Detroit voters at the polls inside Central United Methodist Church in downtown Detroit, Michigan, on Nov. 5, 2024. —Sarah Rice—Getty Images
A pollster admitted this week to using fabricated data in its surveys that were picked up by leading publications across the U.S., claiming the stunt was an “experimental project” intended to showcase the “vulnerabilities” of the polling industry. The announcement has shaken trust in polling infrastructure ahead of the midterms, especially as some candidates say their campaigns were directly harmed by the fake numbers.
After election analysis website FiftyPlusOne submitted an inquiry to Wedgewood Polls regarding the authenticity of its data and methodologies, the pollster put out a statement across social media on Tuesday, saying it had been conducting a test to show "how easy is it for an entirely fabricated polling firm to gain traction, be taken seriously, and expose how little scrutinization exists in media and public commentary?" In the statement, which has since been deleted, the group claimed it had been “far too easy” to distribute false data and insisted it "highlights a systemic breakdown in media vetting and data aggregation.”
Wedgewood's polls had been used by multiple national outlets for their midterm reporting, including the New York Times, Newsweek, MS NOW, and POLITICO. The Times, which cited around 15 Wedgewood polls between June and October, has since removed the data from its stories. In an accompanying editor’s note, the publication detailed its checking process for polls and said Wedgewood had answered several of their inquiries prior to the data being published, including questions on the identities of the group’s pollsters, the methods used to draw their samples, and the source of their funding.
TIME's email to Wedgewood Polls bounced back.
In another fraudulent polling operation uncovered in August, a company called Median Strategies fabricated polls for races in Wisconsin, Nevada, and California and similarly called the ploy a “social experiment” in a statement to the Los Angeles Times.
“It's very troubling that we've had two examples of this within a very short period of time during election campaigns, creating a lot of problems for legitimate polling,” says Michael Traugott, a professor emeritus of political science at the University of Michigan, who previously served as president of the American Association for Public Opinion Research (AAPOR).
Here’s what to know about the Wedgewood scandal, and what it says about polling ahead of the pivotal midterm elections.
What do we know about Wedgewood Polls?
The polling group called itself a “fictional entity run by a small group of industry veterans” in its statement. Its X account, which contained many of its polls, no longer exists.
G. Elliot Morris, a pollster and journalist who works at FiftyPlusOne, tells TIME that he and his colleagues had been suspicious about a “crop of new polling firms” that have emerged and released anonymous data. An individual eventually tipped off FiftyPlusOne to Wedgewood's polling, which was “the straw that broke the camel's back for us,” he says.
FiftyPlusOne said in a public statement that Wedgewood “operated as if it were a legitimate polling firm” by collecting money from donors to carry out crowd-funded polls and share its survey data.
The poll analysis group said Wedgewood disclosed two names in connection to the company: Jack Sims and Andrew Prater. According to FiftyPlusOne, Sims had prior experience in the polling industry. SoCal Strategies, another polling firm, this week acknowledged in an email to an NPR affiliate in Michigan that Sims had worked there, but is not currently employed by the company and “has not been for a year.”
“It is not atypical for a pollster to leave an existing firm, form their own, and self-fund some surveys to build reputation; we had no reason at the time to believe this case was any different,” FiftyPlusOne said regarding Sims.
“This event does not help what is a decades-long trend of declining confidence in the polling industry,” Morris added, when asked about Sims’ involvement with Wedgewood. TIME has been unable to reach Sims for comment.
Senate candidate in Michigan says fake polling damaged her campaign
The polling scandal has sparked a flurry of reactions within the politics and government sector, with one former Senate hopeful claiming the numbers circulated by Wedgewood contributed to the collapse of her campaign.
Democratic Michigan state Sen. Mallory McMorrow recalled how a poll from Wedgewood had shown her “plummeting into single digits.”
Wedgewood released polling on June 29 that placed McMorrow as having the support of only 9% of registered voters, leaving her trailing behind Haley Stevens and Abdul El-Sayed. Other polls also showed McMorrow in third place with single digits. A Susquehanna Polling survey conducted June 9 to 14 put McMorrow at 9%, although 49% of Democratic primary voters surveyed were undecided. A July 1 Quantus Insights poll put her at under 8%. McMorrow suspended her campaign on July 5, just one month before the primaries.
In a statement posted to social media on Oct. 20, McMorrow said donations “dried up” and she was “hounded” with calls to exit the race after the circulation of the “infamous” Wedgewood poll numbers.
Advising others not to trust the polls, McMorrow said she hoped Democrats are ready to “blow up the system with campaign finance and transparency reforms.”
Jennifer Holdsworth, a Democratic strategist who ran a SuperPAC that supported McMorrow, claimed the fake poll had been “used by several donors to pull back funding at a time we were being outspent by $80 million.”
Amid widespread discussions over fabricated data, Federal Communications Commission (FCC) Chair Brendan Carr said, without naming any specific instance, that there has been a “significant surge” in fake polls and blamed news outlets for “amplifying or airing” them “without regard to basic journalistic ethics.”
Democratic FCC Commissioner Anna Gomez quipped back and shifted the onus onto fraudulent pollsters themselves.
“Pollsters who intentionally mislead the public should answer for it, but broadcasters who report publicly available polling data should never be punished when a poll is wrong,” she said in response to Carr. “FCC rules on news distortion or hoaxes do not apply to a station that reports this data in good faith.”
Michigan Democratic state Sen. Mallory McMorrow and Democratic Senate primary winner Abdul El-Sayed at a press conference in Detroit, Michigan, on Aug. 5, 2026 —Finn Gomez—Getty Images
What impact can polls have on elections?
While documented fake polls are rare, according to experts, polling in general often plays a large role in shaping the narrative of hotly contested races.
Traugott tells TIME that polls can affect voting behavior and support for campaigns “because by and large, the average citizen is interested in backing the winner, and backing means not just votes; it also means financial contributions, contributing time and effort to the campaign, and the like.”
Research has demonstrated what is known as the “bandwagon effect,” in which voters become more likely to vote for candidates or issues that are more favored in polls. A 2023 study from the Journal of Elections, Public Opinion and Parties showed that polls discouraged support for less popular ballot items, or as the paper’s authors put it: “polls demobilize the minority and mobilize the majority.”
It also found that moderate voters, who often represent a crucial demographic of voters and can swing tight elections, were the most impressionable when it comes to being influenced by polling. “Social conformity is strongest among ideological moderates,” the study said.
This effect has been documented going back decades.
A 1996 experiment showed that participants who were shown a fabricated poll ahead of that year’s primary had a “significantly greater tendency” to vote for the candidates favored by the poll.
This phenomenon has similarly been demonstrated in prediction markets, which have been shown to sway voters almost as much as polls. A study released on Oct. 20 by policy think-tank the Brennan Center showed that voters were 10% more likely to say that a candidate would win in an election if that person had higher odds of winning based on a prediction market.
Likewise, voters were less likely to believe that a candidate would win if their odds were predicted to be lower. These prediction market odds, the study said, had a similar effect on perceived electability as traditional polls.
Traugott says that generally speaking, voters who identify with a specific party are unlikely to change their vote as a result of polling, but that they might not show up to the polls at all if they see their party’s nominee is disfavored to win.
“It's often the case in the general election that the polls have an influence in terms of turnout,” he says.
Should you trust polls?
Michael Dimock, the president of the Pew Research Center, says that in tight races, of which there are many in the upcoming midterms, “it's very easy for polls to ‘pick the wrong winner.’”
“I do think that people should be very cautious in over-interpreting pre-election polls' ability to project an election outcome, whether it's at a national level, state level, a district level, [or] local level,” he tells TIME.
One of the main reasons for this, Dimock contends, is that even if participants in a survey say who they would vote for, they still might not show up to cast their ballot. He refers to this immeasurable but important factor as “enthusiasm differences.”
“What polls are really bad at capturing is who's going to actually show up and cast a ballot. It's really hard,” Dimock adds. “Human beings are bad at predicting their [own] future behaviors.”
A male Northern Bobwhite Quail forages for seeds on the ground in south Texas. | Jon G. Fuller/VWPics/Universial Images Group via Getty
When millions of voters fill out their ballots in November, they won’t just be choosing elected representatives. Many states are offering the chance to impact conservation and wildlife as well, through ballot measures focused on things like dedicating more money to habitat protection or mitigating the impacts of climate change. One couldeven reshape wildlife management in one of the country’s most picturesque mountain states — and also lead to the indiscriminate deaths of all kinds of wild animals.
And while ballot measures might seem like small potatoes in the grand scheme of electoral politics, they could have an outsized impact this year. The Trump administration has been systematically rolling back protections for endangered species, taking a hammer to longstanding pillars of climate regulation, and cutting funding to agencies like the National Park Service and National Forest Service, both of which oversee vast stretches of wildlife habitats. In many cases, states have had to step up, putting more resources into conserving the habitats and species within their borders, and ballot measures can help shape those decisions.
Here are the seven ballot measures that could transform ecosystems across the country this election:
This ballot measure would shorten environmental review periods for “essential projects” like housing, water systems, clean energy, and medical facilities, among others. In a state that’s been struggling to build what it needs fast enough, this could help speed essential clean energy projects that could help slow climate change. On the other hand, reducing California Environmental Quality Act review time, as this proposition would do, could also lead to increased habitat destruction, leading advocacy organizations like the Sierra Club to oppose it.
This amendment might seem a little in the weeds — and mostly in the interest of farmers and ranchers looking for tax breaks. But it would double (from 2,000 acres to 4,000 acres) the amount of land an owner can get tax breaks from if they protect it under the state’s Conservation Use Valuation Assessment program. As Yanshu Li, an Associate Professor of Forest Economics at the University of Georgia, told me, the amendment could incentivize landowners to set aside larger tracts of their property for wildlife habitat conservation, which would benefit species like the nine-banded armadillo and the northern bobwhite quailthat call these habitats home.
