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  • What the DeSantis and Newsom Debate Really Revealed

    What the DeSantis and Newsom Debate Really Revealed

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    The best way to understand last week’s unusual debate between Governors Gavin Newsom of California and Ron DeSantis of Florida is to think of them less as representatives of different political parties than as ambassadors from different countries.

    Thursday night’s debate on Fox News probably won’t much change the arc of either man’s career. DeSantis is still losing altitude in the 2024 GOP presidential race, and Newsom still faces years of auditioning before Democratic leaders and voters for a possible 2028 presidential-nomination run.

    What the debate did reveal was how wide a chasm has opened between red and blue states. The governors spent the session wrangling over the relative merits of two utterly divergent models for organizing government and society. It was something like watching an argument over whether the liberal government in France or the conservative government in England produces better outcomes for its people.

    “The way the debate will be heard is the nationals of each country cheering their guy on,” Michael Podhorzer, a progressive political strategist and a former political director for the AFL-CIO, told me.

    The sharp disagreements between the governors pointed toward a future of widening separation between red and blue blocs whose differences are growing so profound that Podhorzer has argued the sections should be understood as fundamentally different nations.

    As Podhorzer and other analysts have noted, this accelerating separation marks a fundamental reversal from the generally centralizing trends in American life through the late 20th century. Beginning with the New Deal investments under Franklin D. Roosevelt (such as agricultural price supports, the Tennessee Valley Authority, and Social Security), and continuing with massive expenditures on defense, infrastructure, and the social safety net after World War II (including Medicare, Medicaid, and federal aid for K–12 and higher education), federal spending for decades tended to narrow the income gaps between the southern states at the core of red America and the rest of the country.

    After World War II, in a dynamic that legal scholars call the rights revolution, the federal government nationalized more civil rights and liberties and limited the ability of states to constrain those rights. Through Supreme Court and congressional actions that unfolded over more than half a century, Washington struck down state-sponsored segregation and racial barriers to voting across the South, and invalidated a procession of state restrictions on abortion, contraception, interracial marriage, and same-sex relationships, among other things.

    But both big unifying trends reshaping the economy and the rules of social life have stalled and are moving in the opposite direction. Podhorzer has calculated that the convergence in per capita income between the South and other regions plateaued in 1980 and then started widening again around 2008. And, as I’ve written, the axis of Republican-controlled state governments, the GOP-appointed majority on the Supreme Court, and Republican senators wielding the filibuster are actively reversing the rights revolution that raised the floor of personal freedoms guaranteed in all 50 states.

    On issues including voting, LGBTQ rights, classroom censorship, book bans, public protest, and, most prominent, access to abortion, red states are imposing restrictions that are universally rejected in blue states. As Newsom argued in an interview with me a few hours before he went onstage, “This assault on our rights and the weaponization of grievance” is designed to “bring us back to … the pre-1960s world” in which people’s rights depended on their zip code. Under DeSantis, Florida has been a leader in that process, creating policies, such as limits on classroom discussion of sexual orientation and gender identity, widely emulated across other red states.

    Thursday night’s debate revolved around the differences between Florida and California, though the Fox moderator Sean Hannity hardly presented an accurate picture of the comparison. Both states have their successes and failures. But Hannity focused his questions entirely on measures that favor Florida (such as unemployment rate, violent-crime rate, and homelessness numbers) while ignoring all the contrasts that favor California (which has a much higher median income, far fewer residents without health insurance, and, according to the CDC, much lower rates of teen birth, infant mortality, and death from firearms, as well as a longer life expectancy). Hannity essentially joined in a tag team with DeSantis to frame the debate in terms familiar to his Fox audience that blue states are a chaotic hellhole of crime and “woke” liberalism; when Newsom pushed back against that characterization, or challenged DeSantis’s approach, Hannity often cut him off or steered the conversation in a different direction.

    The narrow focus on California and Florida made sense in a debate between their two governors. But those comparisons can obscure the bigger story, which is the expanding divergence between all the states in the red and blue sections.

    Podhorzer has documented that gap in an array of revealing measures. He divides the nation between states in which Republicans or Democrats usually hold unified control of the governorship and state legislature, and those in which control of state government is usually divided or frequently changes hands. That classification system yields 27 red states, 17 blue states (plus the District of Columbia), and six purple states. By these definitions, the red states account for just under half the population and the blue states just below two-fifths, while the blue states contribute slightly more of the nation’s GDP.

