Redistricting Texas 2012: A Primer

Click here to download my primer on redistricting in Texas. Below, you will find a brief overview of the process to date.

OVERVIEW

Redistricting is a contentious process — and Texas is no outlier. In addition to the normal political fights and legal challenges, the Lone Star state is also one of several states that  must submit their redistricting plans to the federal government for approval.

The requirement is a broader provision in the Voting Rights Act of 1965 that mandates certain states with a history of voter discrimination submit changes in election law to the federal government.

These states can submit their redistricting plans either to the Department of Justice or federal court. Texas usually does the prior, but opted for the courts this time around, filing for preclearance in Washington, D.C. At the same time the D.C. court was debating whether to approve Texas’ maps, another federal court in San Antonio was hearing legal challenges to the maps.

These suits were brought by various minority groups that claimed Texas’ redistricting maps were discriminatory. The San Antonio court agreed and completely redrew the districts, but the U.S. Supreme Court rejected the lower court’s maps. In it’s opinion, the Supreme Court said that the San Antonio court needed to respect the state legislature’s wishes and use the state’s desired districts as a starting point.

With the 2012 primary election rapidly approaching — and no decision from the D.C. court — the San Antonio court devised interim districts to use during the primary.

Finally, in August, the Washington, D.C. judges issued their opinion and rejected Texas’ maps as discriminatory. The San Antonio court reacted by extending the interim maps for use during the upcoming general election.

And the battle over how to redraw Texas’ political boundaries continues.

 

Why Any Debt Deal Will Need to Include Taxes

One of the major downsides to the otherwise enthralling roller-coaster ride that is the 2012 GOP primary is the way that the fight for the Republican ticket has dragged the rhetoric further and further to the right. After all, you cannot become president if you do not win the party nomination — and you cannot win your party’s nomination if you do not appeal to the base voters that turn out at the primary elections. The result is a competition to “out-conservative” each other, which may yield short-term electoral gain, but does so at the expense of cooperative politics and sound policy.

Consider this excerpt from an August 2012 GOP debate in Iowa. Fox News anchor Bret Baier asks the candidates if they would walk away from a deficit reduction deal that would cut $10 in federal spending for every $1 it raised in tax revenues. Every candidate agreed that they would.

This is, of course, absurd. There is no realistic way in which deficit reduction will ever occur solely through spending cuts alone. Think about the budget for a moment. Over 60 percent of the federal budget is mandatory spending, mainly on programs like Social Security, Medicare, and Medicaid. These are programs that, by law, provide certain benefits if you meet certain requirements, such as age or income level.

There is no wiggle room here. These payments must happen unless Congress amends the law to change benefits or eligibility requirements. It would be prudent now to recall that changes to Social Security have always been controversial among the electorate. President Roosevelt planned it that way. In 1941, he recalled:

“We put those payroll contributions there so as to give the contributors a legal, moral, and political right to collect their pensions and their unemployment benefits. With those taxes in there, no damn politician can ever scrap my social security program.”

Because employees pay into the Social Security system with every paycheck, they feel entitled to their own future benefits. This makes paring back benefits or raising the retirement age very unpopular politically. There is a reason why reforms to the Social Security system in 1983 were limited to an ever-so-gradual increase in the retirement age and an increase in payroll taxes. The math is simple: retirees like their Social Security benefits, and retirees reliably turn out to vote in larger numbers than younger citizens. Similar problems face the Medicare and Medicaid programs.

Interest payments on the debt are likewise mandatory, though, they are listed as a separate category from mandatory spending.

But if cutting mandatory programs (again, over 60 percent of the budget) would involve highly risky political moves, doesn’t that still leave discretionary spending of about 40 percent to carve up? Surely, we can reduce the deficit by lopping out a chunk of discretionary spending?

Not so fast. As it turns out, a lot of discretionary spending is not so discretionary after all. More than half of all discretionary spending is defense spending — a spending area that is also fraught, as politicians strive to “support the troops” and avoid being called “soft on defense.” And the nondefense portion of discretionary spending? What does that encompass?

