a 50-50 tie. So we still favor the Republicans overall in the battle for the Senate, but the Democrats have enough targets to win control.

Map 2: Crystal Ball Senate ratings

The House

Initial ratings: Jan. 17, 2019
Even if President Donald Trump is renominated and reelected to a second term in the White House, it is not at all clear from history that his reelection would provide sufficient coattails to net the minimum needed gain of 18 Republican House seats. Indeed, the last five reelected presidents saw their parties fall short of that net total in their election years, and the House hasn’t switched from one party to the other and then back again in consecutive elections since 1952-1954… If Trump (or another Republican) does not win the presidency, it’s almost impossible to imagine the Republicans simultaneously losing the White House but gaining the House majority.
Right now, we don’t see either side as clearly favored to win the White House, meaning that we’re looking at the race for the presidency as something of a Toss-up to start. And if winning the White House is a necessary but not sufficient requirement for Republicans to win the House — which we basically think it is — then the GOP’s odds of winning the House are, by definition, less than 50%, because holding the presidency alone probably is not enough for them to win the House.
While there has been a considerable amount of churn in the House over the past year, this overall assessment also still stands. The Republicans have a path to a House majority, but the Democrats are bolstered by history: Party changes in the House usually occur in midterms, not presidential elections. Democrats, on balance, also have been helped by several developments over the past year. Retirements have hit Republicans harder than Democrats, creating more offensive opportunities for the majority party, and a court-ordered redistricting in North Carolina should easily net the Democrats a couple of extra seats.
Still, Republicans should bolster their ranks thanks to Rep. Jeff Van Drew’s (NJ-2) apparent party switch from Democratic to Republican, and the impeachment vote may allow Republicans to more easily nationalize Democratic House incumbents in districts that Trump carried. Following Van Drew’s imminent switch to the Republicans, and the creation of those two new Clinton-won seats in North Carolina that Democrats will carry, there are now 35 House members who hold districts won by the other party’s presidential candidate: 30 Democrats in Trump-won districts and five Republicans in Clinton-won seats (the full list is available on our House ratings page). There is a single independent, impeachment-backing Rep. Justin Amash (I, MI-3), who now sits in a Toss-up, Trump-won district.
The Republican path to winning the House largely goes through those 30 districts. While we don’t list any single Democratic House incumbent as a clear underdog in his or her race, the Republicans are going to beat some of these Trump-district incumbents. Impeachment may make that job easier for the GOP.
Overall, the House math is as follows. We currently list 225 House seats at least leaning to the Democrats, 192 at least leaning Republican, and 18 Toss-ups. Splitting the Toss-ups nine to nine would give the GOP a net seat of one; they need to net 18 seats to win the House. So we still see the Democrats as favorites in the House. However, there are enough Republican targets among the Trump-won seats held by Democrats, and among the marginal Clinton-won seats, where a parliamentary-style election in which incumbents don’t have much of an advantage and Trump is reelected provides a possible template for a GOP comeback in the House.

Table 1: Crystal Ball House ratings

Note: *Represents members who have changed parties. Rep. Jeff Van Drew (NJ-2) is poised to switch from Democratic to Republican, and Rep. Justin Amash (I, MI-3) switched from Republican to independent. Red districts listed in the Democratic column indicate the Democrats are favored to win those districts; blue districts listed in the Republican column indicate the Republicans are favored to win those districts.

Conclusion

This is all a long way of saying that despite all of the big political events of the past year, the overall political picture for November 2020 has not changed all that much. The presidential race remains in flux, and the two parties — Republicans in the Senate, Democrats in the House — retain various advantages as they seek to maintain their respective congressional majorities.
2019 was a lot of things, but game-changing — from a political standpoint — it was not.