Victories for Liberty, Property Rights, and Nondiscrimination on Three Major California Ballot Measures

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While the final vote count is not yet known, I am happy to report that there have been good results on at least three of the four important California ballot measures that I discussed in this post. California voters overwhelmingly rejected Proposition 16 (which would have legalized racial, ethnic and gender preferences) preferences in admissions to state universities, and the hiring of government employees and contractors. They also rejected Proposition 21, which would have expanded rent control in the state. On the other hand, they voted for Proposition 22, which exempts app-based transportation and delivery drivers (like those work for Uber and Lyft) from California’s terrible AB 5 law, which forces employers to classify these and many other “gig economy” workers as full-time employees. All three of these results appear to have been decided by large double digit margins.

The vote is still too close to call on Proposition 15, which would eliminate some key limitations on property taxes. But as of the time I am writing this post, the “no” side has a narrow lead of about 3 points, with over 70% of the vote counted. If that lead holds up, it too would be a good result.

In my previous post on these ballot measures, I explained their broader significance for the nation, as well as for the state of California. I am a particularly hopeful that the defeat of Proposition 21 will break the momentum of the broader national movement to expand rent control, and that the success of 22 will undermine efforts to pass imitations of AB 5 in other states or—worse still—enact a nationwide version.

NOTE: As indicated in my last post, my wife Alison Somin has been involved in efforts to oppose Proposition 16. Her employer, the Pacific Legal Foundation, has represented plaintiffs in litigation challenging the constitutionality of AB 5. I do not have any financial stake in either effort, and my views on both issues are ones I have held since long before Alison took a position at PLF in May of this year. But I disclose this information for the sake of transparency, and to avoid any imputation that I’m somehow hiding a conflict of interest.

 

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Massachusetts Voters Affirm the Right To Repair Your Own Car

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The most expensive ballot initiative campaign in Massachusetts history ended with a resounding victory for property rights as voters approved the so-called “right-to-repair” ballot initiative.

With more than 96 percent of precincts reporting by Wednesday afternoon, nearly 75 percent of voters had approved Massachusetts Question 1. The initiative’s passage means that car manufacturers will be required to provide vehicle diagnostic data to consumers and independent mechanic shops. Voters in the state approved a similar right-to-repair ballot measure in 2012, but this year’s election closes a loophole that auto manufacturers had been using to skirt the requirements established by that earlier vote.

The state’s existing law—which became the basis for new national standards implemented by the auto industry in 2014—required that vehicle diagnostic data was made available via an open platform. In short, that means that if you own a Toyota, you don’t have to go to a Toyota-affiliated repair shop to find out why your “check engine” light is on. Any repair shop can plug a device into any car and read the data.

But the earlier law exempted wireless data transmitted via a car’s telematics system. Increasingly, car manufacturers have been relying on telematics to transmit crucial data, potentially leaving independent repair shops in the dark. The new ballot initiative closes that loophole and requires wirelessly transmitted data to fall under the same open platform rules starting in 2022.

What might seem like a technical adjustment to a pretty uncontroversial rule, however, turned into a major political battle in the state. The Massachusetts Right To Repair Coalition, a campaign group formed by independent mechanics and national car repair chains like Auto Zone and O’Reilly Auto Parts, dumped more than $24 million into the race. The Coalition for Safe and Secure Data, a group backed by Ford, General Motors, Toyota, and other car manufacturers, spent more than $26 million opposing the initiative.

Much of the campaign centered around sensational accusations that the initiative’s passage would allow cars to be remotely hacked for nefarious reasons. Even the National Highway Traffic Safety Administration waded into the fight, warning in a letter to lawmakers in July that Question 1’s passage would create “an incredible amount of danger.”

Even though there are “some genuine concerns that increasing access to a car’s data could set the platform up for cybersecurity vulnerabilities,” Reason’s Scott Shackford explained last month, “that’s an argument about being careful with technological development, not an excuse for depriving consumers of access to the data produced by the vehicles that they own.”