    Podhorzer’s data show that on many key measures, blue states as a group are producing far better outcomes than the red states.

    In new results provided exclusively to The Atlantic, Podhorzer calculates that the economic output per capita and the median family income are both now 27 percent higher in the blue section than in the red, while the share of children in poverty is 27 percent higher in the red states. The share of people without health insurance is more than 80 percent higher in the red states than in the blue, as are the rates of teen pregnancy and maternal death in childbirth. The homicide rate across the red states is more than one-third higher than in the blue, and the rate of death from firearms is nearly double in the red. Average life expectancy at birth is now about two and a half years higher in the blue states. On most of these measures, the purple states fall between red and blue.

    (Podhorzer also groups the states by their voting behavior in federal elections, which results in 24 red-leaning states, 18 blue ones, and eight purple states. But the comparisons between the two big sections don’t change much under that definition.)

    On most of these measures, Podhorzer calculates, the gap between the red and blue states has widened over the past 15 years. He attributes the expansion mostly to the kind of policy differences that DeSantis and Newsom debated. The difference in health outcomes, for instance, is rooted in disparities such as the continuing refusal of 10 red states, including Florida, to expand Medicaid eligibility under the Affordable Care Act (which every blue state has done). As other economic analysts have noted, with their higher concentrations of college graduates, blue states—and the large blue metropolitan areas of red states—are benefiting the most from the nation’s transition into an information-age economy.

    As DeSantis and Hannity did in the debate, defenders of the red-state approach point to other measures. Housing costs are typically much lower in red states than in blue, as are taxes. Those are probably the central reasons many of the blue states, despite their stronger results on many important yardsticks, are stagnant or shrinking in population, while several of the red states, especially those across the Sun Belt, have been adding middle-income families. Lower housing costs are also one reason homelessness is less of a problem in red states than in blue metros, especially along the West Coast.

    But the relative superiority of either model is probably less important to the nation’s future than the widening separation, and growing antagonism, between them that was displayed so vividly in the debate.

    Most experts I spoke with agree that there is now no single difference between the red and blue sections as great as the gulf during most of the 20th century between the states with and without Jim Crow racial segregation, much less the 19th-century distance between the slave and free states.

    But the number of issues dividing the states is reaching a historic peak, many of those same experts agree. Although civil rights and racial equity have made up the most important dividing line between the states for most of U.S. history, “the way in which these issues line up today—on everything from abortion to library books to the question of how much power states ought to have over their local governments … I think there’s not been since the founding such a far-reaching debate,” Donald Kettl, a former dean of the University of Maryland’s School of Public Policy, told me.

    To Kettl, the new wave of restrictive social legislation spreading across red states challenges the traditional idea that local variation benefits the country by allowing states to function as the fabled “laboratories of democracy.” “It strikes me as being incredibly dangerous,” Kettl said. “The good old arguments about the laboratories of democracy is that individual states would try different ideas, find out what works, and throw out the ones that didn’t work. We are not talking about that at all. We are talking about an effort to push a particular agenda and to push it as far as possible.”

    David Cole, the ACLU’s national legal director, likewise sees the erosion of a national floor of civil rights and liberties as the most ominous element of the widening red-blue separation. “We are supposed to be one nation, committed to a common set of fundamental rights,” Cole told me in an email. “But we have increasingly become two nations, with substantial rights protections for some, and robust repression for others. Federalism was designed to allow for some play in the joints, some variations among states—but not on the fundamental constitutional rights to which we are all entitled as human beings and U.S. residents.”

    It’s not clear that in the near term anything will close the space between red and blue states. Neither party has many realistic chances to win power in states that now prefer the other side. And particularly in red states, the dominance of the conservative media ecosystem makes it difficult for Democrats even to present their arguments, as the debate demonstrated.

    In the interview a few hours before he went onstage, Newsom told me that the principal reason he accepted the debate was not so much to rebut DeSantis as to reach Fox viewers. “I want to make the case in their filter bubble,” he told me. “We’ve got to get into their platforms.” Though the forum allowed Newsom to assert some positive facts about President Joe Biden’s record rarely heard on the network, any progress in reaching Fox viewers was likely blunted by Hannity’s framing of every issue as proof of the superiority of red over blue. After the debate, Newsom’s aides said they believed he had achieved his mission of evangelizing to Fox’s audience. But in the end, the evening may have validated Barack Obama’s lament during his presidency that it was virtually impossible for Democrats to communicate with red-state voters except through the negative filter that conservative media build around them.