Question 6 would create a “Nature for All Fund,” routing existing taxes on sporting goods, recreational vehicles, and money spent at golf courses to conservation. That fund could then be used on natural resource conservation, making it the first time the state has a dedicated funding source for conservation projects.
This proposition, similar to Massachusetts’, would direct existing sales taxes on sporting goods to a state fund dedicated to conservation and wildfire prevention. In a state where wildfires have torn through more than 2 million acres in the past decade, dozens of conservation groups are supporting this measure to protect habitats and species.
Here, voters are being asked to approve up to $500 million in bonds that can be used to fund water-related infrastructure projects like water treatment, waste disposal, and wetlands infrastructure. A boost to wetlands under the Arkansas proposal could help animals that live in those habitats, which are often overlooked in this region.
This measure would allow for $55 million in bonds to fund environmental and recreational projects. The largest chunk of this change — $25 million — would go to helping to protect the state from the impacts of climate change. Another $7 would be devoted to protecting Narragansett Bay and its watersheds, which would include funding to “restore natural habitats and control invasive aquatic plants,” according to the Rhode Island Current.
These ballot measures are all relatively straightforward so far, but there’s one question up to voters this fall that puts wild animals front-and-center — and is splitting hunters and anglers down an ethical centerline. Which takes us back to Colorado:
On its surface, this amendment seems fairly innocuous. It asks voters to enshrine “the right to hunt, fish, and harvest fish and wildlife by traditional methods” in the state’s constitution. Hunting and fishing are already big in Colorado, and they’re protected by statute, so this may not seem like a major change. But, as Rebecca Niemiec, co-director of Colorado State University’s Animal-Human Policy Center and a Colorado Parks and Wildlife commissioner, speaking for herself, told me, neither the text of the bill nor its proponents define what “traditional methods” of hunting and fishing would be allowed under this amendment.
“Read plainly, traditional methods could be interpreted to include practices like poisoning, leg hold traps, gill nets, or baiting and hounding,” Niemiec said. Many of these practices injure or maim animals, including ones that aren’t targeted: Steel-jawed traps and poisons don’t discriminate between, say, a deer, a wolf, and a lynx. All of these practices have been outlawed in Colorado over the years, either through other ballot measures or regulatory changes; in 1992, for example, Coloradans voted to ban hunting bears using bait and hounds, and four years later they banned leg-hold traps and snares.
The new amendment also continues on to propose: “establishing hunting and fishing as the preferred means of managing fish and wildlife populations.” This would leave far less room for wildlife agencies like CPW to make nuanced decisions or roll out alternative programs, like birth control or animal relocation. It also reduces their ability to take into account the preferences of people who value wildlife for reasons other than hunting.
“Biological science can inform decisions about how many animals can be killed without threatening a population,” Niemiec said. “But it can’t tell us what hunting practices are ethical, or how to balance hunting opportunities with the public’s desire to see wildlife alive — and protected from unnecessary suffering.”
The push for these constitutional protections, Niemiec told me, is part of a larger backlash against conservation groups. But in this case, it’s not as simple as hunter vs. non-hunter: Plenty of hunters and anglers support taking ethical considerations into account when making decisions about how to manage wildlife, and some hunting groups in Colorado have publicly spoken out against the amendment.
“If we’re going to enshrine anything in the Constitution, it should say we should be balancing the diversity of public interest in wildlife in all of our management decisions,” Niemiec said. “We need innovative methods, not traditional methods, if we’re going to deal with the complex challenges that our wildlife is facing moving forward in the state and throughout the country.”
American elections aren’t what they used to be: Thanks to relentless, politically driven gerrymandering, fewer and fewer congressional seats are truly competitive. Millions of Americans are locked into districts where their vote will never elect the party of their choice.
But gerrymandering is also notoriously hard to fix. Many sitting lawmakers owe their seats to districts that have been wildly contorted to create secure seats. So asking legislators to ban gerrymandering often means asking them to endanger their own jobs.
Nevertheless, the stars may soon align for opponents of partisan electoral maps. Last time Democrats controlled the US House, they passed a bill that sought to eliminate gerrymandering. That bill died in the Senate. But, if the polls are correct, Democrats are poised to take both houses of Congress in November. If President Donald Trump remains an albatross around Republicans’ necks through 2028, Democrats could soon control both elected branches of government.
That’s good news for opponents of gerrymandered maps, because, as recent developments show, any viable solution to congressional gerrymandering will have to come from Congress and not the states. Some blue states, such as California and Virginia, had previously enacted constitutional amendments intended to halt gerrymandering in those states. But Democrats are now trying to bypass those bans because they prevent blue states from countering Republican gerrymanders in red states.
Key takeaways
Democrats may soon have the votes in Congress to ban gerrymandering, but they still must overcome a hostile Supreme Court.
Some of Democrats’ top priorities, such as fixing the Supreme Court’s decisions enabling racial gerrymandering, are almost certainly off the table. Others, like independent redistricting commissions, could run into trouble.
Still, the Constitution should give Congress broad authority to tell states how they must draw maps to make them fair and nonpartisan.
Still, even if Democrats win the next two federal elections in historic landslides, they then must overcome the final boss monster standing between the United States and fair elections: the Supreme Court.
And unless the Court’s membership changes dramatically, that will be no easy task. Until fairly recently, the Supreme Court often blocked racial gerrymanders — those intended to lock voters of a particular race out of power — and it at least held open the possibility that a state’s maps could be struck down because of excessive partisanship.
Now, by contrast,many of the Court’s redistricting decisions read like a love letter to partisan maps. The Court’s Republican majority held in Rucho v. Common Cause (2019) that federal courts are forbidden from hearing cases alleging that a particular legislative map was drawn to benefit one political party. More recently, in Louisiana v. Callais (2026), the Court’s Republicans abolished longstanding safeguards against racial gerrymandering, ushering in a new wave of maps that favor white Republicans in the South.
There’s no way to guarantee that a Republican Supreme Court won’t simply make up a reason to toss outa Democratic voting rights law, no matter what that law says. Still, there are strategic ways to mitigate that risk.Opponents of gerrymandering can maximize the likelihood that redistricting reforms will survive judicial review by paying close attention to what the Supreme Court has already said about race, election law, and other related topics. Many of the Court’s recent cases suggest that Democrats may want to tweak their approach to a federal redistricting law — and the Court’sopinions give clues into how.
Don’t even think about passing a law that mentions race
The most obvious trap that Democrats could fall into when drafting an anti-gerrymandering bill is to mention race, or otherwise draw racial distinctions of any kind.
Until just a few months ago, the federal Voting Rights Act offered some of America’s strongest protections against gerrymandering. A 1982 amendment to that law prevented many racially polarized states — often states where white people vote Republican and Black people vote for Democrats — from drawing maps that maximized white power. This had the side effect of limiting partisan gerrymandering in that space, because requiring these red states to draw more Black-majority districts meant electing more Democrats.
But the Republican justices effectively repealed this amendment, which was signed into law by President Ronald Reagan, in Callais.That’s because all six of the Court’s Republicans swear fealty to an idea known as “colorblindness” — the idea that any law that draws racial distinctions, no matter the purpose, is equally repugnant. Under this theory, laws that aim to lift up historically disadvantaged racial groups are legally indistinguishable from the laws that codified Jim Crow. So, if a new act of Congress requires states to consider race when they draw legislative maps, that new law will almost certainly be struck down by this Court.
Congress takes an extraordinary risk, moreover, if it inserts a race-based provision into a broader law governing redistricting, even if the vast bulk of that law does not concern race at all. NFIB v. Sebelius (2012) is one big example of how that could go wrong: In that case, four of the Republican justices claimed that the entire Affordable Care Act must be struck down because those four concluded that just two provisions of the law are unconstitutional.
The current Court is both much more conservative and much more Republican than the one that heard NFIB — and probably will be just as motivated on the issue of gerrymandering as they were on Obamacare — so a majority of its members could potentially order an entire act of Congress repealed if they deem one provision in that law unconstitutional. And, even if they do not go that far, they still might carve giant holes in a law because of one provision that mentions race.
Democrats seem to understand these limitations: The last time Democrats controlled the House, it passed two significant voting rights bills (both of which died in the Senate). The For the People Act is an omnibus bill that includes many of the Democratic Party’s ideas to improve elections, including several provisions targeting gerrymandering. Meanwhile, the John R. Lewis Voting Rights Advancement Act seeks to undo many of the Supreme Court’s attacks on the Voting Rights Act, the landmark law barring race discrimination in voting, while also enhancing some of the VRA’s protections.
Democrats’ decision to, well, segregate racial reforms from their other voting rights proposals shows that they understand many of the tactical decisions they need to make because of this Court. By placing race-related reforms in the John Lewis Act, while passing non-race-related ideas in the separate For the People Act, Democrats reduce the likelihood that the later bill will fall. It would be extraordinary, even for this Supreme Court, to strike down one law because five or more justices deem an entirely separate law unconstitutional.
But let’s say the Democrats decide the best way to get gerrymandering reform through early next year is by reviving the For the People Act. That bill’s anti-gerrymandering provisions do still contain some references to race which Democrats may want to strip out in an abundance of caution. The bill, for example, would require states to draw their congressional districts using a commission made up of Democrats, Republicans, and people affiliated with neither party. One provision of this bill provides that the pool of potential members of these commissions should be screened to ensure that it is “representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State.”
Because this provision requires the government to consider race, this Court would very likely strike it down. If that happens, the Court might simply excise the reference to race from the broader statute and leave the rest of it intact, but there’s a danger that this Court could strike down all of the For the People Act’s provision calling for congressional maps to be drawn by independent commissions — or even possibly the entire Act.
SoIf Democrats decide the best way to enact gerrymandering reform early next year is by reviving that bill and finally getting it passed, they may want to strip out any mentions of race in an abundance of caution.