Consumers should have the right to control the data created by the products they own—and that’s true not only for automobiles. Consider the outcome of this expensive ballot initiative fight in Massachusetts to be one more small victory for freedom on an Election Day where that was an under-the-radar trend.

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Victories for Liberty, Property Rights, and Nondiscrimination on Three Major California Ballot Measures

CaliforniaFlag3

While the final vote count is not yet known, I am happy to report that there have been good results on at least three of the four important California ballot measures that I discussed in this post. California voters overwhelmingly rejected Proposition 16 (which would have legalized racial, ethnic and gender preferences) preferences in admissions to state universities, and the hiring of government employees and contractors. They also rejected Proposition 21, which would have expanded rent control in the state. On the other hand, they voted for Proposition 22, which exempts app-based transportation and delivery drivers (like those work for Uber and Lyft) from California’s terrible AB 5 law, which forces employers to classify these and many other “gig economy” workers as full-time employees. All three of these results appear to have been decided by large double digit margins.

The vote is still too close to call on Proposition 15, which would eliminate some key limitations on property taxes. But as of the time I am writing this post, the “no” side has a narrow lead of about 3 points, with over 70% of the vote counted. If that lead holds up, it too would be a good result.

In my previous post on these ballot measures, I explained their broader significance for the nation, as well as for the state of California. I am a particularly hopeful that the defeat of Proposition 21 will break the momentum of the broader national movement to expand rent control, and that the success of 22 will undermine efforts to pass imitations of AB 5 in other states or—worse still—enact a nationwide version.

NOTE: As indicated in my last post, my wife Alison Somin has been involved in efforts to oppose Proposition 16. Her employer, the Pacific Legal Foundation, has represented plaintiffs in litigation challenging the constitutionality of AB 5. I do not have any financial stake in either effort, and my views on both issues are ones I have held since long before Alison took a position at PLF in May of this year. But I disclose this information for the sake of transparency, and to avoid any imputation that I’m somehow hiding a conflict of interest.

 

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Here’s Why Both Bonds & Stocks Are Bid

Here’s Why Both Bonds & Stocks Are Bid

Tyler Durden

Wed, 11/04/2020 – 14:10

US equity and bond markets are at face-value in disagreement over how ‘great’ whatever headline you choose to consider descriptive of the current state of play with the election.

Stocks are soaring, led by growthy mega-tech names…

And bonds are aggressively bid with long-end yields down dramatically overnight…

So WTF is going on?

Well, first things first, what happened overnight was the end of the ‘blue-wave’ massive-stimulus spend narrative, which has a definite ‘deflationary’ impact on the economy…

And that has forced and unwind of the reflation trade and a reversion into growth stocks…

Furthermore, as Charlie McElligott had warned, the massive ‘crash risk’ positioning into the election was always going to act as a catalyst for volatility collapse if the worst case scenario did not occur.

“I too have pounded the table on the idea that a lot of this sticky vol from over-hedging “crash” event risk could then mechanically “slingshot” Equities higher into the year end, particularly as tail-risk passes and hedges are then unwound back into the market bc those options will be decaying hard into imminent expirations.”

And that’s what we’re seeing in VIX…

“So in the sense that last night saw us clear said “left-tail” crash-risk of a shock “Blue Wave” and the negative long-term implications of “magnitude” higher taxes and re-regulation, we are then rationally beginning to see implied vols and “Vol of Vol” get hammered and helping my thesis realize today (UX1 -2.9 vols, VVIX -16.7), which to me confirms that Vanna flows alone are going to be very supportive of higher Equities prices from here, especially as divided government will keep the pressure on the Fed to maintain max “easy” financial conditions going-forward in the background”

On the bond side, clearly a deflationary impulse is ‘bullish’ but there is a massive, record, overhang of short positioning that is about to (or is already) feeling serious squeeze pain…

“The bond market was efficiently priced for a blue sweep and potential for higher deficit spending,” said Subadra Rajappa, head of U.S. rates strategy at Societe Generale SA. Now, “it is looking less likely that we will have the final results soon. So you are seeing a flight to safety as bond investors brace for uncertainty.”