    Podhorzer is among those skeptical that anything will reverse this process of separation in the foreseeable future. He views the late-20th-century trend toward convergence as the anomaly; “the default position” through most of American history has been for the states we now consider the red bloc to pursue very different visions of moral order, economic progress, and the role of government than those we now label as blue. To Podhorzer, the disagreements on display at the DeSantis-Newsom debate were just the modern manifestation of the deep divisions between the free and slave states, or the Union and the Confederacy.

    In the 2024 presidential race, Biden and the leading Republican candidates have each endorsed new national laws that would reverse our separation by imposing the dominant laws in one section on the other. Biden and other Democrats are backing federal bills to restore a national floor of abortion, LGBTQ, and voting rights in every state; Republicans in turn want to impose red-state restrictions on all those issues in blue states.

    Podhorzer believes that the differences between the states have hardened to the point where setting common national rules on these issues in either direction has become extremely risky. “Any compromise on any of these big issues,” he told me, “means half the country will see a loss in some aspect of what they like about the way they live.” From his perspective, courting that backlash might be worth the effort to restore core civil rights, such as access to abortion, nationally. But he warns that no one should underestimate the potential for fierce red-state resistance to such an effort, extending even to violence.

    It won’t be easy for either side to pass legislation nationalizing the social- and civil-liberties regime in their section; at the least, it would require them to not only hold unified control of the White House and Congress but also end the Senate filibuster, which remains an uncertain proposition. The more likely trajectory is for red and blue states to continue careening away from each other along the pathways that Newsom and DeSantis so passionately defended last week. “Without some major disruption, this cycle” of separation “hasn’t played itself out fully,” Podhorzer told me, in a view echoed by the other experts I spoke with. “There are hurricane-force winds in that direction.” Thursday’s gusty debate between these two ambitious governors only hinted at how hard those gales may blow in the years ahead.

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    Ronald Brownstein

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  • The Tennessee Expulsions Are Just the Beginning

    The Tennessee Expulsions Are Just the Beginning

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    The red-state drive to reverse the rights revolution of the past six decades continues to intensify, triggering confrontations involving every level of government.

    In rapid succession, Republican-controlled states are applying unprecedented tactics to shift social policy sharply to the right, not only within their borders but across the nation. Just last Thursday, the GOP-controlled Tennessee House of Representatives voted to expel two young Black Democratic representatives, and Texas’s Republican governor, Greg Abbott, on Saturday moved to nullify the verdict of a jury in liberal Travis County. In between, last Friday, a single Republican-appointed federal judge, acting on a case brought by a conservative legal group and 23 Republican state attorneys general, issued a decision that would impose a nationwide ban on mifepristone, the principal drug used in medication abortions.

    All of these actions are coming as red states, continuing an upsurge that began in 2021, push forward a torrent of bills restricting abortion, LGBTQ, and voting rights; loosening controls on gun ownership; censoring classroom discussion of race, gender, and sexual orientation; and preempting the authority of their Democratic-leaning metropolitan cities and counties.

    This flood of legislation has started to erase the long-term trend of Congress and federal courts steadily nationalizing more rights and reducing the freedom of states to constrict them—what legal scholars have called the “rights revolution.” Now, across all these different arenas and more, the United States is hurtling back toward a pre-1960s world in which citizens’ basic rights and liberties vary much more depending on where they live.

    “We are in the middle of an existential crisis for the future of our burgeoning multicultural, multiethnic democracy,” and the extreme events unfolding in Tennessee and other states “are the early manifestations of an abandonment of democratic norms,” Janai Nelson, the president and director-counsel of the Legal Defense Fund, wrote to me in an email.

    The past week’s events in Tennessee and Texas, and the federal court case on mifepristone, extend strategies that red states have employed since 2020 to influence national policy. But these latest moves show Republicans taking those strategies to new extremes. Together these developments underscore how aggressively red states are maneuvering to block the federal government and their own largest metropolitan areas from resisting their systematic attempt to carve out what I’ve called a “nation within a nation,” operating with its own constraints on civil rights and liberties.

    “It shows there really is no limit, no institution that is quote-unquote ‘sacred’ enough not to try to use to their advantage,” Marissa Roy, the legal team lead for the Local Solutions Support Center, a group opposing the broad range of state preemption efforts, told me.