Relying on independent redistricting commissions to draw congressional districts is a dicey proposition with this Supreme Court
At least eight states currently use independent commissions to draw legislative maps, and several other states involve commissions in their mapmaking process. It’s a promising model because empirical research does suggest that these commissions are effective in reducing partisanship in legislative maps. One recent study, for example, found that moving from legislatively drawn maps to commissions “would increase the share of competitive seats within a state from 25 percent to 38 percent on average.”
The idea behind an independent commission is to take the task of drawing maps away from a partisan state legislature, and give it to a multipartisan body tasked with drawing maps that favor neither major political party. The For the People Act adopts this model. It proposes that each state should have a 15-member commission consisting of five Democrats, five Republicans, and five people affiliated with neither major party. Elected officials and their immediate family, candidates for office, significant political donors, and lobbyists are all barred from commission membership.
But there’s a constitutional problem with this approach, which arises out of a surprisingly banal question: Who, exactly, would employ these commissioners?
One possibility is to make them federal officials. But if these commissioners are employed by the federal government, the Constitution would probably classify them as “principal officers,” which would mean that they would have to be chosen by the president and confirmed by the Senate. And, in any event, the Court’s “unitary executive” cases establish that, if these commissioners count as federal officials, either the president or one of the president’s subordinates would have to have the power to fire them at-will.
Classifying the mapmaking commissioners as federal officials, in other words, would defeat the purpose of creating the redistricting commissions in the first place — because the commissioners would be partisan officials and not independent actors.
The For the People Act attempts to get around this problem by calling for state-run commissions. It requires each state to “establish a nonpartisan agency,” which will appoint commissioners to draw the state’s maps. But under the Supreme Court’s “anti-commandeering” doctrine,a doctrine that precedes the Roberts Court,the federal government is typically forbidden from ”issu[ing] direct orders to the governments of the States.” So that suggests that Congress may neither order a state to appoint these commissioners, nor control how a state’s commissioners draw the state’s maps.
In fairness, there is a plausible argument that the anti-commandeering doctrine does not apply to federal laws governing congressional elections. The Constitution allows states to determine the “Times, Places and Manner” for holding such elections, but it also permits Congress to “make or alter such Regulations.” So that suggests that, when Congress writes laws governing congressional elections, it may effectively rewrite a state’s laws to conform to the federal government’s wishes.
Still, this argument is untested. And the question of whether Congress can require states to set up redistricting commissions would ultimately be decided by a Supreme Court with a 6-3 Republican majority that is often hostile toward voting rights legislation. The fate of a federal law requiring states to set up their own commissions would depend on six Republican political appointees who were confronted with a law whose very purpose is to take the Republican Party’s gerrymandering tactics off the table.
Maybe these justices would set partisanship aside and allow a law calling for mandatory state-run commissions to exist. But Congress takes an enormous risk if it bets the future of redistricting on an untested legal theory that, at least, plausibly violates the anti-commandeering doctrine. If the Republican justices want to strike such a law down, they won’t have to work hard to come up with an argument for doing so.
Democrats may want to reconsider whether to rely on independent commissions as their primary solution to gerrymandering. At the very least, they should insert language into the For the People Act stating that, if the commissions are struck down, some alternative mechanism to restrict partisan gerrymandering will immediately spring into effect.
So what can Congress do?
Though independent commissions and race-conscious attempts to combat gerrymandering may be vulnerable to constitutional challenges, Congress’s power to “make or alter” the rules governing congressional elections is in the Constitution, and it isquite broad. That should permit Congress to order the states to draw maps using congressionally determined criteria.
Indeed, Congress has long exercised this power to dictate how states must draw their congressional districts. In 1842, for example, Congress required every state to elect members of the US using single-member districts. This law lapsed in 1929, but a similar law was put back into place in 1967. That law, which provides that no congressional district may “elect more than one Representative,” remains on the books today.
Right now, this law prevents states from enacting many promising reforms, such as proportional representation, but the fact that this law has existed for so long suggests that Congress does, in fact, have broad power to dictate how states draw congressional districts.
Some of the Court’s older precedents, moreover, also suggest that Congress’s power over congressional elections is expansive. Recall that the Constitution itself gives both state lawmakers and Congress authority to determine the “Times, Places and Manner” for holding these elections. States typically get the first crack at determining their own election laws, but Congress can “make or alter such Regulations.” In Smiley v. Holm (1932), the Court said that the power to determine the times, places, and manner for holding these elections includes the power “to provide a complete code for congressional elections.”
So that suggests that Congress may lay out a “complete code” governing how congressional districts should be drawn — assuming, of course, that Congress does not violate some other provision of the Constitution, such as the rules against race discrimination.
An act of Congress governing redistricting could take many forms. Congress might, for example, repeal the ban on multi-member districtsestablished by the 1967 law,and implement proportional representation. Such a system could be set up in different ways, but in the simplest version, voters would cast a ballot for the party they want to control Congress, rather than voting for an individual candidate. Seats would then be allocated to parties based on the percentage of votes that party received. So if the Republican Party received 40 percent of the vote in a state with 10 House members, the GOP would get to pick four of those members of Congress.
Alternatively, Congress could retain the one-member-per-district rule, but implement rules governing how those districts must be drawn. The For the People Act, for example, lays out several criteria that the Act’s independent commissions must use when drawing congressional maps. Among other things, districts must “respect communities of interest, neighborhoods, and political subdivisions to the extent practicable.” The act would also prohibit states from redrawing their maps outside of the 10-year cycle established by the US census.
The bill also proposes several mathematical methods, which have names such as the “efficiency gap,” or the “Seats-Votes Curve,” that may be used to evaluate whether a particular map gives an unfair advantage to one political party.
As I’ve already explained, it is unclear whether Congress could actually create independent redistricting commissions. But a law mandating that congressional districts must be drawn in a particular way could still be enforced by a different body — the federal judiciary. If a state drew a map that violated Congress’s new rules, voters or political candidates in that state could file a lawsuit, and a court could order the state to come into compliance with federal law.
That said, one problem with this solution is that litigation often takes a long time. Historically, states that drew illegal maps that were eventually struck down by the courts often got to run one or more elections under the deficient maps before a court could determine that they were unlawful and must be replaced.
Another potential solution is that Congress could require states to “preclear” new maps with federal officials — borrowing from a method the original Voting Rights Act of 1965 used to prevent states from implementing racist maps before those maps could be challenged in litigation. Under that law, some states had to preclear new election rules with either the Justice Department or a DC-based federal court.
Though the Supreme Court effectively neutralized the VRA’s preclearance provision in Shelby County v. Holder (2013), much of the Shelby County decision criticized the VRA for applying preclearance only to some states and not others. So it is possible that this Court might uphold a new preclearance regime that applies to all 50 states. And even if it will not, Congress could adopt a belt-and-suspenders approach — requiring states to preclear their maps and permitting individual citizens to sue in order to challenge those maps. That way, if preclearance is struck down, lawsuits could still move forward.
There is no telling how this Supreme Court, which often makes up new legal rules that cannot be found in the Constitution’s text, would approach a federal law governing how states must draw their congressional maps. But existing precedents suggest that Congress would have broad discretion to design these rules how its members see fit. Outside of the racial context, the Court’s precedents largely limit which institutions may be placed in charge of redistricting or how members of those institutions are selected or removed. They place far fewer restrictions on the substance of federal election law.
Could judges be given the task of drawing maps?
Another way to potentially insulate the mapmaking process from partisan politics is for Congress to pass a law requiring maps to be drawn by judges, who are at least nominally nonpartisan. Virginia’s constitution, for example, provides that its districts shall be drawn by the state supreme court if the state legislature and a redistricting commission are unable to agree on legislative maps.
Unfortunately, the For the People Act’s proposed process for creating these judge-drawn maps may beunconstitutional. That’s because the Constitution only permits federal courts to decide matters arising out of “cases” or “controversies” — meaning that the matter is presented to the court in a proper lawsuit where a plaintiff, who was actually injured in some way by a defendant, sues that defendant.
The For the People Act seems to contemplate a kind of public hearing, presided over by three judges, where any “interested members of the public may appear and be heard and present testimony” on what a state’s maps should look like. This process, in other words, does not really resemble a lawsuit, where a plaintiff and a defendant both make adversarial arguments and a judge determines which one of them is correct.
Although the bill does indicate that an individual plaintiff may trigger a hearingby filing a formal request with an appropriate court, this individual doesn’t really resemble a party to a lawsuit, in part because they do not appear to have any greater ability to present evidence to the three-judge panel than any other member of the public.
That said, these deficiencies in the For the People Act could probably be fixed with fairly minor tweaks.Instead of allowing any random member of the public to call for a hearing, the bill should identify specific classes of individuals — be they voters within a state, candidates, or political parties — who have standing to sue the state. The ensuing hearing should be conducted like a lawsuit, with both the plaintiff and the state presenting their own arguments for how to design the state’s maps. If Congress also wants the court to consider arguments from the public at large, those arguments could be submitted in amicus briefs.
And, of course, the bill should also lay out a legal criteria that judges can use to determine if a particular map is legal.
The biggest challenge for lawmakers probably won’t be the Constitution. It will be coming up with a solution that actually prevents partisans from drawing biased maps.
At least under current law, Congress has broad discretion to lay out nationwide rules governing congressional mapmaking. A federal law mandating proportional representation, or requiring states to draw compact districts, or mandating that states must use a particular mathematical model to construct maps that are free from partisan bias, or potentially even a law allowing judges to draw maps, would all likely be constitutional — even according to this Supreme Court.
But the fact that a particular law is constitutional does not mean that it will be effective in increasing the number of competitive districts and reducing the role that partisans play in the mapdrawing process.
The most challenging task facing Congress — or, at least, a future Congress that actually wants to do something about gerrymandering — is coming up with rules that actually force states to draw fair maps. It would be a tragedy if Congress enacts a law requiring states to use a particular method to design its districts, only to discover that this method does not actually prevent states from drawing partisan gerrymanders.