From the Congressional Budget Office (CBO):

Seven broad budget categories accounted for more than 75 percent of the spending for nondefense discretionary activities last year [2010]. The largest of those is the category covering education, training, employment, and social services; it is followed in size by the categories for transportation, income security programs (mostly housing), and health-related research and public health. Categories with smaller amounts of discretionary spending include administration of justice (mostly for law enforcement activities), veterans benefits and services (mostly for health care), and international affairs.

It also is worthwhile to note that President Obama’s proposed nondefense discretionary spending for 2012 is about $450 billion, or around 12 percent of the federal budget. The deficit for 2011 was over $1 trillion. So, if the entire nondefense discretionary budget evaporated, it would still not have covered last year’s deficit. Nor would it cover the projected 2012 deficit of around $828 billion. If you had the entire discretionary budget (which, when you add the $868 billion in the 2012 proposed Obama budget for defense to the total for nondefense spending comes to about $1.3 trillion), you would have just covered the deficit, at least in the short term.

In the long term, you’d still have an aging population that would stress mandatory spending programs. When the baby boomers were in their working primes, taxing their large numbers enabled the government to meet entitlement payments. There were enough workers to tax to support Social Security pensions and Medicare insurance coverage. Now that those same huge numbers are retiring, there will be a shrinking pool of people to pay and a growing pool of people that will be drawing benefits.

And then, in our hypothetical, there is the fact that we just abandoned all of the government’s defensive duties, diminishing our global power and destabilizing the world as a whole. Also, with more than $1 trillion dropping out of the economy, we’ve just descended into the depths of a long depression that will send federal revenues spiraling, creating a whole new deficit problem.

Now, this hypothetical is obviously utterly unrealistic. No one (who actually understands the federal budget) is calling for the government to abandon all discretionary spending. But it nevertheless serves a purpose. It shows that the size of the deficit is comparable to an entire section of the budget. Furthermore, it shows that, as much as people talk vaguely of “cutting waste,” there is almost no part of the budget that could be touched without sparking controversy.

This is important because cuts must occur if we are to get the deficit under control. Such cuts should be timed so as not to derail economic recovery from the Great Recession (that is to say, they should not be implemented immediately) and, importantly, entitlements like Social Security and Medicare must be reformed.

The real question is a political one: how do you pass a deficit reduction package that cuts popular programs?

The Republican candidates’ unanimous rejection of a hypothetical deficit reduction package with $10 in cuts for $1 in tax increases is one way to not accomplish this goal. The reason why is, like the question posed above, inherently political.

In order to pass such legislation, one needs the president and both houses of Congress to be onboard. A simple majority would suffice in the House of Representatives, but a supermajority (two-thirds) would be needed to overcome the inevitable filibuster in the Senate. That would be virtually impossible if one side of the aisle refused to compromise, which is essentially what the Republican candidates said when they indicated they would reject any and all tax increases.

But pretend for an instant that the impossible occurs, and the Republicans land both the presidency and a filibuster-proof majority in the Senate. Also pretend that the few moderate Republicans left in the Congress (Olympia Snowe, Scott Brown, etc…) don’t jump ship. They’ve got the numbers. Do they pass this all-cuts deficit reduction package?

No.

Any economist would tell you that the Republicans don’t pass the package, even though they have the numbers. Why? They do not pass the all-cuts package for the same reason the GOP candidates are demanding an all-cuts package: incentives.

Right now, the Republican presidential candidates have a very strong incentive to call for an all-cuts package because it will help them win the primary election. As mentioned earlier, the candidates have been pushing each other further and further to the right in a race to win the presidential ticket. Calling for an all-cuts package allows them to curry favor with primary voters and gives them cover from opponents that would otherwise attack them for not ruling out tax increases.

However, passing such a package is not in our hypothetical Republican Congress’ interests because it would be widely unpopular and would energize the opposition. Unlike the presidential candidates, such a package would actually hurt their electoral prospects.

Democrats, of course, would vote in lockstep against this package, making the issue a partisan one. Democrats across the country would campaign against the hard-hearted Republican deficit reduction that was weak on defense (cuts to defense spending), harsh on both the poor and the middle class (cuts to the social safety net and Medicare), a burden to the elderly (cuts to Social Security and Medicare), but also went easy on the rich (lack of tax increases).

Voters across the country, seeing their Social Security checks shrink, their insurance coverage dropped, their unemployment evaporate, would turn their Republican representatives out of office in record numbers at the next election. And if it is one thing that political parties loathe, it is losing power.