    This multipronged offensive from red states seeks to reverse one of the most powerful currents in modern American life. Since the 1960s, on issues including the legalization of abortion and same-sex marriage and the banning of discrimination on grounds of race or gender, the Supreme Court, Congress, and federal agencies have broadened the circle of rights guaranteed nationwide and reduced the ability of states to limit those rights.

    Over the past decade, Republican-controlled states have stepped up their efforts to reverse that arrow and restore their freedom to impose their own restrictions on rights and liberties. Nelson sees this red-state drive as continuing the “cycle of progress and retrenchment” on racial equity through American history that stretches back to Reconstruction and the southern resistance that eventually produced Jim Crow segregation. “The current pendulum swing is occurring both in reaction to changing politics and changing demographics, making the arc of that swing that much higher toward extremism,” she told me.

    The vote in the Tennessee House of Representatives, for instance, marked a new level in the long-term struggle between red states and blue cities. In most red states, Republicans control the governorship and/or state legislature primarily through their dominance of predominantly white non-urban areas. Over the past decade, those red-state Republicans have grown more aggressive about using that statewide power to preempt the authority of, and override decisions by, their largest cities and counties, which are typically more racially diverse and Democratic-leaning.

    These preemption bills have removed authority from local governments over policy areas including minimum wage, COVID masking requirements, environmental rules, and even plastic-bag-recycling mandates. Legislatures have accompanied many of these bills with other measures, such as extreme gerrymanders, meant to dilute the political clout of their state’s population centers and shift influence toward exurban and rural areas where Republicans are strongest. In Tennessee, for example, the legislature voted to arbitrarily cut the size of the Nashville Metropolitan Council in half, a decision that a state court blocked this week. Many of the bills that red states have passed since 2020 making it harder to vote have specifically barred techniques used by large counties to encourage participation, such as drop boxes or mobile voting vans.

    Republicans who control the Tennessee House took this attack on urban political power to a new peak with their vote to expel the two Black Democratic representatives, Justin Pearson and Justin Jones, who represent Memphis and Nashville, respectively. Though local officials in each city quickly moved this week to reappoint the two men, the GOP majority sent an ominous signal in its initial vote to remove them. The expulsions went beyond making structural changes to diminish the power of big-city residents, to entirely erasing those voters’ decision on whom they wanted to represent them in the legislature. Conservative legislatures and governors “have become so emboldened [in believing] that they can tread on local democracy,” Roy said, “that they are going all out and perhaps destroying the institution altogether.”

    One of the most aggressive areas of red-state preemption this year has been in moves to seize control of policing and prosecutorial powers in Democratic-leaning cities and counties, which typically have large minority populations. In Georgia, for instance, both chambers of the GOP-controlled state legislature have passed bills creating a new oversight board that would be directed by state officials and have the power to recommend removal of county prosecutors. In Mississippi, both GOP-controlled chambers have approved legislation to expand state authority over policing and the courts in Jackson, the state capital, a city more than 80 percent Black. The Republican governor in each state is expected to sign the bills.

    Tennessee legislators passed a bill in their last session increasing state authority to override local prosecutors. This week they went further. Although it didn’t attract nearly the attention of the expulsion vote, the Tennessee House Criminal Justice Committee on Tuesday approved a bill to eradicate an independent board to investigate police misconduct that Nashville residents had voted to create in a 2018 referendum.

    In 2019, the GOP legislature had already stripped the Nashville Community Oversight Board of the subpoena power that was included in the local referendum establishing it. The new legislation approved this week, which is also advancing in the State Senate, would replace the board and instead require that citizen complaints about police behavior in Nashville and other cities be directed to the internal-affairs offices of their police departments. The legislation is moving forward just weeks after five former police officers were indicted in Memphis for beating a Black man named Tyre Nichols to death. “You would think that while the Tyre Nichols case is going on … that we would be really wanting more oversight, not less,” Jill Fitcheard, the executive director of the Nashville oversight board, told me. Coming so soon after the vote to expel the two Black members, the attempt to eradicate the oversight board, she said, represents “another attack on democracy in Nashville.”

    Texas has joined this procession with bills backed by Governor Abbott and Lieutenant Governor Dan Patrick advancing in both legislative chambers to make it easier for state officials to remove local prosecutors who resist bringing cases on priorities for the GOP majority, such as the measures banning abortion or gender-affirming care for transgender minors.