In a 2016 speech, for example, former Attorney General Eric Holder mocked states that draw districts that are “only contiguous at low tide” or that are “shaped like a contorted snake.” And he suggested that states should be required to draw maps which ensure that “people who live near each other, and who have similar interests” vote in the same district. Holder, in other words, seemed to suggest that compact districts are superior to ones that spread out throughout much of a state.
But this proposal could actually make some states’ maps more biased. That’s because Democrats tend to cluster together in cities, while Republicans tend to spread out more in rural and suburban areas of a state. So, if a state’s mapmaking process fetishizes drawing nearby voters together into the same district, Democrats may all be packed into urban districts that are so overwhelmingly Democratic that many of the votes cast in these districts will be wasted. Republicans, meanwhile, could be spread out across multiple districts to ensure that their votes are counted more efficiently.
These challenges don’t mean that federal lawmakers should abandon the project of halting partisan gerrymandering. But it does mean that they should proceed with some caution. The worst outcome would be if Congress required states to use a particular method when they draw their maps, and then that method did not achieve what Congress intended it to achieve.
Avoiding this outcome, moreover, will be more difficult because Congress may need to choose second-best solutions to reduce the likelihood that the Supreme Court strikes the entire law down.
It would be better if Congress could address partisan redistricting without an increasingly partisan Court breathing down its members’ necks. But Democrats cannot choose which justices sit on the Supreme Court at the moment they gain a congressional majority large enough to actually legislate. Absent extraordinary events, they will need to do their best to draft a law that this Court will not sabotage.
Pro-Palestinian Jewish American demonstrators rally outside AIPAC’s the Manhattan headquarters in February 2024. | Selcuk Acar/Anadolu via Getty Images
This story appeared in Today, Explained, a daily newsletter that helps you understand the most compelling news and stories of the day. Subscribe here.
Israel felt inescapable in the midterm primaries, especially for Democrats, where centrists and progressives clashed — memorably! — over military aid, Gaza, and (of course) AIPAC.
But with the Election Day almost upon us, the subject seems less prominent. When I Googled “Israel US elections” this morning, all the top results concerned next week’s Israeli parliamentary elections.
In less than two weeks, however, Americans will also head to the polls. They’ll decide which party controls Congress, along with a slew of state and local offices. The stakes are arguably unusually high: Voters will choose whether to check the power of a president who has bulldozed over historical norms and limits.
As we count down to that momentous and potentially messy day, I’m partnering with my colleague Astead Herndon and Vox’s The Midterms, Actually team for weekly editions on the biggest issues shaping the midterms. We’re breaking down one issue each week and suggesting further reading and races to watch in November.
You know the first part of this story already, because we’ve discusseditquitea lot: Americans’ views of Israel have nosedived over the past 18 months.
That shift helped shape the Democratic primaries and will likely figure prominently in the coming presidential contest. But how much Israel matters in a general midterm election, to people outside the political left…well, November will really test that.
Voters rarely rank Israel policy among their top priorities. In a poll that the Associated Press and NORC Center for Public Affairs Research conducted earlier this month, about 80 percent of registered voters said Congress should highly prioritize the cost of living during its next term, and roughly 70 percent said the same about ending the Iran war. By comparison, less than a third of voters said they prioritized cutting off aid to Israel.
There’s another way that Israel factors into US elections, of course — and that’s in fundraising. The American Israel Public Affairs Committee (AIPAC) has become one of the biggest spenders in US elections and a repeat flash point in this year’s Democratic primaries.
But in the general election, even AIPAC has been overshadowed by the GOP’s big-business donors, many of them in tech, who have given Republicans a historic spending advantage in this year’s contests. On Wednesday, the lobbying group actually announced it would no longer endorse political candidates or make direct campaign contributions.
In either case, whatever happens in the midterms won’t likely transform US policy toward Israel. President Donald Trump is still in charge of foreign policy, after all, and even if Democrats take back the House, they’ll have little ability to reverse his agenda.
But a Democratic majority would gain “new congressional tools to act on Israel-Palestine issues,” Hady Amr, the former US Special Representative for Palestinian Affairs, wrote in a new analysis for Chatham House. Those tools aren’t flashy (think: hearings, funding restrictions, and reporting requirements), but they could certainly set the stage for a broader policy shift under a Democratic president.
Races to watch:
Florida’s Senate race, where Democrat Angie Nixon has criticized her party’s ties to the pro-Israel lobby;
➨ Gather ye roast spuds while ye may. Vegan restaurants appear to be experiencing a downturn of sorts: According to one online directory, the number of establishments fell from 1,717 last October to 1,509 now. But the news isn’t entirely or unambiguously bad. One added pressure on plant-based restauranters, for instance, is growing competition from mainstream restaurants that have started offering vegan dishes.
Before you go…
Did you know…that North America’s largest wind farm has more than 900 turbines, each as tall as the Statue of Liberty, and encompasses an area roughly the size of Chicago? It just came online in June.
Today’s trivia: What’s the plural of Prius, as in Toyota’s hybrid hatchback car? (You can find this and other brain puzzles in Vox’s daily crossword. Look for the answer in tomorrow’s edition.)
Yesterday’s trivia: Yesterday we asked after the definition of the word “cartomancy.” That’s the practice of fortune-telling or divination using a deck of cards. Witchy!
Rep. Ilhan Omar (D-MN) speaks at a press conference at the US Capitol on January 13, 2026, in Washington, DC. | Heather Diehl/Getty Images
President Donald Trump has been attacking Rep. Ilhan Omar (D-MN) since she first entered Congress in 2019. At various points, he’s called for Omar — a progressive lawmaker who came to the United States as a child refugee from Somalia and who is one of Trump’s most vociferous critics — to be investigated, arrested, and deported.
Now, Trump’s Justice Department is seemingly trying to make good on his threats. Last week, Omar’s Washington, DC, home was raided by federal agents from Homeland Security Investigations, an arm of the US Immigration and Customs Enforcement. According to the Wall Street Journal, the raid was part of an investigation into her immigration paperwork with the explicit goal of denaturalizing and deporting her.
The timing alone would make the raid unusual — it’s rare for the Justice Department to take action in political cases so close to an election — and as Washington Post immigration reporter Ted Hesson explains, it also feels uncomfortably pretextual. “It’s almost as if the outcome of the investigation has been stated before anything has taken off,” he told Today, Explained co-host Sean Rameswaram.
Hesson joined Sean to talk about the long history of Trump’s attacks on Omar, what the agents might have been looking for, and whether the administration could actually undermine Omar’s citizenship or even deport her.
Below is an excerpt of their conversation, edited for length and clarity. There’s much more in the full podcast, so listen to Today, Explained wherever you get podcasts, including Apple Podcasts, Pandora, and Spotify.
What do we know about what federal agents were looking for in Rep. Ilhan Omar’s Washington, DC, residence?
What we’ve learned through our reporting is that the investigation has looked at both her birth date and whether [Omar or her father] may have lied about it on the naturalization application.
A second piece is whether, looking at her father’s military service, she was born in Somalia and was there during the civil war and fled with her family as a young child to a refugee camp in Kenya and was there for years before they eventually came to the US as refugees.
This is the president of the United States and his administration entering a sitting representative’s home to figure out what her original birthday is. What is the motivation here, to the best of our knowledge?
For years, President Trump has criticized Rep. Omar and made unsubstantiated accusations related to immigration fraud.
There have been theories circulating on the far right — again, unsubstantiated — that she had married her brother as part of an immigration fraud scheme. President Trump himself has repeated that. And several top Trump administration officials in the last few months have said that they believe that there is fraud in her background. They’re making these statements prior to there being an investigation, prior to there being evidence put forward. And it’s almost as if the outcome of the investigation has been stated before anything has taken off.
One thing I should say is that while it does appear that they’re looking at her birthdate, when refugees come into the US, it’s extremely common that their birth records are unreliable because people are fleeing countries that are often in disarray, whether it’s due to civil war or other reasons.
Often, nations like Somalia don’t maintain accurate birth records. So it’s common that refugees who’ve left their country as children, spent time in refugee camps, and then come to the US don’t have a solid understanding of when exactly they were born. I don’t know for sure that that’s the case here, but I know that generally when you’re dealing with refugees, that is true.
I know there’s a lot we don’t know here, but investigators enter Rep. Omar’s home. Potentially they’re looking for some documents that may list her birthday. If they find some information that’s maybe contrary to official government records, what could that mean, in theory?
It’s unclear what sort of charges could be brought from this. And part of the question is, was she 17 and a child at the time of that application or was she 18?
Even if it was determined that she was not a child, I don’t believe they would be able to, say, launch a denaturalization process based on that fact alone. And even if they did attempt to do something like that, these things are not taken lightly and it’s a long involved legal process and very uncommon to pursue something like this over something as simple as this sort of paperwork discrepancy.
The president has a long history of hating on Somalia and Somali immigrants to this country.
How does this investigation into Rep. Ilhan Omar fit into the president and his administration’s broader efforts to take away American citizenship?
In the past year especially, we’ve seen President Trump use really inflammatory and derogatory language to refer to Somali Americans and Somali immigrants in the US. Even for someone who frequently employs anti-immigrant rhetoric, and the president has in his past, some of the things he said went beyond even that. He does seem to have particularly targeted Somalis in the US and Somali Americans, and Rep. Omar has been part of that.
I think what’s interesting here or what could be interesting is that this case wades into different territory of taking somebody who’s a naturalized citizen, who’s been in the US for decades as a citizen, and saying, “We’re potentially going to reopen that and go back and look at your file and see, do we find anything that might be out of line?”
The idea that you could do that with someone who’s a sitting lawmaker could mean that you could potentially do that to any other person who may have applied.
Now, one thing we’ve learned is that in the case of Rep. Omar, the administration has looked at the idea, in the event that criminal charges can’t be brought, of potentially canceling her citizenship certificate. It’s almost like a fast-track way to disrupt someone’s citizenship.
