State Election Results 2020

StateLegislatureMap

See here, with a before and after map of partisan control (the after map is above). Some highlights:

On average, 12 chambers change party in each general election cycle. This time? It’s four—including 2019’s shift for the Virginia House and Senate (from R to D) and this year’s New Hampshire [shift from D to R in both houses]. That means over the two-year cycle, the parties came to a draw….

Going into the election, of the nation’s 7,383 legislators, 3,820 (52%) were Republicans; 3,436 (47%) were Democrats, 82 (including all 49 senators in Nebraska) were either independents or from another party, and 45 seats were vacant. Democrats have not held a majority of seats in the nation’s legislatures since the 2010 election, when Republicans took the lead.

[O]f the 98 chambers that have partisan control, 61 are held by Republicans, and 37 by Democrats. [The Nebraska Unicameral is officially nonpartisan, but is in practice majority Republican.-EV] …

Factoring governors in, far more state governments are divided than legislatures. The GOP gained control of all three power positions in two states this year: New Hampshire and Montana, where the new Republican governor replaced the outgoing Democratic governor.  That gives the GOP 23 states, compared to the Democrats’ control of 15 states. In 11 states, one power position is held by a different party than the other two. Eleven is the lowest split government control since 1952. In the 2000s, the number of splits was always 20 or higher.

In total, three-fourths of states have governors and legislatures of the same party, a sign that ticket-splitting may be waning nationwide….

When 2020 census data lands in state capitols next year it kicks off a year or more of redistricting. In most states, legislatures are the traditional seat of redistricting authority.

When legislatures redraw maps, the majority party controls the process, and in most states, the governor has veto power. Because redistricting is such a coveted responsibility, both parties cared more than ever about legislative outcomes this year. But—as said before—little changed and that means Republicans are in the catbird seat.

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House Judiciary Committtee Asks Supreme Court to Delay Arguments in Case Seeking Grand Jury Materials

Earlier today, the U.S. House of Representatives asked the Supreme Court to reschedule oral arguments in Department of Justice v. House Committee on the Judiciary, concerning whether the House’s efforts to obtain grand jury material from the Mueller investigation. The precise question before the Court is whether an impeachment trial before a legislative body is a “judicial proceeding” under the Federal Rules of Criminal Procedure, which would justify the disclosure of such material. The Justice Department, which has custody of the grand jury materials from the Mueller investigation, has refused to provide them to the House Judiciary Committee.

The case is currently scheduled for arguments on December 2. This means that even were the Court to decide the case expeditiously, there would be a new Congress and a new President before the case is resolved. As noted in the House’s motion:

The Committee’s investigations into misconduct by President Trump, oversight of agency activities during the Trump Administration, and consideration of related legislative reforms have remained ongoing. But a new Congress will convene in the first week of January 2021, and President-elect Biden will be inaugurated on January 20, 2021. Once those events occur, the newly constituted Committee will have to determine whether it wishes to continue pursuing the application for the grand-jury materials that gave rise to this case.

According to the motion, the Justice Department is expected to file a response. Presumably, the Department will oppose the motion, which may simply delay the inevitable, as a new administration might adopt a different interpretation of the Federal Rules.

Under the circumstances, including the possibility that the case could become moot if one or both sides to the dispute changes their positions, it would seem totally appropriate to reschedule the argument. We will see whether the Court agrees.

 

 

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State Election Results 2020

StateLegislatureMap

See here, with a before and after map of partisan control (the after map is above). Some highlights:

On average, 12 chambers change party in each general election cycle. This time? It’s four—including 2019’s shift for the Virginia House and Senate (from R to D) and this year’s New Hampshire [shift from D to R in both houses]. That means over the two-year cycle, the parties came to a draw….

Going into the election, of the nation’s 7,383 legislators, 3,820 (52%) were Republicans; 3,436 (47%) were Democrats, 82 (including all 49 senators in Nebraska) were either independents or from another party, and 45 seats were vacant. Democrats have not held a majority of seats in the nation’s legislatures since the 2010 election, when Republicans took the lead.