A record short by a long way…

The US election was supposed to pave the way for a sell-off in Treasuries as a blue-wave spending spree sparked inflationary excess, but the opposite has happened in a race that remains too close to call (stripping us of concerns surrounding the long-term negative implications of higher taxes and wholesale re-regulation of US industry) and has killed the blue wave narrative.

“The close fight has raised the specter of contested elections and thrown doubts over fiscal stimulus,” said Eugene Leow, a fixed-income strategist in Singapore at DBS Group Holdings Ltd. “Depending on how messy things get, 10-year yields can drop to the 0.7%-0.75% area in the short-term.”

Yields on the 10-year Treasury bond fell nearly 14 basis points, the largest daily drop in seven months

“The short Treasuries trade is really coming back to bite,” said George Boubouras, head of research at hedge fund K2 Asset Management in Melbourne.

“Investors are clearly pricing in a ‘no blue wave’ scenario,” a higher possibility of a Trump victory and a more fiscally conservative stance, he said.

And so that’s why both bonds (deflationary regime and short-squeeze) and stocks (growth rotation and crash-risk unwind) are both soaring this morning…

For now, it’s “buy all the things”, but as Simon Harvey, a foreign-exchange analyst at Monex Europe, warned, “a partisan deadlock can be as bad, if not worse, for markets than this prolonged period of uncertainty.”

It “will only lead to markets downgrading their global growth outlook further.”

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How Will The Next President Impact Gold?

How Will The Next President Impact Gold?

Tyler Durden

Wed, 11/04/2020 – 13:56

Authored by Michael Maharrey via SchiffGold.com,

How will the outcome of the US election impact the price of gold moving forward?

Of course, there is no way to know for sure. US politics is just one of the myriad factors that influence the gold market and you never know how things will play out. But there are reasons to believe the future will remain bullish for the yellow metal no matter who ends up sitting in the Oval Office.

As of Wednesday morning, the election was still up in the air. But one thing is clear. It’s not going to be the Biden landslide many expected.

US stock markets rallied Monday and Tuesday before the election on the expectation of a Biden victory and Democrat control of both houses of Congress. This seems counter-intuitive. After all, Biden has promised higher corporate taxes. We know Democrats tend to favor tighter regulations. This hardly seems like an ideal scenario for businesses, and by extension, stocks. But the markets don’t seem to be particularly concerned about the actual economy. It’s all about fiscal stimulus. And most people believe we’ll get the biggest stimulus package the quickest if Democrats control everything in Washington D.C.

But the reality is we’ll almost certainly get stimulus no matter who wins. This economy is built on stimulus. The powers that be will ensure the stimulus spigot stays open. Trump has already said he wants a stimulus package even bigger than Democrats were calling for. And if for some reason they can’t work out a post-election stimulus plan, the Fed will remain poised to inject printed money into the economy. We’ll get more monetary stimulus regardless.

And this is good for gold. Whether the stimulus comes from Congress, or the Fed, or both, the end result is more quantitative easing. That means more inflation. And ultimately inflation is better for gold than it is for stocks.

Big Picture

Historically, the party controlling the White House has had very little effect on the price of gold. According to a World Gold Council Report, dating back to 1971, gold returns were 11% on average per year during Democratic presidencies and 10% during Republican administrations.

Gold returns have been higher in the year following a change of party in the White House, but only marginally. When the challenger wins, gold returns have averaged 6.5% compared to a 7.9% return when the incumbent wins.

The WGC report also points out that while the US is a large market, it is not the sole driver of gold demand. Gold is a global market. The US accounts for only about 7% of physical gold demand. China and India dominate the market, with the Chinese accounting for about 26% of demand and India making up 22%. As the WGC report put it, “There is still a large portion of physical gold demand that is influenced by global dynamics well beyond the US election.”