It doesn’t remove it. You remain a citizen, but you lose the document that is the underlying proof of that, which could then cause problems with federal government documents, and it could even lead to immigration proceedings where the government tries to make the case that you should be deported.
In regard to the search, they’ve actually said that there was a court-ordered guideline that should have been followed, and that involved consulting the counsel for the House of Representatives before the search happened. They said that never happened, and if it had, it would’ve given Rep. Omar perhaps time to prepare for this or some sort of legal recourse.
They’re saying that not only is this continuation of President Trump’s attack on her politically motivated, but also that the actual legal guidelines that were outlined in that search warrant were not followed.
The interesting part is that President Obama does not often weigh in on public debates like this or is at least measured in the opportunities when he does. So it comes with more gravity to hear him stepping in and raising concerns about this.
I think it speaks to the fact that he thought this was very significant. And if you remember, President Trump’s political career was built on the narrative that Barack Obama was not born in the US.
I do remember, Ted.
And the hunt for his birth certificate. You can imagine that former President Obama saw a parallel here and realizes that this mirrors the sort of attacks that were made on him when he was in office.
We’ve talked about President Trump a bunch in this conversation, and he’s made no secret of his disdain for Rep. Omar and the country from which she comes. What has he explicitly said about this investigation?
He’s saying that the Justice Department is acting independently. That said, he has been extremely critical of Rep. Omar in his public statements and continues to be. And the president himself and other top officials have said that it should be investigated.
We’ve had, for months now, a sort of public encouragement of top officials and saying that they should be looking into this. So whether he’s directly liaising with them or whether they’re just reading his social posts, it may be kind of a nuanced distinction. He’s publicly saying he wants this to be pursued.
Calley Means, senior advisor at Health and Human Services (HHS) and co-founder of TrueMed, at the Semafor World Economy Summit during the International Monetary Fund (IMF) and World Bank Spring meetings in Washington, D.C., on April 25, 2025. —Kent Nishimura—Bloomberg/Getty Images
Calley Means, one of the key figures in the Make America Healthy Again (MAHA) movement, said on Thursday that he was stepping down from his role as a senior health adviser in the Trump Administration.
In a post on X, Means said that he was resigning “with tremendous respect” for President Donald Trump and Health Secretary Robert F. Kennedy Jr.
“They laid out a vision of combatting the entrenched, dark forces in DC that profit from Americans getting sick,” Means said. “More policy and cultural change has happened around these goals in the past 2 years than any time in history—and I know this movement is just getting started.”
News outlets including the New York Timesand POLITICO, citing anonymous sources with knowledge of the situation, have reported that Means was becoming increasingly frustrated because he felt that there was little movement on issues central to the MAHA agenda—for instance, on the issue of defining and regulating ultraprocessed foods.
Means, who was pivotal in coordinating an alliance between Kennedy and Trump during the 2024 election cycle, has championed the Administration's food-policy agenda, including efforts to persuade manufacturers to stop using artificial food dyes in their products and to restrict the purchase of soda with Supplemental Nutrition Assistance Program (SNAP) benefits in some states.
In his social media post, Means heralded those actions, as well as his efforts to reform dietary guidelines and his push for research into psychedelic medications.
“It was an honor to advocate for MAHA moms in the administration,” Means said.
Means is the latest figure in the Trump Administration, and specifically in the Department of Health and Human Services, to resign or be ousted from their role over the past year. In May, Dr. Marty Makary stepped down as the head of the Food and Drug Administration amid pressure from within and outside of the Trump Administration. Last year, the White House firedSusan Monarez as director of the Centers for Disease Control and Prevention.
In April, Trump withdrew his nomination of MAHA leader Dr. Casey Means—Calley Means’ sister—for the position of U.S. Surgeon General after the nomination failed to garner enough support in the Senate.
President Donald Trump looks on as Ohio Republican gubernatorial candidate Vivek Ramaswamy speaks during an October 12 election rally in Youngstown, Ohio. | Alex Wong/Getty Images
This story appeared in Today, Explained, a daily newsletter that helps you understand the most compelling news and stories of the day. Subscribe here.
There are low blows, and then there are rock-bottom blows. The latest attack ad in the Ohio governor’s race is undoubtedly the latter.
Republican gubernatorial candidate Vivek Ramaswamy is spending $4 million to air a 60-second spot, which features the long-estranged mother of his opponent, Amy Acton, repeatedly calling her daughter a liar as somber instrumental music plays in the background.
The accusation is pretty dark, given the circumstances of Acton and her mother’s estrangement. Acton has disclosed in interviews that she was sexually abused by her stepfather between the ages of 10 and 12 — an allegation backed up by actual, contemporaneous evidence.
Police and court documents obtained by the Associated Press show that Acton’s stepfather was arrested and charged with her rape in July 1978, when she was 12 years old; he left the state after posting bond and died in Pennsylvania in 2004 without facing trial.
According to both Acton and her mother, who remained married to Acton’s stepfather until his death, the two haven’t spoken in the almost 50 years. But that rift didn’t deter Acton’s mother from insisting, in the new Ramaswamy ad, that Acton had “lied her entire life” and was unfit to serve as governor. And it certainly hasn’t prevented Ramaswamy’s campaign from trumpeting the ad as proof that Acton is a “serial fabulist.”
This may be the ugliest ad in what has arguably become the country’s ugliest midterm election. Even before this latest attack, Ohio Republicans had branded Acton “violent” and “unstable,” sometimes portraying her as a drunk or a horror-movie character. One longtime political observer in the state called the tenor of the campaign “alarming,” noting that Ohio is no stranger to negative ads — but that this cycle’s ads were markedly more personal.
That’s not just an Ohio phenomenon, either. In Michigan, Democratic Senate candidate Abdul El-Sayed has faced nonstop attacks on his religion, including accusations that he belongs to an Islamic terrorist group. In Texas, Republicans have variouslysuggested that Senate candidate James Talarico is effeminate, gay, transgender…and/or pedophilic.
Broader studies of how politicians communicate also suggest that political rhetoric in the US has grown measurably more negative over time. One new paper, published last month in the journal American Political Science Review, analyzed 4.7 million tweets, 2.4 million Facebook posts, and 184,000 email newsletters written by members of Congress between 2009 and 2022. Across three channels, the researchers found, the vibes grew increasingly partisan and negative.
That isn’t to suggest that US political rhetoric is the worst it’s ever been. (We had a Civil War in this country, after all.) But it’s certainly the worst it’s been since I’ve been old enough to vote, and there’s no reason to hope that it’ll slow down.
President Donald Trump is part of the problem: When he first began campaigning for the White House more than 10 years ago, he adopted a bare-knuckled tone that helped shift rhetorical norms in US politics. It would appear they never shifted back.
But social media also bears some blame, the research suggests. Across platforms, political posts that skew partisan and negative tend to attract the most engagement — a powerful currency in modern politics. In one study published in 2022 that analyzed posts to X, formerly Twitter, between 2009 and 2019, researchers found not only that “uncivil” tweets earned the most engagement, but that politicians who got lots of likes and retweets on their nasty posts went on to make more of them.
That might help explain, in part, why many Republican officials seem undaunted — even emboldened — by the blowback to this new Ramaswamy ad. The ad might be “dastardly” and “pretty damn low,” as critics have put it. But for some politicians, the outrage may be well worth the attention.
One link for later
➨ Notice the change you want to see in the world. The hostility in our politics can feel overwhelming. Depressing. Utterly insolvable. But you can advance the cause of civility by not only modeling respect and consideration in your own interactions, but also noting those behaviors in other people. “Looking for the good moments of behavior that you see out in the world, starts to remind you that they’re there,” one etiquette expert told Vox. Think of it as a small antidote to hopelessness.
Before you go…
Did you know…that elephants are one of the few animals to show interest in their dead? They frequently linger, and sometimes become agitated, around the remains of other elephants.
Today’s trivia: Cartomancy is a form of what seasonally relevant practice? (You can find this and other brain puzzles in Vox’s daily crossword. Look for the answer in tomorrow’s edition.)
Yesterday’s trivia: Yesterday we asked you for the currency of Poland. That would be the złoty, which — as of this writing — is worth about 26 cents.
New Yorkers march in support of universal healthcare this summer. | LightRocket via Getty Images
Americans are furious about the state of our healthcare system.
A recent KFF poll found 60 percent of US adults worry about the cost of medical care — more than gasoline, food and groceries, or their rent or mortgage. One in three Americans say they worry every day or almost every day about their ability to afford healthcare, per a new survey from the Pew Research Center. There seems to be a growing appetite for reform, too: More than 65 percent of Americans say they support the government spending more tax dollars to lower healthcare costs.
Democrats are trying to weaponize those frustrations against the Republicans who currently hold Congress and the White House. By a 2-to-1 margin, voters say they trust Democrats over Republicans on healthcare. That could mean single-payer Medicare-for-all or a new public insurance option or maybe something else. What all this energy leads to will depend on what happens in November. The candidates themselves are framing the stakes in those existential terms.
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“Medicare for all is where we need to go,” Abdul El-Sayed, the Democratic candidate in the Michigan Senate race whose support for the policy has been widely covered, said during an August interview with CNN. “And my hope is, both coming out of the 2026 midterms and then out of 2028, that we’re going to be on our way to a Senate majority to be able to get this done.”
Real change will have to wait for the 2028 presidential election and a new occupant in the White House. But this year’s midterms are still a make-or-break moment: The candidates who get elected this year, and how they shape the upcoming presidential primary debate and actions in Congress, will determine whether healthcare reform happens at all.
If you’re fed up with the state of American healthcare, and you want to see a change, you should show up for the midterms on Tuesday, November 3.
Big midterm wins can beget big healthcare wins
The classic pattern in American elections is that more voters go to the polls during presidential campaigns than during the midterm elections when only House and Senate seats are on the ballot. Turnout has started to tick up for the midterms in recent years, but it still trails behind presidential years. Midterms suffer from the perception that there’s not as much at stake if the White House is not on the line.