[O]f the 98 chambers that have partisan control, 61 are held by Republicans, and 37 by Democrats. [The Nebraska Unicameral is officially nonpartisan, but is in practice majority Republican.-EV] …

Factoring governors in, far more state governments are divided than legislatures. The GOP gained control of all three power positions in two states this year: New Hampshire and Montana, where the new Republican governor replaced the outgoing Democratic governor.  That gives the GOP 23 states, compared to the Democrats’ control of 15 states. In 11 states, one power position is held by a different party than the other two. Eleven is the lowest split government control since 1952. In the 2000s, the number of splits was always 20 or higher.

In total, three-fourths of states have governors and legislatures of the same party, a sign that ticket-splitting may be waning nationwide….

When 2020 census data lands in state capitols next year it kicks off a year or more of redistricting. In most states, legislatures are the traditional seat of redistricting authority.

When legislatures redraw maps, the majority party controls the process, and in most states, the governor has veto power. Because redistricting is such a coveted responsibility, both parties cared more than ever about legislative outcomes this year. But—as said before—little changed and that means Republicans are in the catbird seat.

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Another Wave of Business Closures Devastates the Suffering Restaurant Industry

reason-restaurant

Lawmakers from California to Washington, D.C., are still busy dining out and socializing, even as that option disappears for more and more ordinary Americans.

Prompted by a rise in coronavirus cases, the country’s mayors and governors are imposing new restrictions on bars and restaurants, including curfews and the forced shuttering of indoor dining rooms. These are yet another setback for businesses that already went through one prolonged shutdown in the spring, and that are now heading into winter without knowing when they’ll be able to serve customers inside again.

“My first reaction probably contains some expletives in my head,” says Anthony Hansen Mairs, a manager of the distillery Crater Lake Spirits in Bend, Oregon, when reacting to a Friday public health order from Oregon Gov. Kate Brown (D) banning bars and restaurants from serving customers onsite for at least the next two weeks. Instead, they’ll be limited to offering takeout and delivery.

The order means Crater Lake Spirit’s tasting room—which had already been closed for a couple of months earlier this year—will have to shut down again.

Hansen Mairs says that he is hoping to keep his tasting room team of 12 paid during the two-week shutdown and that the production side of the distillery has enough work to keep them employed at least through the end of the year.

The closure of the tasting room comes with costs for the company’s workers who relied on tips they earned serving drinks there. “There are some nights where I might make $80 in my wage and $120 in tips. That’s not always how it is, but it’s a good portion of the income from that job,” says Ross Orndorff, one of the tasting room staff. (Disclosure: Orndorff is a former roommate of mine). Working on the distillery’s production line comes with more predictable hours, but won’t make up for all that lost income, Orndorff says.

“There’s still the air of doubt that this will only be two weeks,” adds Hansen Mairs, telling Reason that the longer the shutdown goes on, the more likely it is that they’ll have to lay off some employees.

Other bars and restaurants that don’t have a distillery business to fall back on are in much worse shape.

“We were already hearing from members they were concerned about what another shutdown would do to their chances of staying open,” said Jason Brandt, president and CEO of the Oregon Restaurant & Lodging Association (ORLA), in a press release criticizing Brown’s order. “This latest round of regulations focused on restaurants will trigger an unknown amount of permanent closures impacting the livelihoods of thousands of Oregon families.”

That economic pain is likely to be replicated across the country as more and more places return to the lockdown policies from earlier in the pandemic.

On Monday, Philadelphia issued a new public health order closing down indoor dining, alongside gyms and movie theaters. Last week, New York Gov. Andrew Cuomo (D) ordered bars and restaurants in the state to close at 10 p.m. as Virginia Gov. Ralph Northam (D) mandated that eating and drinking establishments stop serving alcohol by 10 p.m. and close by midnight.

The most dramatic rollback of business reopenings is happening in California. As of Monday, climbing case numbers have forced most counties into the most restrictive tier in the state’s four-tiered reopening scheme. That means bars and indoor dining rooms in most parts of the state will have to close.

San Francisco has been ahead of the curve in reinstituting business closures. Last week, Mayor London Breed issued an order requiring all indoor dining in the city to close over the weekend, even though the city still qualified for the state’s least restrictive tier at the time.

“If this closure does stay in place, it’s going to have devastating consequences,” says Laurie Thomas, the owner of two restaurants in San Francisco and executive director of the Golden Gate Restaurant Association (GGRA).

