Watching the Results #4

10:15 PM: I think we’re about set for the night. A pretty solid night for the Democrats. Looks like they hold the Virginia Senate and retake the House of Delegates. Bad night for Youngkin. Abortion referendum and pot legalization referendum both win in Ohio. Huge D wins in New Jersey. Gov Beshear wins and wins big in Kentucky. There are other races but that really tells the story. Solid Dem night. In general tonight seems to be continuing what had been a trend of special elections with Democratic over-performance. But there’s different kinds of over-performance. There’s over-performance against 2020, against current polls, against expectations. So we’ll have to sort all that out in the coming days.

9:48 PM: It seems like rather than Youngkin getting unified control Democrats are on track to reclaim the state assembly.

Watching the Results #3

9:42 PM: The abortion referendum in Ohio is definitely going to win. It’s been called. It’s currently at about a 10 point spread and I’ve seen some saying this is a slight underperformance against expectations. But just looking at the big urban counties it seems like there are a lot pro-abortion votes still out there. This is me eyeballing the counties myself rather than cribbing from some smarter person. But it seems like that percentage should go higher.

9:36 PM: Check out this little update at 538 about Democratic turnout advantage in Ohio.

9:25 PM: Just to make this official: The Ohio state constitution will now guarantee abortion rights and other reproductive rights.

9:19 PM: Also, doing my best to avoid typos tonight. But I’m flying solo tonight and eyeballs deep in numbers. So more difficult than usual. Appreciate the congrats.

9:18 PM: Definitely seems possible that Democrats recapture the Virginia Assembly, thus sending the battleship of Youngkinism to a watery grave.

9:12 PM: I’ll restate the point I made below. You’ve got this pretty bad poll out tonight for Biden. Trump four points ahead of him according to CNN. But Democrats are having somewhere between a decent and strong night. That’s not what you’d expect if that poll is accurate. I’m not saying the poll is wrong, as in technically flawed. But is it predictive? Or is it that we’re in a strong Democratic environment but Joe Biden himself is just wildly unpopular and so is losing to Trump? I’ll try to discuss this tomorrow. But there are decent arguments for both interpretations. And for the first interpretation the argument would be that a lot of Democratic voters are expressing dissatisfaction with Biden in these polls but when it actually comes time to vote will tend to come home for him.

8:58 PM: Another key question. There’s been this idea out there that Democrats have only been over-performing in special elections because they’re super low turnout contests. But tonight’s numbers really put that in doubt. The trend seems to be continuing. Some of that is relative to Joe Biden in 2020. But some of it is relative to expectations. And “expectations” requires some explanation. Democrats are generally having a pretty good night tonight. But it’s hard to get a handle on the battle for a state legislature since there’s so little race by race polling. A lot of it is conventional wisdom and vibes. Those seem to have at least slightly overstated Republican chances. We still need more results and I still need to look at more races. My sense is largely impressionistic so far. But at least so far it really seems like we continue to be in a post-Dobbs electoral environment in which Dems tend to out-perform recent benchmarks. Just keep it in mind.

8:46 PM: Just to connect the dots, with these results there will no be an abortion ban in Virginia. Youngkin needed a trifecta. He’s not going to get it.

8:40 PM: Things are looking pretty good for Dems in the Virginia Senate. Having a hard time keeping track of all the different races. But the ones that are showing are good for Dems.

Watching the Results #2

8:15 PM: Early but the abortion rights referendum in Ohio certainly looks like it’s on its way to victory. We’ve expected this to win. So that’s not a surprise. And we still need to see more. But looks like it’s going to win.

8:09 PM: There’s another poll out tonight to send Democrats swooning. CNN has Trump 49% to Biden 45%. Yet Democrats seem to be doing at least fairly well tonight. So polls vs. results. What’s also interesting is that that pattern of Dems overperforming polls seems to be continuing. So the idea that it’s just extremely low turnout elections where Dems do well with voters who also turn out doesn’t seem right. That CNN poll … yikes! But again, we need to look at the overall picture.

8:05 PM: Earlier I said that Kentucky was “widely called” for Andy Beshear. I should have been more clear that it’s the more niche watchers I follow, people like Dave Wasserman, Split Ticket etc. But it seems like many networks haven’t called it yet. I’m quite confident of those calls. But just to be clear the networks may be holding off.

7:46 PM: As we’re waiting for more results, here’s something to keep an eye on tonight and going forward. As we know, Donald Trump heavily partisanized early voting. True Republicans voted on election day. But over the last three years Republicans have increasingly decided (correctly) that this is incredibly stupid when it comes to anything but sustaining the myth of the rigged 2020 election. So they’ve started telling Republican partisans to forget all that and start voting early. While early and same day voting will likely continue to have a clear partisan split it will be getting smaller over time.

7:37 PM: Race widely called for Andy Beshear now. Not close.

‘Trust Us’ As We Lead You Off A Cliff

Since House Speaker Mike Johnson (R-LA) first emerged on the national scene late on a Tuesday night two weeks ago, he’s given the unprecedentedly dysfunctional House Republican caucus a green screen to project its faux unity and claims of functionality upon.