But that’s never been strictly true.
Midterm elections are extraordinarily important in shaping the future of policymaking, even if the payoff is delayed. They help determine both the character of the Congress that could eventually pass a major bill after the next presidential election, and the kind of ideas and policies that are going to be prioritized.
“Voters should see 2026 and 2028 as the elections that will guide the next big change in our healthcare system,” said Natalie Davis, CEO and co-founder of the advocacy group United States of Care, in a statement to Vox. “These elections will be how voters’ demands are heard — and will tell us whether the next real window for change will come with serious reforms or missed opportunity.”
A walk through the recent history of healthcare reform should help make the stakes of the 2026 elections clear.
In 2006, the national mood looked similar to what we’re seeing today. A very unpopular Republican president was in office, and the country had soured on his agenda. George W. Bush’s foreign wars and his misguided attempt to overhaul Social Security gave Democrats an opportunity to win big in the 2006 midterms — and they did. Dems won more than 30 seats and secured a comfortable majority in the House. In the Senate, they won six seats and narrowly took control of that chamber too.
It was a resounding rejection of the Bush administration, and it set up the next decade of Democratic policymaking. At the highest level, the midterms gave energy to the progressive wing of the Democratic Party, united as they were around their opposition to the Iraq War, and that energy carried over to the presidential primary. Barack Obama defeated Hillary Clinton and won the presidency, springboarding off of the excitement that started with the 2006 elections.
Dems’ success in the midterms also helped put lowering healthcare costs at the forefront of the Democratic agenda. That encouraged both Obama and Clinton to develop detailed healthcare policy proposals during their primary campaigns and ultimately set the stage for the Democrats to pursue the Affordable Care Act once they had full control of the government in 2009.
And then there is the literal size of the congressional majorities that parties need to pass their agenda. Voters may not spend much time thinking about whip counts, but one or two elections in a midterm year can ultimately decide the fate of the next president’s agenda.
Part of the reason Democrats were able to pass the ACA was that they built on their huge wins in 2006 with more wins in 2008 and held massive congressional majorities once Obama was sworn in. And once the debate over healthcare reform really got started, they needed every single vote. It was especially important in the Senate: Democrats had exactly 60 votes in 2009. That meant if all of them united together, they could pass filibuster-proof legislation — so long as nobody defected. That was only possible because in 2006 Mark Pryor won a Senate seat in Arkansas, Sherrod Brown triumphed in a Senate race in Ohio, and Jon Tester beat an incumbent Republican in Montana.
Without those wins in 2006, the Democratic legislative agenda in 2009 would probably have looked different. They might’ve had to pursue a more limited healthcare reform plan; maybe the ACA wouldn’t have passed at all.
What kind of Democrats will be on the rise in 2028?
The 2006 midterms both created the opportunity for the ACA — and set the limits on what the legislation could actually achieve. Democrats had that 60-seat Senate majority, but within it were many more moderate members. Policies like the public option (which would have authorized the government to create its own health insurance plan to sell alongside private insurance) couldn’t get sufficient support. That is the dilemma of policymaking: You need those swing-seat members to win, which often means tacking to the center, but you also can’t pass anything they won’t get on board with.
Nevertheless, that is a good kind of political problem to have, one which Democrats would be thrilled to face in January 2029. All of which brings us to 2026. What are we going to do now?
It all starts with the vote count. Most projections expect the Democrats to win between 10 and 20 House seats. But the difference between 10 and 20 could be substantial. The cushier the majority, the further you can push the policy agenda. More than 30 House Democrats actually voted against the ACA, but they could still narrowly pass the bill because of the huge majority that they had started building in 2006.
If you live in one of the districts — like Arizona’s Sixth or Colorado’s Eighth or Florida’s 22nd, to name just a couple of the 21 toss-up races identified by the Cook Political Report this year — that forecasters say is competitive this year, you could have an outsized say in what the future of policymaking looks like. But even in safe districts, you should vote: Elections are the most reliable way we have to gauge public opinion, and strong victories for the candidates who prioritize healthcare send a message.
The same goes for the Senate. If Democrats sweep all of the competitive races, they could have up to 55 seats in the Senate in 2027 — with a chance to build on it in 2028. If you are a voter in Kansas, Michigan, Ohio, Texas, Alaska, Maine, New Hampshire, or Iowa, your ballot carries extra weight for the next steps in US healthcare reform. If the Democrats can reach 60 votes again in 2029, they would have much more flexibility about what to pass. Even if they fall short of that magic number, the more of a cushion they have above 50, the more likely that their Senate leaders can find support for altering Senate rules for the filibuster and get an ambitious bill approved.
How you can get involved this election
If there is ever going to be a path to a true healthcare overhaul, it starts with this year’s elections. If you want to see a change, you can vote — and you can do more than that.
The results of this year’s midterms will also set the terms of the debate among Democrats. We are likely to see “show” bills advanced by Dems next year that may have no chance of being signed by President Donald Trump, but that will give us a sense of what kind of policies the party wants to pursue and how much support there is for them. Believe it or not, the first Medicare prescription drug negotiations bill passed the House in 2007 after Democrats’ big wins in 2006 — even though the policy didn’t become law for another 15 years. The broader public may not pay much attention to this kind of doomed-to-fail legislation, but it is often a window into the future.
“One challenge for Democrats is finding the next big health care idea beyond the Affordable Care Act that will resonate with voters and respond to their affordability concerns,” said Larry Levitt, executive vice president for health policy at KFF. “One big difference between now and 2006 is that back then there was already a lot of coalescing around ideas that ultimately led to the ACA. All the major Democratic candidates for president in 2008 supported something like that. I’m not sure that’s true now, at least not yet.”
Democrats are already aligning on a wide range of healthcare ideas, from reviving the public option to free primary care to the full-blown Medicare-for-all supported by progressive candidates, some of whom are in competitive elections. If El-Sayed wins the Senate race in Michigan, for example, that could supercharge a debate around Medicare-for-all. It could also provide momentum to any progressives who run for president — Alexandria Ocasio-Cortez, to name one obvious example — and decide to make Medicare-for-all a pillar of their platform.
But if El-Sayed and other progressives were to fall short, that could make Democrats more timid about being ambitious in the 2028 campaign and afterward. Still, he’s far from the only candidate in a crucial race to put their support behind Medicare-for-all. There is Randy Villegas in an important California House race. Troy Jackson has bet on it as part of his bid to topple Sen. Susan Collins in Maine. All of these races will send a signal to the party about what the public wants and is willing to turn out for.
In some ways, winning elections is the easy part. Legislating is hard, and any eventual healthcare law will surely involve compromises and unexpected surprises. Who knows what will be happening in the world in 2029?
“The bottom line is: 2026 is a healthcare election,” the leaders of the advocacy group Protect Our Care wrote in a campaign memo this month. “After November, it’s up to Democrats to keep up the fight to deliver relief to families and make healthcare affordable and accessible for every American.”
Rep. Ilhan Omar (D-MN) poses for a portrait in her office on Capitol Hill on Wednesday December 10, 2025. | Demetrius Freeman/The Washington Post via Getty Images
Welcome to The Midterms, Actually. Every week I’ll be writing about two things: one big idea or trend I see forming across the 2026 primaries, and one thing I’m hearing from a voice on the ground. Let’s get into it.
One thing I’m thinking about: Electability and identity are intertwined
On Sunday, former President Barack Obama did something most others seemed to avoid: He called out the Trump administration’s targeting of Rep. Ilhan Omar.
The administration, Obama wrote, is “actively trying to deport Congresswoman Omar” over a theory he called unsubstantiated: that she was 18, not 17, when her father was naturalized. The effort, he said, “should outrage all Americans, regardless of how they feel about Congresswoman Omar’s political views.”
The statement stands in contrast to the mixed response of Democrats on the campaign trail and the relative silence of the mainstream press. House leadership put out a statement condemning the raid — but there’s been nothing from Senate Democratic leadership and little from the crop of elected officials expected to run for president in 2028.
As The Intercept’s Adam Johnson pointed out, the August 2025 raid on former Trump adviser John Bolton drew scathing editorials from the New York Times, Washington Post, and the Wall Street Journal within days. The same goes for other ways Trump has weaponized the federal government against his political enemies, from the cases against James Comey and New York Attorney General Letitia James to the pursuit of Federal Reserve officials (Obama named all three in his statement). Omar’s raid has drawn much less intense coverage. Last week, I got three requests from cable outlets to discuss “news of the day” — each mentioned fired White House press secretary Katie Zacharia, new midterms polling, and some combination of Pete Hegseth and the war with Iran. None mentioned Omar.
The entire episode has reminded me of Trump’s targeting of Black journalists like Don Lemon and Georgia Fort. Earlier this year, they were indicted after covering an anti-ICE protest that disrupted a service at Cities Church in St. Paul, and both have pleaded not guilty. In that case, there was also a muted reaction from the establishment press, possibly because of mixed feelings about Lemon personally or the lack of solidarity with independent Black media. Still, that silence was shortsighted, as the Trump administration used the incident as a stepping stone to target the wider media apparatus (See: Trump’s September attempt to bar CNN, MS NOW, and Politico from the White House).
With that in mind, I don’t think it’s hard to guess why Omar hasn’t received the fulsome backing of her party. I don’t think it’s the merits of the case: She hasn’t been charged with a crime, and the theory depends on a decades-old immigration filing by a father who died in 2020. It’s likely the fact that the Minnesota progressive has herself had a tense relationship with the Democratic establishment. That dates back to the 2019 fight over comments Omar made about the influence of the pro-Israel lobby in Congress, which some took to be antisemitic. In recent weeks, Minnesota Democrats, including Rep. Angie Craig and Sen. Amy Klobuchar’s office, criticized Omar’s plans to appear at an October 26 event hosted by state Sen. Omar Fateh with Hasan Piker, the controversial leftist Twitch streamer who has become a lightning rod in this year’s primaries.