But how would including tax increases in deficit reduction legislation prevent any of this?

Well, first of all, it makes the legislation likelier to pass than an all-cuts package — the latter having absolutely no chance at becoming law. It has a better shot because it provides a platform for cooperation and compromise. The Democrats may have to swallow painful spending cuts, but at least they in turn get to temper some of them with tax increases. The Republicans may have to suffer tax increases, but they also get their desired spending cuts.

With members of both parties onboard, the legislation has a better chance of making it to the president’s desk. Additionally, it can be presented as bipartisan, robbing either party of the ability to use it against the other in future elections. Individuals and primary challengers may still use this narrative in specific elections, but the overall narrative will be very different with bipartisan cover. It is also much easier to take the dive when you are joined by both your allies and opponents.

There would still be much opposition in the electorate, but it would be more manageable. A compromise package could call for ‘shared sacrifice’ from every American.

History also provides a good guide. As the Economist notes:

Put simply, no fiscal consolidation that the IMF has judged to be successful relied on public spending cuts for more than 83% of its impact. In successful fiscal consolidations, tax rises accounted for between 17% and 33% of deficit-reduction measures.

So yes, deficit reduction legislation should probably rely more on spending cuts than tax increases — but both are essential parts of any successful package. This will probably not come as a surprise to the American people, as numerous polls have shown that they recognize the need for including tax increases in a deficit reduction package.

But, you might ask, why focus so much on how the GOP candidates responded at some primary debate in Iowa? Once they got into office, things would change. Everyone knows presidents never keep their promises anyway!

Not so.

Studies of the topic have shown that presidents generally try to keep their promises. And on the subject of taxes, any Republican president would likely be fearful of repeating George H.W. Bush’s mistake in choosing fiscal responsibility over ideology. The elder Bush infamously agreed to raise taxes in order to cut the deficit, despite promising he would do no such thing in the 1988 election. At the next election, Bush faced a primary challenger (Pat Buchanan) that emphasized Bush’s broken promise and went on to have a surprisingly strong showing early on in the primary season. Bush, of course, went on to face Bill Clinton who, like Buchanan, threw Bush’s 1988 promise back at him. “Read my lips: no new taxes,” Bush’s broken promise, went on to become a solemn warning to politicians of all stripes (and a Wikipedia page, too!).  Bill Clinton went on to take the presidency.

The irony here is that the very candidates who have staked their campaigns on fiscal responsibility are unlikely to successfully cut the deficit, should any of them take the White House.

Perhaps they should take a page from President Reagan’s book. Sure, Reagan passed the largest tax cuts in American history. But he also, when faced with gaping deficits and a Democratic Congress, reached across the aisle, compromised, and, yes, raised taxes.


Gerlach v. Trivedi for U.S. House of Representatives

Here are the two candidates for District 6 — Jim Gerlach and Manan Trivedi.

Update — WHYY’s Marty Moss-Coane interviewed Manan Trivedi on her radio show, “Radio Times.” You can listen to the interview at their website or find it in the iTunes store for free under “Radio Times.” On the show, Marty Moss-Coane said they are looking to set up a Gerlach interview in the coming weeks.

(Note — I’ve culled most of the information on the candidates’ stances from their own campaign sites (links: Gerlach, Trivedi) from OnTheIssues.com (links: Gerlach), and from ProjectVoteSmart.com (links: Gerlach, Trivedi).

Economy and Business

  • Gerlach
    • Opposed the Stimulus Package
    • Supported stimulus spending that involved funding transportation
    • Voted to regulate subprime mortgage industry
    • Voted to fund research and development of nanotechnology for commercialization
    • Small business tax relief
    • Lower state business taxes to stimulate growth
    • Voted to “make grants to states for the modernization, renovation, or repair of public schools, including early learning facilities and charter schools, to make them safe, healthy, high-performing, and technologically up-to-date.”
    • Voted to extend unemployment benefits during the recession
    • Opposed “Employee Free Choice Act,” which would end the need for a ‘secret ballot’ to vote on unionization after a majority of worker signatures have been collected
    • End offshore tax havens for business
  • Trivedi
    • “Support tax incentives that encourage expansion and new hiring”
    • Infrastructure spending (both physical, such as roads and bridges, and technological, such as broadband)
    • Tuition assistance programs
    • “Launch an effort to retrofit local schools to become more energy efficient by switching to clean energy sources (such as wind energy, solar power, biomass heaters”
    • Use this retrofitting plan to train vocational students and to reduce the amount of the budget spent on energy