Continue reading “‘Trust Us’ As We Lead You Off A Cliff”

Watching the Results

7:17 PM: Continuing to see the strong Beshearmentum. As I said, he’s his own brand in Kentucky. So that doesn’t tell us a huge amount about the national environment but certainly better than him doing poorly. And yes, if he were doing poorly it would be treated as a sign of the Dempocalypse. But just trying to keep it real here.

7:07 PM: Looking very solid for Andy Beshear in Kentucky.

7:01 PM: Continuing to see good signs for Beshear. Still too early for people to be confident about the result. But the benchmarks all seem to be pointing to Beshear. The bad thing for Democrats is that in Kentucky there are Republicans, Democrats and Andy Beshear. He’s really his own brand.

6:55 PM: I’ve mentioned it many times. But my go to for election nights is my numbers analysts Twitter list which you can find here.

6:48 PM: Over the last few years Nate Silver has really leak his idiosyncratic, contrarian flag fly. But whatever Nate’s current opinions, 538 legitimate spurred a generation of young data analysts who’ve revolutionized the kind of data and analysis you can get on election nights – and the months and years between elections. Some of them started at 538 and have fanned out to other organizations. One of these is a small outfit called Split Ticket. I don’t know too much about their inner workings. But they’re really good. Tonight they’re doing a livecast that I’m watching on Twitter. You can see it here. Literally four guys and a spreadsheet. Really good. (7:18 PM: And yes, hardcore election nerd stuff. But I’m here for it. And maybe you are too.)

6:37 PM: Not much to report so far. Some decent early signs for Andy Beshear in Kentucky. But just hints. Exits look good for the abortion referendum in Ohio. But we expected that. And remember: exit polls get revised. So don’t put too much stock in any exits.

Fifth Circuit Panel Hostile To Abortion Mulls Another Sweeping Injunction From A Trump Judge

From using anti-abortion rhetoric including “unborn children” and “life of the mother” to accusing the government of turning a “patient dumping” prohibition into an “abortion statute,” Fifth Circuit Court of Appeals judges in oral arguments Tuesday made no effort to mask their hostility to abortion.

Continue reading “Fifth Circuit Panel Hostile To Abortion Mulls Another Sweeping Injunction From A Trump Judge”

A Brief Note on Tonight’s Elections

As you know there are key elections today across the country. The ones we’re following most closely are the constitutional amendment guaranteeing abortion rights in Ohio and the legislative elections in Virginia, in which abortion is also a major issue.

One big thing to remember is that in something like the Virginia legislative races, the battle for control of the state Assembly and Senate will likely come down to a pretty small number of votes, perhaps just one or two races. A win is a win. That’s our system. But the electoral significance of a win for the future is much less clear. Given the frenzied panic among many Democrats right now, if Republicans take control of the Virginia House and Senate, it’s likely to send Democrats into full apoplexy and the national news media into a full Biden death watch. But the difference between that outcome and a Democratic win, which would led many to think that Times/Sienna poll wasn’t such a big deal after all, is likely to be a pretty small number of votes. Just keep this in mind as we go into the evening regardless of the result.

Further Observations on the Israel-Hamas War

As with my post yesterday, this is a notebook of observations about various issues tied to the Israel-Hamas war.

Invisible War

As I noted yesterday, what amazes me is how little we know about what is happening on the ground in the battle between Israel and Hamas. The US press is filled with reporting on the domestic repercussions of the conflict; there’s lots of reporting on the civilian death toll in Gaza. Those issues deserve lots of attention. But Israel’s core goal is to physically eliminate Hamas’s de facto army, usually estimated to number around 30,000 militants; its arsenal of weaponry; and its complex of tunnels. It is very hard to find much solid information, from either side, on how much success they are having accomplishing that.

Continue reading “Further Observations on the Israel-Hamas War”

‘You’re Running Away From Your Argument’: Liberal Justices Expose Grim Farce In Domestic Violence Gun Case

On Tuesday, the Supreme Court debated a question so blindingly obvious to a reasonable person that it reveals how extreme its Second Amendment jurisprudence has become: Can the government take guns away from domestic abusers? 

Continue reading “‘You’re Running Away From Your Argument’: Liberal Justices Expose Grim Farce In Domestic Violence Gun Case”

Trump Is Playing A Losing Hand In Every Legal Case Against Him

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

Trump Trial Testimony: What Losing Looks Like

Look, Donald Trump wouldn’t resort to the name-calling, the prickly attacks on judges and prosecutors, the self-defeating effort to appeal to his base even when it hurts him in court if – and I can’t emphasize this enough – he weren’t losing.

It’s a losing man’s bet to gamble that instead of winning in court you’re going to win at the polls on Election Day and make this all go away.

It’s a loser’s play to chide, ridicule, and threaten the judge who is hearing the big fraud case against you.

It’s a desperate man’s Hail Mary to ignore the overwhelming evidence against you and play to the cameras and friendly audiences.