But there’s another factor that we should also name in this episode: Islamophobia. As I discussed with Mehdi Hasan on Substack Live a couple weeks ago, the rise of the progressive left cannot be untangled from Muslim elected officials who have become its face: Omar in Minnesota, Abdul El-Sayed in Michigan, and Zohran Mamdani in New York City. And in each case, these candidates have faced attacks that explicitly seek to frame their religion and identity as inherently anti-American, a threat not only to our national values but our democracy itself.
Asked on CBS whether he believed El-Sayed was a terrorist, Republican Mike Rogers said to “look at the data — it’s pretty clear.” In a recent television ad (a seven-figure buy titled “Threat”) launched by Rogers and the National Republican Senatorial Committee, its narrator says, “Abdul raises money from dangerous people who finance terrorist networks,” tying the candidate to the Muslim Brotherhood and al-Qaeda. The NRSC’s ads also notably use his full name, Abdulrahman Mohamed El-Sayed.
But importantly, it’s not just Republicans engaging in overt bigotry. They have also been aided by moderate Democrats and the press, who have used the guise of “electability” to beat the same drum. Think back to the New York City mayoral race, where (Democrat!) Andrew Cuomo spent the final weeks running a campaign virtually indistinguishable from the tactics of the MAGA right. On a radio show, host Sid Rosenberg said Mamdani would cheer if another 9/11 happened, and Cuomo laughed, seeming to agree. Cuomo’s X account even posted, then deleted, an AI-generated ad called “Criminals for Zohran Mamdani,” which opens with a fake Mamdani eating rice with his hands. The campaign blamed a “junior staffer.”
The worst part: In following Republicans down the road of interrogating the Scary Muslims, we perpetrate a form of hate that has real costs. Just this May, two teenagers opened fire at the Islamic Center of San Diego, killing three people, and left behind a manifesto invoking the Christchurch mosque shooter. Analysts at the Anti-Defamation League found it expressed sweeping hatred of Muslims, Jews, Black and Hispanic people, and the LGBTQ+ community.
And journalistically, we avoid a more nuanced conversation that is the one worth having: the connection between identity and electability.
And journalistically, we avoid a more nuanced conversation that is the one worth having: the connection between identity and electability. The discussion about candidates El-Sayed and Mamdani, to this point, has focused on whether their progressive policy stances can play well in a general election. However, research shows that while candidates of marginalized backgrounds (women, Black and Latinos, Arabs, etc.) face an electoral penalty from voters regardless of ideology or political party, that’s especially true for Muslim candidates. A study of state legislative races in Politics and Religion this year found Muslim candidates were roughly 16 percentage points less likely to win general elections than non-Muslim candidates, and 10–15 points behind other racial minorities. Experiments by the political scientist Nazita Lajevardi, cited in that paper, found voters about 10 percent less likely to pick a Muslim candidate over a white one, with religion rather than race as the trigger.
This would seem to explain some of the reason El-Sayed seems to be running behind other Senate Democrats (if we believe the polling). But you rarely hear that reasoning given by the electability crowd, who more than often cites his progressive beliefs, and are we just supposed to nominate Christian white guys forever?
Here’s what is undeniable: Republicans have become quite adept at putting minority communities against each other in the Trump era, and they’re running that playbook in Michigan. Whether it’s telling Black communities that emerging immigrant populations are taking their jobs or telling immigrant communities that Democrats are too focused on Black issues, the strategy has been to exploit the racial tension at the heart of the Democratic base. And to some degree — it’s working.
In an August interview with Clay Cane at The Grio, a Black-focused outlet, El-Sayed said “mistrust among Black folk in Metro Detroit is well-founded,” pointing to what he described as tensions between some Arab and Muslim business owners. And the skepticism runs the other way too — as part of the difficulty El-Sayed has faced in Black communities is tied to the Islamophobia among that voting block. One example: At a July campaign event for Haley Stevens, a Farmington school board trustee told a Michigan Chronicle reporter, “Don’t just come in here speaking Arabic,” remarks the Council on American Islamic Relations condemned as anti-Arab racism and many read as aimed at El-Sayed. At an August 19 press conference, an older Black man in Detroit shouted at El-Sayed, “He’s an Arab — he don’t care nothing about Black folks.”
The layered nature of this issue should not be hard to grasp. Ask liberals about the 2024 election, and they are quick to point out the racism and sexism faced by candidates like Kamala Harris, and rightly argue that impacted her “electability” just as much as her refusal to break from President Joe Biden or embrace a clear ideological lane. But they conveniently leave out the importance of identity when it comes to Omar, El-Sayed, Mamdani, or even candidates like Francesca Hong in Wisconsin or Angie Nixon in Florida. As Zaid Jilani wrote recently, establishment Democrats are “effectively denying that prejudice exists in the United States if they’re really going to argue that Abdul El-Sayed will perform a few points behind other Democrats because of his PolIcY ViEwS rather than the GOP hating Muslims for 25 years.”
But we should be clear: “Hating Muslims” is not a prejudice that’s limited to the GOP, just as issues like racism, sexism, or antisemitism aren’t housed on one side of the aisle either. And in selectively ignoring the central role that prejudice plays in electoral politics — yes, even with progressive candidates — electability-focused Democrats aid the GOP’s desire to sow discord among their base.
The main reason for Democrats to stand up for Omar or El-Sayed is because it’s right, and they, too, have a place in American democracy. But at minimum, Democrats should see that in ignoring explicit Islamophobia — on the campaign trail or in the White House — they are being rather shortsighted. Trump’s campaign of retribution is unlikely to spare any enemy. Muslims may be the focus right now. But there’s no telling who’s next. You’re either for a multiracial, multifaith coalition — or you’re not.
One thing I’m hearing
This week, we talked to Christian Paz, a Vox correspondent covering national politics and American religion. He’s been reporting from Kansas for an upcoming story on pastor and Democratic Senate candidate Adam Hamilton, whose race has emerged as a major campaign battleground in the final stretch. I wanted to ask him how Hamilton’s faith is shaping his campaign, what he is hearing from voters, and what the race could tell us about the Democrats’ ability to compete in long held Republican states.
How is Adam Hamilton’s background as a pastor shaping his pitch, and what is he doing differently from other Democrats?
Watching Hamilton on the trail, it was remarkable to me how much his Methodist faith was at the heart of everything he talked about: about healthcare, climate, immigration, and foreign policy, about how his personal views either conflict with or bolster his policy stance, about how Trump and the GOP have failed Kansans, and about why he even decided to run (after he spent time dwelling on the Sermon on the Mount). He tailors his stump speech to different audiences, of course: At a progressive book shop, he leaned into a more anti-Trump speech; at a senior center he talked up his more conservative viewpoints on immigration and climate; at a Republicans for Hamilton rally he talked about the political center and why he wants to build a big tent; at a chapel, he led the audience in singing a hymn and quoted extensively from the Gospels as he shared his personally “pro-life” views — but it was all not just tinged, but immersed in Christianity.
“The race already tells us a few things, regardless of who wins or loses: Democrats should be creating opportunities to elevate religious people or clergy who want to run for office.”
It’s something I’ve only seen people like Rev. Raphael Warnock do, when speaking at churches on the campaign trail in 2020 and 2021. And it was different from James Talarico too — this guy leads a megachurch, and at times can slip into a kind of evangelical tone. That’s all pretty different than any other Democrat I’ve watched this cycle.
Hamilton needs to win over Kansans outside his party to have a shot. What were you hearing on the ground talking to voters?
The faith pitch is a huge part of why it does seem like he has a shot at winning: It doesn’t seem like he’s adopting or borrowing the language of the faithful, or their aesthetics, to talk politics, or just pitching the political center as a way to persuade voters. It’s that he’s adopting the tone and language of politics to talk about his faith — not the other way around. And the result is that when he talks about building a big tent, holding heterodox views, coexisting with people you disagree with — people trust and believe him.
I think I talked to more actual independents and Republicans who are backing Hamilton than actual die-hard Democrats over the days I was in Kansas. Some of these folks have voted at the local level for Democrats before, but tended to vote Republican at the national level. What unified those conversations was the sense that they think Hamilton is authentic, is a moral man with good character, and seems to be truly independent.
Others, including Democrats, said they appreciated how much time Hamilton spent talking about freedom of religion and diversity of thought — they liked that he would preface his religious talk with assurances that he wasn’t trying to convert anyone or force religion into people’s lives, but would also say he wasn’t going to compromise on it because of how genuinely he believes those things.
What could this race tell us about Democrats’ ability to reach religious voters in other Republican states?
The race already tells us a few things, regardless of who wins or loses: Democrats should be creating opportunities to elevate religious people or clergy who want to run for office. Those who aspire to run for office should also feel more comfortable talking about their faith if it’s actually a part of their lives. And Democrats shouldn’t feel beholden to the secular/atheist/none of the above/nothing in particular segment of their base because that isn’t big enough to actually win elections.
Democrats have tended to voice sympathy with the accuser, saying that they stand with her and other victims. Rep. Alexandria Ocasio-Cortez (D-NY) said there was “a culture of rape, sexual assault, and pedophilia” in elite institutions across the country. Michigan Senate candidate Abdul El-Sayed said Cornell “protected her abusers, letting them off with a slap on the wrist.”
Key takeaways
In the wake of the Cornell rape allegations, advocates for victims of rape and sexual assault are renewing a push for New York to close what they call the “voluntary intoxication loophole” in state law.
This proposed change would make it easier for prosecutors to argue that people can be too intoxicated to consent to sex, even if they are conscious and haven’t explicitly said no.
But this reform effort has met resistance from key parts of the progressive coalition who are skeptical of the criminal justice system; they fear new tough laws will be weaponized against minority groups and contribute to mass incarceration.
New York Gov. Kathy Hochul said the accuser was “failed” by local police and county prosecutors who did not bring charges, so Hochul appointed state Attorney General Letitia James to take over the investigation. Days before that appointment, James posted on social media that “what this young woman has been forced to endure is horrific and unacceptable,” adding: “To her, and to all survivors: you’re not alone. We stand with you.”