Transportation

  • Gerlach
    • Supported stimulus spending that involved funding transportation
    • Member of House Committees dealing with transportation
  • Trivedi
    • Infrastructure spending

Health Care

  • Gerlach
    • Opposed recent Health Insurance reform
    • Tort reform
    • Voted to regulate tobacco as a drug
    • Voted to expand Children’s Health Insurance program
  • Trivedi
    • Supported a public option
    • Comparative Effectiveness Research
    • Expand health information technology to reduce costs and improve quality
    • Realign incentives to reward quality, not quantity, of care
    • Promote primary care
    • Support policies that make “all neighborhoods healthier—with walking paths, open spaces, and access to healthy groceries”

Immigration

  • Gerlach
    • Opposes amnesty for illegal immigrants in America
    • Stronger border control
  • Trivedi
    • Opposes Arizona immigration law
    • “He supports immigration reform that creates a path to citizenship, where people have to get in the back of the line and fulfill the same requirements that his father had to fulfill.”

Education

  • Gerlach
    • Voted to “make grants to states for the modernization, renovation, or repair of public schools, including early learning facilities and charter schools, to make them safe, healthy, high-performing, and technologically up-to-date.”
  • Trivedi
    • Invest in early learning
    • Reform “No Child Left Behind”
    • Change incentives to stop teachers from “teaching to the test”
    • National standards
    • Supports technical training in the clean energy industry

Energy and the Environment

  • Gerlach
    • Opposes Cap and Trade
    • Supports offshore drilling
    • Voted for “clean coal technology and developing new alternative energy through wind, solar and bio-fuels”
    • Sponsored a bill to “make federal funds available to municipalities around the country to purchase conservation easements”
    • Supports public transportation
  • Trivedi
    • Fund research and development of green energy technology
    • Support public transportation
    • “Modernization of the aging U.S. power infrastructure with the development of smart grid and meter systems”

National Security

  • Gerlach
    • Supported Patriot Act
    • Opposed closing Guantanamo Bay
    • “Co-sponsored legislation to prevent terrorists from being imprisoned on US soil”
    • Supported War in Iraq
    • Supports War in Afghanistan
    • Sanctions on Iran
  • Trivedi
    • Draw down forces in Iraq
    • Two-state solution in Israel
    • “Plan for a more reasonable deployment cycle, increase educational and healthcare benefits for the active duty and veteran community, and raise compensation for the junior enlisted, if not all our soldiers and sailors”
    • Supports War in Afghanistan

Abortion

  • Gerlach
    • Pro-life
    • Voted for stem cell research
    • Voted for “restricting interstate transport of minors to get abortions”
  • Trivedi
    • Pro-choice
    • Ensure access to contraception


Sestak vs. Toomey for PA Senator

Now that the primaries are behind us, the brawl for the Pennsylvania Senate seat is heating up. This blog post will be one in a series of posts I hope to write in which I lay out the stances of various candidates that will be on the ballots this year.

I hope that reading about those issues that matter to you will get you to the ballot box, and that this blog has helped you make an informed decision.

Update — WHYY’s Marty Moss-Coane interviewed with each of these candidates on her radio show, “Radio Times.” Follow the links below to listen, or find them for free in the iTunes store under “Radio Times”:

(Note — I’ve culled most of the information on the candidates’ stances from their own campaign sites (links: Toomey, Sestak), from OnTheIssues.com (links: Toomey, Sestak), and from ProjectVoteSmart.com (links: Toomey, Sestak). )