Of course, American politics does have a major impact on the global economy and world markets, so we can’t simply discount what happens in the US as irrelevant. Nevertheless, the economic dynamics in play won’t shift significantly with the outcome of the presidential election.

Trump nor Biden will wave a magic wand and fix the economic destruction inflicted by government actions in response to the COVID-19 pandemic. The wounds are deep. Neither man will stop overleveraged companies from shutting down. Neither man will put people back to work. All they can do is borrow and spend money – which we’ve already shown is good for gold.

And neither man will alter the monetary policy of the Federal Reserve.

The central bank has already promised it will keep interest rates at zero for years to come. It will continue QE infinity. It has made clear it plans to ignore any inflation threat. And there is no exit strategy from this extraordinary monetary policy. The printing presses in the Eccles Building will continue to churn out dollar bills. It is setting the stage for a major collapse in the dollar and Biden nor Trump will change that.

In my view, that’s the ball you need to keep your eyes on. Presidential politics will be window-dressing. Not irrelevant, but a sideshow. The real action is at the Fed.

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Democrats’ Crumbling Hopes of a Blue Wave Make Divided Government More Likely

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As the final votes continue to be tallied in elections across the country, Democrats are likely to keep their House majority, though hopes of surpassing the GOP in the Senate dimmed on election night as several key Democrat-leaning toss-up races were either called for or led by incumbent Republicans. Such results could set the scene for a divided government, with the Senate acting as a powerful check on a Joe Biden administration should he win the presidency.

In one swing race, Sen. Joni Ernst (R–Iowa) handily bested her Democratic challenger, Theresa Greenfield, earning 52 percent of the vote to Greenfield’s 45 percent. Ernst had been down consistently in the polls, though she came out on top in a final survey before election night. In the presidential race, the state went for Donald Trump.

Perhaps more surprisingly, Sen. Susan Collins (R–Maine) defeated Democrat Sara Gideon in a win that was called Wednesday afternoon. And though the victor of the North Carolina Senate race is yet to be determined, Sen. Thom Tillis, a Republican, has a two percentage point lead over Democrat Cal Cunningham.

To some degree, Collins’s win and Thillis’s likely victory are an indictment of the polling strategy: Virtually every poll showed the two behind their competitors, as if their losses were a foregone conclusion.

Democrats were able, however, to flip two Senate seats: Former Colorado Gov. John Hickenlooper took a seat from Sen. Cory Gardner (R–Colo.), and Mark Kelly bested Sen. Martha McSally (R–Ariz.) for her seat in Arizona.

In Alabama, Republican Tommy Tuberville defeated Sen. Doug Jones, a Democrat, flipping one of the state’s Senate seats back to red, as was expected.

Long shot goals for Democrats included wins in South Carolina and Kentucky, though Republican Sens. Lindsey Graham and Mitch McConnell both won out over their challengers early in the evening. Sen. Steve Daines, a Republican, claimed victory in Montana, pushing back a bid from Democratic Gov. Steve Bullock. The fate of the Georgia race between Republican Sen. David Perdue and Democratic challenger Jon Ossoff is unclear, though as of this writing Perdue holds a 4-point lead. 

If the toss-up races continue to trend in the current direction, Republicans would secure a 52–48 majority—one seat fewer than they currently have, but a majority nonetheless.

Neither Joe Biden nor Donald Trump have been able to claim victory. On Wednesday afternoon, Biden was up in Wisconsin, Michigan, and Nevada with a chunk of mail-in ballots yet to be counted, which typically tilt in favor of Democrats. If Biden ekes out a win, a GOP Senate potentially provides a better outcome than what much of the chattering class predicted: that Biden would enter the Oval Office with a Democratic Senate and House in tow, allowing him unfettered ability to fulfill his full list of $11 trillion campaign promises.