Some Republicans, meanwhile, are accusing Democrats of rushing to judgment. Saritha Komatireddy, who is running for attorney general of New York against James, said in a debate that James had “screwed this one up by prejudging it.” The investigation, Komatireddy said, “requires someone who approaches the case with fairness, impartiality and integrity.” And right-wing commentators like Megyn Kelly and Ben Shapiro have questioned the accuser’s story.
But beyond the procedural fight over this particular investigation, many Democrats have also called for changing the law to make cases like it that involve drugs or alcohol easier to prosecute in general.
This might seem like a clean issue for the party, in line with prior progressive efforts to crack down on sexual assault via Title IX and expanding statute of limitations laws.
However, it’s not so simple: According to my conversations with experts and advocates involved in these reform conversations, this is where the Democratic unity begins to fray, because of a divide between two key parts of the progressive coalition.
The impulse to create stronger protections for victims has crashed into the left’s longstanding suspicion of the criminal justice system. And as a result, a coherent policy response has been hard to craft — and may end up being impossible to get agreement on.
On one side are advocacy groups for women and for victims of rape or sexual assault. They argue that current law — in New York and other states — makes it far too difficult to successfully prosecute perpetrators, and that it should be changed. They’ve advocated for closing what they call the “voluntary intoxication loophole,” which they say makes it harder to prosecute abusers of victims who have willingly consumed drugs or alcohol.
On the other side are various progressive or left constituencies that are deeply skeptical of the criminal justice system. These constituencies — which include key figures in New York’s Black political establishment, public defenders, supporters of criminal justice reform, and members of the Democratic Socialists of America — are united by a shared antipathy to mass incarceration and what they see as disproportionate police targeting of minority communities.
The former camp argues that false rape and sexual assault allegations are vanishingly rare, that these crimes are hugely underpunished, and that the law needs to be updated to make these prosecutions easier. But the latter camp argues that Black and other nonwhite men are oftenfalsely accused, and that it would be unwise to hand prosecutors another tool they could use to put men in jail in cases where ascertaining consent is more difficult.
It’s a fraught debate. Modern-day progressives have strongly backed the Me Too movement as well as campaigns for racial justice and criminal justice reform. Progressives want to be on the side of victims against the privileged and powerful — but sometimes, they have different ideas about who falls into which category.
The legal issues around “voluntary intoxication” and rape charges, explained
The current controversy in New York focuses on efforts to close what advocates call the “voluntary intoxication loophole” in rape and sexual assault law.
Every state says rape is a crime. Every state says it’s a crime to have sex with someone who is unconscious. And every state says it’s a crime to have sex with someone who is incapacitated due to unknowingly being dosed with drugs.
But what about someone who chooses to drink or take drugs, who remains conscious, and who doesn’t outright refuse consent? Should there be a standard by which the law deems that person incapable of meaningfully consenting, because they are too intoxicated?
Many states have long had laws on the books saying yes — that someone who voluntarily drinks or does drugs can reach a state where they are too mentally impaired to consent to sex, even if they’re conscious and capable of communicating. But about half of states don’t have such a law, according to the Associated Press. And this hasn’t been an especially partisan issue to this point, with a mix of red and blue states adopting each standard.
The push to change the law in New York predates the Cornell case, and goes back to the late 2010s. At that time, the Me Too movement had put Manhattan District Attorney Cyrus Vance Jr. in the hot seat, with advocates criticizing him for not initially prosecuting Harvey Weinstein and arguing he was soft on rape and sex crimes generally.
In the midst of pivoting on the issue (he had Weinstein indicted in 2018), Vance claimed that, in certain of these cases, his office was hamstrung by what he called a “loophole” in New York law involving intoxication. “Prosecutors cannot bring sex crime charges in cases where the victim became voluntarily intoxicated and was unable to consent,” he wrote in a letter. So really, Vance said, it was on the legislature to change the law.
Quickly, critics argued that Vance had misstated the law, saying it was not actually true that a loophole allowed people to rape voluntarily intoxicated New Yorkers with impunity. Vance’s office later acknowledged that his initial comments were “inartfully put.”
The problematic cases, Vance’s team argued, were about victims who were “too intoxicated to consent” but who were also at least partially conscious and didn’t outright express their unwillingness — this, they said, was the “gap in the law.” “There’s a real problem that we have with people getting drunk and then being taken advantage of,” Vance said.
So some Democrats and groups advocating for victims of sexual assault and rape kicked off an effort to change that law, in New York and elsewhere. Their favored bill says that lack of consent can be established if an alleged victim is “temporarily incapable of appraising or controlling their conduct” — and if the accused knew or reasonably should have known that.
Critics argue, though, that such bills go too far, and could make it easier to prosecute sexual encounters that, to the accused, seemed consensual.
“The proposed legislation fails to provide any objective guidance about when a partner is too intoxicated to legally agree to engage in sexual conduct,” the New York State Association of Criminal Defense Lawyers said in an emailed statement.
Skeptics of the bill outlined several scenarios that concerned them, including scenarios where one person seems to consent but later decides that, in retrospect, they were too intoxicated for it to have truly been consensual.
“You get all these scenarios where two people meet up at a bar and they both become voluntarily intoxicated,” said Yung-Mi Lee, a public defender and a former president of New York’s criminal defense lawyers association. “So then, if someone later says, ‘I was voluntarily incapable of appraising my conduct, I lost my inhibitions,’ they could say, ‘You committed a rape against me.’”
To advocates for victims’ rights, these concerns are overstated. “The burden that’s placed on a victim of sexual violence is such a large burden to bear in the first place that these changes to the law are really just slightly opening the door,” Rebecca Zipkin of the advocacy group World Without Exploitation told me.
“The current situation is not working to provide justice for survivors,” Stefan Turkheimer of RAINN, a network for rape and abuse survivors, told me. “The status quo is not okay.”
Why it hasn’t passed in New York
Versions of the voluntary intoxication bill have been signed into law in recent years in Minnesota, Michigan, and Texas. The bill has also repeatedly passed the New York state Senate by overwhelming margins. But it has never been brought to a vote in the lower chamber, the New York state Assembly.
That’s because, advocates for the bill told me, they’ve faced resistance from some influential parts of the Democratic Party and progressive coalition.
Indeed, the skeptics are said to include two factions that are often at odds: New York’s Black political establishment and the Democratic Socialists of America.
Assembly Speaker Carl Heastie controls which bills come to a vote in his chamber. He was an architect of the state’s sweeping bail reform law, a critic of what he called the existing “racist and classist system,” and has said he would be “a failure as a Black man” if he did not pass criminal justice reform.
“It is generally known that Speaker Heastie does not believe in creating new crimes because he believes New York suffers from overincarceration,” Lizzie Asher, an advocate for changing the law and a co-founder of the Justice Without Exclusion Coalition, told me. (Heastie has said that he did not bring the bill to a vote because it lacked enough support among his chamber’s Democrats.)
Assembly member Latrice Walker is another champion of criminal justice reform; she even did a hunger strike in 2023 to protest rollbacks to the bail reform law. She spoke out about her concerns about the voluntary intoxication bill earlier this year, telling the New York Times that while she wanted survivors to get justice, she was “cautious about the creation of new laws and our duty to preserve due process protections.”
Zipkin and other advocates have also pointed to the six DSA-affiliated members of the assembly, who are associated with a general skepticism about the criminal justice system and incarceration, as a potential obstacle. None are currently listed as cosponsors of the bill. Back when Zohran Mamdani was in the assembly, he too declined to sign on, advocates noted.
The DSA as an organization is very critical toward the police and prison system; many DSA members have called for defunding or abolishing the police in the past, and the DSA’s national platform still holds out “fully abolishing the police and prison system” as a long-term goal.
These objections may be harder to maintain amidst a wave of outrage around the Cornell case. Speaker Heastie announced he was creating a working group to reexamine the voluntary intoxication issue. The group includes Walker, whose office told Vox she would not comment on the law while “they undertake their important work.” Heastie told the group to give him recommendations by the end of the year, for consideration in New York’s 2027 legislative session.
Is this a bigger divide among progressives?
The divide is coming into public view due to national attention on the Cornell case — but it’s long predated the current moment.
Back in 2016, a California judge gave Brock Turner, a Stanford swimmer convicted of sexually assaulting an unconscious woman behind a dumpster, a six-month jail sentence. Advocates for victims’ rights were furious at what they deemed an inexcusably lenient punishment; nationwide outrage and an ultimately successful campaign to recall the judge ensued.
But some progressive supporters of criminal justice reform felt queasy about the idea of punishing a judge for not locking up a defendant long enough. Skeptical of the criminal justice system and the value of incarceration, they worried this public fury would incentivize judges to be harsher across the board.
“What ultimately will happen is that the people that we represent — people of color, minorities, the disenfranchised, the poor in our communities that make up the people ensnared in our criminal justice system — they’re the ones that are going to bear the cost of this recall,” Sajid Khan, a public defender in Santa Clara County, California, said in 2018.
In practice, these two groups of advocates have generally managed to coexist in the progressive coalition. That’s in part because the Me Too cases that get the most attention have tended to be from white-collar work environments or college campuses, rather than in the dispossessed or marginalized populations that criminal justice reformers are more typically focused on.
But some argue that there’s a more fundamental tension here. Aya Gruber, a professor at the USC Gould School of Law, has written a book arguing that feminists’ efforts to ensure rape and domestic violence are punished more severely have, in practice, ended up contributing to racist mass incarceration.
“I just think it is a really dangerous thing to start expanding the criminal law in ways that grant all this power to prosecutors,” Gruber told me. “This idea that somehow all this cultural power is going to be used against already privileged people and thus have some sort of egalitarian aspect to it makes it very tempting. But we can identify populations that are more heavily policed, and they are generally not privileged populations.”