    But Abbott last Saturday introduced an explosive new element into the red-state push to preempt local law-enforcement authority. In a statement, Abbott directed the Texas Board of Pardons and Parole to fast-track consideration of a pardon for a U.S. Army sergeant convicted just one day earlier of killing a Black Lives Matter protester in 2020. Abbott, who had faced criticism from conservative media for not intervening in the case, promised to approve the pardon, and criticized the Democratic district attorney who brought the case and the jury that decided it in Travis County, an overwhelmingly blue county centered on Austin.

    Although many Republicans are seeking ways to constrain law-enforcement officials in blue counties, Abbott’s move would invalidate a decision by a jury in such a Democratic-leaning area. And whereas the preemption legislation in Texas and elsewhere targets prosecutors because of the cases they won’t prosecute, Abbott is looking to override a local prosecutor because of a case he did prosecute.

    Gerry Morris, a former president of the National Association of Criminal Defense Lawyers now practicing in Austin, told me that Abbott’s move was especially chilling because it came before any of the normal legal appeals to a conviction had begun. Morris said he can think of no precedent for a Texas governor intervening so peremptorily to effectively overturn a jury verdict. “I guess it means if you are going to kill somebody in Texas,” Morris said, “you need to make sure it’s somebody Governor Abbott thinks ought to be killed; because if that’s the case, then he’ll pardon you.”

    The past week’s third dramatic escalation came from District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump with ties to the social-conservative movement. Kacsmaryk’s ruling overturning the FDA’s approval in 2000 of mifepristone was in one sense unprecedented. “Never has a court actually overturned an FDA scientific decision in approving a drug on the grounds that [the] FDA got it wrong,” William Schultz, a former deputy commissioner of the Food and Drug Administration, said on a press call Monday.

    But in another sense, the case merely extended what’s become a routine strategy in the red states’ drive to set their own rules. Nearly two dozen Republican state attorneys general joined the lawsuit in support of the effort to ban mifepristone. That continued a steady procession of cases brought by Republican-controlled states to hobble the exercise of federal authority, or to erase rights that had previously been guaranteed nationwide.

    The most consequential example of this trend is the case involving a Mississippi abortion law that the Republican-appointed Supreme Court majority used to overturn Roe v. Wade last summer. But shifting coalitions of GOP state attorneys general have also sued to block environmental regulations proposed by President Joe Biden, and to prevent him from changing Trump-administration immigration-enforcement policies or acting to protect LGBTQ people under federal antidiscrimination laws. Red states “have been very interested in opposing virtually every rule or guidance that would provide nondiscrimination protection to LGBTQ people,” says Sarah Warbelow, the legal director for the Human Rights Campaign.

    All of these legal and political struggles raise the same underlying question: Can Democrats and their allies defend the national baseline of civil rights and liberties America has built since the 1960s?

    Democrats have found themselves stymied in efforts to restore those rights through legislation: While Democrats held unified control of Congress during Biden’s first years, the House passed bills that would largely override the red-state moves and restore a set of national rules on abortion, voting, and LGBTQ rights. But in each case, they could not overcome a Republican-led Senate filibuster.

    The Biden administration and civil-rights groups are pursuing lawsuits against many of the red-state rights rollbacks. But numerous legal experts remain skeptical that the conservative U.S. Supreme Court majority will reverse many of the red-state actions. The third tool available to Democrats is federal executive-branch action, such as the Title IX regulations the Education Department proposed last week that would invalidate the blanket bans against transgender girls participating in school sports that virtually all the red states have now approved. Yet federal regulations that attempt to counter the red-state actions may prompt resistance from that conservative Supreme Court majority.

    And even as Democrats search for strategies to preserve a common baseline of rights, they face the prospect that Republicans may seek to nationalize the restrictive red-state social regime. Congressional Republicans have introduced bills to write into federal law almost all of the red-state moves, such as abortion bans and prohibitions on classroom discussion of sexual orientation or participation in school sports by transgender girls. Several 2024 GOP presidential candidates are starting to offer similar proposals.

    The past week has seen Republicans reach a new extreme in their effort to build a nation within a nation across the red states. But the next time the GOP achieves unified control of Congress and the White House, even this may seem like the beginning of an attempt to impose on blue states the rollback of rights and liberties that continues to burn unabated through red America.

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    Ronald Brownstein

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