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Another COVID-19 ‘Myth’ Busted: Schools Aren’t Driving Infection Rates, Study Finds

Another COVID-19 ‘Myth’ Busted: Schools Aren’t Driving Infection Rates, Study Finds

Tyler Durden

Wed, 11/04/2020 – 13:30

The return to schools in the US was memorably fraught with doomsayers like Dr. Fauci who at times allied with unions (particularly in America’s biggest districts like in LA, Chicago and New York) to force mayors to agree to lengthy delays of in-person education unless they acquiesced to measures on staffing and resources intended to ensure “teacher safety”.

Months later, the controversy that surrounded President Trump’s attempt to force schools around the country to reopen, something that the media raised a major stink about (accusing the president of endangering the nation’s children for the sake of something as trivial as “the economy”) has all but faded.

A surfeit of testing in the US and across Europe that was carefully monitored and studied by researchers has been carried out. And as Bloomberg reports, positivity rates in places like NYC were “extremely low” – less than 0.2%.

Though we never saw the surge in cases that some feared reopening schools might trigger, infection rates in schools have more or less tracked the rates from their surrounding community.

“You can’t really pull the school out from the community,” said Walter Gilliam, an education policy researcher at the Yale School of Medicine. “The biggest part of this, really, is how do you keep transmission rates in a county to a level that the schools even have a chance? If the transmission rates are too high, there’s just almost nothing they could do to keep it from getting into schools.”

So far, the data show that children are not major spreaders of the virus a) among themselves b) among each other and c) among their parents.

If rates of spread in the community are high, then rates in the schools will be high. This is the reasoning that undergirds decisions in France, Germany etc. that revived most of the restrictions from the springtime lockdowns, with the exception of the schools.

These trends hold true around the world, not just in the US. Research by a third-party nonprofit called Insights for Education examined data from 191 countries and found that the trend was virtually the same everywhere, with rates of infection in K-12 school systems mirroring rates in the surrounding community.

Other early evidence similarly suggested that schools don’t inherently become virus hot spots. Insights for Education, an independent foundation that advises education departments and ministries, examined data from 191 countries between Feb. 10 and Sept. 29 and found “no consistent pattern between school status and infection levels.”

In Spain, a second wave of the virus began before schools reopened. One analysis there found that in one region cases dropped three weeks after schools reopened, in one region cases stayed flat and in others case numbers continued rising at the same rate. A new project that is collecting data on reopenings in the U.S., the COVID-19 School Response Dashboard, examined data from more than 5,000 schools across all 50 U.S. states and found that at a late-September peak, about 3% of schools reported outbreaks of five or more infections.

But, seeing as this is a Bloomberg report, the reporters note that just because ‘the experts’ were wrong about COVID-19 and its risk to the public education system doesn’t mean they were wrong about…well…everything else, too.

In the US, school openings have been complicated and confused by a White House that has downplayed the risks of in-person instruction and federal agencies that have never issued clear guidelines for safe practices. That’s left policy-making to state and local governments that are rushing to respond to the changing virus and what’s learned about it.

Whether it’s safe to open schools, said Rainu Kaushal, a clinical researcher at Cornell University’s medical school, Weill Cornell Medicine, in New York City, depends largely on two factors: How serious the spread of the virus is in the community and how seriously the community is taking precautions against the virus.

She said schools also need to be nimble.

“This virus situation evolves so rapidly that one can only make the best decision for the next few weeks,” she said. “And then you really have to take stock again.”

To be sure, while K-12 schools haven’t proved nearly as dangerous as advertised, college students remain a risk, with reports on college campuses showing large universities around the country becoming veritable petri dishes of disease. Epidemiologists will be watching the numbers as the winter progresses to see whether the virus continues to intensify heading into the new year, or whether rates finally begin to subside.