Economy and Business

  • Toomey
    • Tax cuts (for both individuals and businesses) and deregulation to spur economic growth
    • Opposes the Jobs Bill
    • Opposed the Stimulus Package
    • Make the Bush tax cuts permanent
    • Decrease government spending
    • Voted to end offshore tax havens
  • Sestak
    • Supported the Stimulus Package to stabilize the economy
    • Tax cuts for the middle class
    • Allow Bush tax cuts to expire
    • Federal investment in new industries
    • Supported the TARP Program (bailouts) to stabilize the financial sector
    • Close tax loopholes
    • Supported “Employee Free Choice Act,” which would end the need for a ‘secret ballot’ to vote on unionization after a majority of worker signatures have been collected
    • Increase the minimum wage
    • Discretionary spending caps
    • Voted to extend unemployment benefits during the recession
    • Invest in small business
    • Supported HOPE for Homeowners to help people refinance their mortgages
    • Supported government purchase of ‘toxic assets’ to help keep credit flowing
    • Supported Credit Card Holders’ Bill of Rights
    • Supports Pay-As-You-Go, which requires increases in spending to be accounted for

Health Care

  • Toomey
    • Opposes the recent Health Insurance reform
    • “Giving individuals who buy their own health insurance the same tax benefits that employers enjoy when they buy health insurance for their employees”
    • Allow health insurance companies to compete across state lines
    • Tort reform
    • “Allow small businesses and groups to join together to form association health plans to lower the cost of providing health care”
    • “Encourage a market for renewable health plans to help people with preexisting conditions keep their health insurance”
    • Increase awareness of health care cost
    • Voted to help establish tax-exempt Medical Savings Accounts
  • Sestak
    • Supported the recent Health Insurance reform
    • Opposes single-payer, but supported public option
    • Stop insurers from discriminating against people with pre-existing conditions
    • Health Insurance Exchanges
    • Support of stimulus package that provided funding for states so they could avoid cutting Medicare/Medicaid.
    • Invest in preventive care
    • Voted to regulate tobacco as a drug
    • Voted to expand the Children’s Health Insurance Program

Immigration

  • Toomey
    • Opposes amnesty for illegal immigrants in America
    • Secure America’s borders
  • Sestak (I cannot find Sestak’s position on this issue)

Energy and the Environment

  • Toomey
    • Offshore drilling for oil
    • Nuclear power
    • Utilize the Marcellus Shale
    • Opposes Cap and Trade
  • Sestak
    • Favors alternative energy sources
    • Supports Cap and Trade
    • “Reduce the human impact on climate change”
    • Reduce carbon emissions
    • Tax credits for renewable energy
    • Fund research and development of alternative energy
    • “Increase investment in water infrastructure development.”

National Security

  • Toomey
    • Supports SDI (“Star Wars”)
    • Supports War in Afghanistan
    • Supports War in Iraq
    • Sanctions on Iran
  • Sestak
    • Improve care for returning soldiers
    • Supported employing additional troops to Afghanistan
    • Voted to provide “additional equipment to protect our troops in harm’s way”
    • Ensure civil liberties while providing for National Security
    • Reassess the Patriot Act
    • Support G.I. Bill
    • “Economic instability around the world [is] the primary danger to our nation’s security”
    • Close Guantanamo Bay
    • Treat veterans with Post-Traumatic Stress Syndrome
    • Withdraw from Iraq
    • Restore habeas corpus for detainees

Abortion

  • Toomey
    • Pro-life
    • Encourage adoption over abortion
    • Opposes using tax dollars on abortion
  • Sestak
    • Pro-choice
    • Voted to support stem cell research
    • Ensure access to contraception

Education

  • Toomey
    • Supports charter schools
  • Sestak
    • Increase Pell Grants
    • Support early education
    • Increase funding for Head Start
    • “Reauthorize the Teach For America program, which recruits and trains recent college graduates seeking to enter into the teaching profession.”
    • “Establish tuition repayment program for individuals with degrees in Mathematics and Science who commit to serve as a teacher.”

Gay and Lesbian

  • Toomey
    • Constitutional amendment banning gay marriage
    • Banning gay and lesbian people from adopting children in Washington, D.C.
  • Sestak
    • Supports civil unions
    • Provide “federal civilian LGBT employees with the same partnership benefits that are currently offered to all spouses of federal employees”
    • Repeal the “Defense of Marriage Act”
    • End discrimination in the workplace
    • End discrimination in the military

Gun Rights

  • Toomey
    • Few limitations on gun rights
  • Sestak
    • Regulations on gun ownership
    • Federal ban on assault weapons

Internet

  • Toomey (I cannot find Toomey’s position on this issue)
  • Sestak