You step back and look at the Trump arc since 2017 and I’m only being partly glib when I offer this summation of the Trump message to the base: “I’m a loser just like you.”

The losses keep piling up: election defeats in midterms and in 2020, multiple indictments, his foundation dissolved, and his business empire facing massive fraud findings. Other than a couple of Senate impeachment acquittals, it’s a loser’s string of defeats.

It all played out in open court yesterday in the civil fraud trial in New York. And yet … the media fascination with Trump’s bombast, with the pissing matches he sets up and then participates in, and with his transgressive behavior sidesteps what a loser he is. It’s similar to the hackneyed tendency to ascribe to Trump 3D chess skills and brilliant maneuvering that mere mortals simply can’t fathom.

I often wonder what it will take. Trump in a prison uniform and fulminating behind bars? I somehow doubt even that will break the spell.

Quote Of The Day

Special Counsel Jack Smith, on Donald Trump:

But the defendant stands alone in American history for his alleged crimes. No other president has engaged in conspiracy and obstruction to overturn valid election results and illegitimately retain power.

Jack Smith Tries To Keep Jan. 6 Trial On Track

Special Counsel Jack Smith on Monday filed a flurry of responses to various Trump bid’s to derail the case, but the most important strategic move was to urge U.S. District Judge Tanya Chutkan to decide quickly on Trump’s immunity and double jeopardy claims so that the appeals can begin promptly and not derail the March 2024 trial date.

John Eastman On 60 Minutes

Just keep on talking, buddy:

NEW: Society for Rule of Law

A group of anti-Trump conservative lawyers is launching a new project called the Society for Rule of Law.

Election Day

A relatively quiet off-year Election Day. What to watch:

  • Ohio: Voters consider a referendum on enshrining abortion rights in the state constitution
  • Virginia: Control of the state legislature is at stake, with abortion rights a central issue
  • Kentucky: Gov. Andy Beshear (D) tries to fend off state Attorney General Daniel Cameron, the first Black person to hold that office.

2024 Ephemera

  • POTUS: The NYT poll over the weekend showing President Biden trailing Donald Trump in key battleground stories has unleashed a fresh round of “Democrats worry” stories.
  • MI-Sen: Former Rep. Peter Meijer (R-MI), who voted to impeach President Trump over Jan. 6, threw his hat into the crowded GOP primary ring for the open seat held by Sen. Debbie Stabenow (D-MI). The Senate GOP’s campaign arm immediately crapped all over his campaign.

SCOTUS Hears Important Gun Case

The court will consider whether a federal law that bans people under domestic violence restraining orders from possessing firearms runs afoul of the Second Amendment, offering the conservative supermajority a chance to demarcate more clearly what the limits of gun regulation are under the Constitution.

Keeping Track Of House GOP Conspiracies Is Hard

This lede from The Messenger made me laugh:

House Republicans finally get a shot to grill a sought after antagonist in their impeachment pursuit of Joe Biden: the special counsel in charge of prosecuting the president’s son, Hunter Biden.

Imagine trying to explain this to a visitor from elsewhere.

“So the president’s son is being prosecuted?” Yes.

“By a prosecutor appointed by Trump?” You got it.

“And the president’s opponents are mad about that?” Oh, yes.

“But didn’t the president’s opponents want his son prosecuted?” Quite so.

“So they’re mad because … ?” Exactly.

Israel-Gaza Watch

  • Netanyahu: Israel will be responsible for overall security in Gaza for “indefinite period.”
  • United Nations says 89 of its employees have been killed in Gaza since Oct. 7
  • Jewish man dies after altercation during dueling protests in California.
  • Confused anti-Semitic American plows her car into what she thought was an “Israel school” in Indiana but was actually occupied by an anti-Semitic hate group.
  • UMass student arrested for punching Jewish student at Hillel vigil.

Be Careful With This One

I’ve been intrigued by how property insurance companies have started responding to the risk of climate change. My concern is that the risk is very real, but that insurance companies – which are so easy to demonize – will end up becoming the pariah here at the expense of dealing with the actual policy issues the growing risk implicates. Hating on insurance companies offers an easy political out rather than actually contending with the gargantuan risk the real estate market faces. At this point, we seem to be in the data-gathering phase, which is fine as far as it goes.

13B-Year-Old Supermassive Black Hole Found

A composite picture shows the galaxy cluster Abell 2744 in X-rays from Chandra and infrared light from Webb, as well as close-ups of the black hole host galaxy UHZ1. (X-ray: NASA/CXC/SAO/Ákos Bogdán; Infrared: NASA/ESA/CSA/STScI; Image Processing: NASA/CXC/SAO/L. Frattare & K. Arcand)

WaPo:

Two NASA space telescopes teamed up to scrutinize a distant galaxy and discovered something mind-boggling: a gargantuan black hole inside a galaxy that’s more than 13 billion years old. The “supermassive” object — hailed as the oldest black hole yet confirmed — has roughly the same mass as all the stars in that galaxy combined.

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