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Democrats’ Crumbling Hopes of a Blue Wave Make Divided Government More Likely

sipaphotoseleven186047

As the final votes continue to be tallied in elections across the country, Democrats are likely to keep their House majority, though hopes of surpassing the GOP in the Senate dimmed on election night as several key Democrat-leaning toss-up races were either called for or led by incumbent Republicans. Such results could set the scene for a divided government, with the Senate acting as a powerful check on a Joe Biden administration should he win the presidency.

In one swing race, Sen. Joni Ernst (R–Iowa) handily bested her Democratic challenger, Theresa Greenfield, earning 52 percent of the vote to Greenfield’s 45 percent. Ernst had been down consistently in the polls, though she came out on top in a final survey before election night. In the presidential race, the state went for Donald Trump.

Perhaps more surprisingly, Sen. Susan Collins (R–Maine) defeated Democrat Sara Gideon in a win that was called Wednesday afternoon. And though the victor of the North Carolina Senate race is yet to be determined, Sen. Thom Tillis, a Republican, has a two percentage point lead over Democrat Cal Cunningham.

To some degree, Collins’s win and Thillis’s likely victory are an indictment of the polling strategy: Virtually every poll showed the two behind their competitors, as if their losses were a foregone conclusion.

Democrats were able, however, to flip two Senate seats: Former Colorado Gov. John Hickenlooper took a seat from Sen. Cory Gardner (R–Colo.), and Mark Kelly bested Sen. Martha McSally (R–Ariz.) for her seat in Arizona.

In Alabama, Republican Tommy Tuberville defeated Sen. Doug Jones, a Democrat, flipping one of the state’s Senate seats back to red, as was expected.

Long shot goals for Democrats included wins in South Carolina and Kentucky, though Republican Sens. Lindsey Graham and Mitch McConnell both won out over their challengers early in the evening. Sen. Steve Daines, a Republican, claimed victory in Montana, pushing back a bid from Democratic Gov. Steve Bullock. The fate of the Georgia race between Republican Sen. David Perdue and Democratic challenger Jon Ossoff is unclear, though as of this writing Perdue holds a 4-point lead. 

If the toss-up races continue to trend in the current direction, Republicans would secure a 52–48 majority—one seat fewer than they currently have, but a majority nonetheless.

Neither Joe Biden nor Donald Trump have been able to claim victory. On Wednesday afternoon, Biden was up in Wisconsin, Michigan, and Nevada with a chunk of mail-in ballots yet to be counted, which typically tilt in favor of Democrats. If Biden ekes out a win, a GOP Senate potentially provides a better outcome than what much of the chattering class predicted: that Biden would enter the Oval Office with a Democratic Senate and House in tow, allowing him unfettered ability to fulfill his full list of $11 trillion campaign promises.

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Ferrari Earnings Mark A Win For Internal Combustion Engines And An Auto Industry Recovery

Ferrari Earnings Mark A Win For Internal Combustion Engines And An Auto Industry Recovery

Tyler Durden

Wed, 11/04/2020 – 12:55

While the rest of the world is focused on banning internal combustion engines, one manufacturer seems to be showing that demand for them is still robust: Ferrari.

The luxury automaker, whose CEO this week said he didn’t think the company would ever completely give up on internal combustion engines, posted a surprise earnings beat on Tuesday morning that sent its stock soaring 7% during the session. 

And the company’s earnings weren’t just a signal that the market isn’t done embracing ICE vehicles; it was also a statement that the automotive recovery, at least among the super-rich, is in full swing. After all, people have to spend their newly-printed PPP money somewhere, right?

The company posted $1.08 per share in earnings on $1 billion in sales on Tuesday morning. The company’s bottom line beat analyst expectations, which were set at 96 cents, and the top line met expectations. The company’s operating profit margins also rose 0.2% on the year.

During the quarter, Ferrari shipping 2,313 vehicles. While this number was down slightly, by 161 units, from the year prior, the company said it wasn’t due to Covid, according to Barron’s. Instead, management placed the blame on something far more innocuous: “product cadence”. 

Sequentially, the company’s earnings showed a stark recovery from the pandemic. Vehicle shipments were up by more than 900 vehicles over Q2, when the company lost 7 seven weeks of production due to Covid-19 in Italy. 

Recall, we have noted that the overall auto market has recovered significantly since the worst days of the pandemic in Q2. In China, the world’s largest auto market, we noted just days ago that there was a “sense of euphoria” in auto dealerships as they recovered.

New vehicle sales were up 17% to 2.6 million in September as a result of massive government intervention and spending on infrastructure projects. Sales of commercial vehicles and buses were up 40% as a result. Light vehicle sales were up 8% for September, approaching 2.1 million. 

 

 

We noted back in early September that if China is truly the leading indicator globally, a V-shaped recovery could be in store for the rest of the world in coming months. China’s vehicle sales rose to 2.18 million units in August, according to preliminary data released by the China Association of Automobile Manufacturers and Bloomberg.

 

 

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Pro-Trump Latinos Now Being Exiled From the Progressive Coalition

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Not only did President Donald Trump win Florida—contrary to the expectations of the perpetually chastened pollsters—but as of Wednesday morning, it looks like he won it by a slightly larger margin than he did in 2016 (51 percent versus 49 percent). This time he had significantly more support from the Latino community: The president improved his raw vote total in the pivotal Miami-Dade County, likely because he captured a larger share of the Cuban American vote.

“Hillary Clinton won the county by a 30-point margin in 2016,” notes Vox. “With 86 percent of precincts reporting, Biden’s lead had shrunk to just 9 percentage points in Miami-Dade County, and Trump had improved his margins among precincts in the county, where Cubans make up more than a quarter of the electorate by nearly 14 points,”

Trump’s messaging to Latinos—and Cubans in particular—appears to have been effective: The campaign heavily targeted Cubans with advertisements suggesting that a vote for Joe Biden was a vote for the kind of socialism that many of them fled when they came to the U.S. Biden has repeatedly and explicitly rejected socialism, though vice presidential pick Kamala Harris—someone whose inclusion on the ticket was supposed to represent outreach to minorities—might have contributed to some mixed-messaging on this issue.

Indeed, very preliminary election results—which must be taken with a grain of salt, as votes are still being counted everywhere—point to the GOP increasing its embarrassingly small share of the minority vote. The specter of pro-Trump Latinos is already prompting recriminations on the left: The New York Times’ 1619 Project author Nikole Hannah-Jones referred to Latinos as “a contrived ethnic category that artificially lumps white Cubans with Black Puerto Ricans and Indigenous Guatemalans.” Black people, unlike Latinos, experienced chattel slavery in the U.S., and thus “have been forced into a monolithic vote,” according to Hannah-Jones. Really, this point just highlights that most ethnic categories are contrived: In fact, Hannah-Jones is essentially saying that one’s politics rather than one’s skin color is what constitutes whiteness or blackness or brownness. When Biden clumsily said to a black voter, “If you have a problem figuring out whether you’re for me or Trump, then you ain’t black,” he may have inadvertently articulated many intersectional progressives’ position: Race is determined by policy views about oppression and marginalization rather than any underlying characteristic.

The project of the activist left has been to bind all oppressed people together in a struggle against racism, sexism, capitalism, transphobia, homophobia, ableism, ageism, sizeism, and every other –ism imaginable. Latinos, in particular, are an example of the inherent contradictions and difficulties of this task: To fight gendered language, highly educated and otherwise privileged college activists have asserted that the gender-neutral term Latinx should replace the traditional Latino and Latina. They have won over many in the media, but very few Latinos—just 2 percent of whom actually like the term.

It appears once again that the combination of woke signaling on cultural issues and far-left economic views that looks attractive to Oberlin College ethnic studies majors is in fact unpopular with a great many minority and immigrant voters. This is something the Democratic Party will need to bear in mind, even if Biden ekes out a win.

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