Breed’s order, issued on Wednesday of last week, came as a shock, says Thomas. The city had previously committed itself to lag behind the reopening conditions by one tier set by the state. For example, in late September, the city allowed indoor dining rooms to open at 25 percent, despite the state allowing indoor dining at 50 percent capacity.

As of last Monday, the city was in the state’s “red” tier, which allows indoor dining at 25 percent capacity. A rapid increase in new cases prompted Breed, acting on the advice of city public health officials, to shut down all indoor dining and impose new capacity limits on gyms and movie theaters.

“With this decision,” says Thomas “there was not much notice for restaurants to one, absorb this information, and two, take actions to stop financial losses that occur when you cut back.”

Suddenly having to close down is not great for any business. It’s particularly costly for restaurants that operate on slim margins in the best of times, and who face massive closing and reopening costs.

“It’s not like having any other type of business. You have to buy a significant amount of inventory. That inventory is really volatile,” says David Nayfeld, chef and co-owner of two restaurants in San Francisco. When reopening, staff often have to be retrained and the restaurant must be prepped to receive customers again, he adds. “You have all this labor cost that’s going out before you even make a dollar.”

To take on all those costs of reopening and then be forced to close down again runs counter to everything that goes into running a profitable restaurant, says Nayfeld. “There’s constant stutter steps. We’re buying inventory then it goes thrown away. All the money is getting thrown out the window.”

For that reason, he says his own businesses didn’t jump on the opportunity to reopen indoor dining when it was allowed, saying that they’d planned on waiting to see how things went when the city allowed 50 percent indoor dining capacity.

The city had been scheduled to allow dining rooms to open at 50 percent capacity in November, but that was delayed in late October, reports the San Francisco Chronicle. Following the most recent shutdowns, it’s not clear when restaurants will be allowed to welcome diners back inside again.

Thomas says she understands where San Francisco’s public health officials are coming from when ordering restaurant closures—the city has reported a 250 percent increase in new cases since the beginning of October—but still thinks they were being too hasty.

“They’re trying to pull the levers they have in front of them to dampen the speed in the increase of the cases. They are truly afraid that this represents an uncontrollable spike,” she said last Thursday. “I want to revisit where we’re at on Monday, and still see if there’s that need. I would have liked to have waited through this week” before closing indoor dining.

More energy, she added, should be spent alerting the public to the dangers of house parties and private gatherings.

In recent days, public health officials have been beating that drum. California’s Health and Human Services Secretary Dr. Mark Ghaly says that county officials in the state are reporting “private household gatherings as a major source of spread,” according to The Guardian.

“We are increasingly observing this fall that transmission is happening in small gatherings related to youth sports or among family and friends in their homes,” wrote several doctors in a blog post at the Children’s Hospital of Philidelphia’s PolicyLab.

“Earlier in the outbreak, much of the growth in new daily cases was being driven by focal outbreaks—long-term care facilities, things of that nature,” said an official with the Centers for Disease Control and Prevention (CDC) to The Washington Post last week. “Now, the kitchen table is a place of risk.”

The role that private gatherings are playing in spreading the pandemic is seeing some public health experts question the wisdom of the recent wave of business closures and restrictions.

“It’s like you’re taking a sledgehammer to the problem; it’s not very fine-tuned,” said Peter Chin-Hong, a professor and infectious disease expert at the University of California, San Francisco, of Newsom’s latest restrictions, to the Associated Press. “It doesn’t address where a lot of the catalysts are for transmission.”

Indeed, restaurant closures might even be counterproductive. If people aren’t allowed to socialize in a sanitized, socially distanced, well-ventilated restaurant, they might be more likely to gather in private homes that might not have any of those measures in place.

Business advocates haven’t been shy about drawing attention to this discrepancy.

“Knowing small social gatherings are the focal point for the transmission of this virus, it is incredibly disappointing to see our industry once again targeted,” said Brandt in response to Oregon’s closures.

The latest shutdowns have also reinvigorated calls from the restaurant industry for additional government aid. ORLA is asking for the creation of a $75 million relief fund for the state’s hospitality industry.  Breed, when shutting down indoor dining, announced that the city would make available $4 million in aid to restaurants and small businesses.

Nayfeld, who also serves on the advisory board of the Independent Restaurant Coalition (IRC), says that much, much more is needed. With the IRC, he’s been advocating for the passage of the RESTAURANTS Act, which would create a $120 billion federal assistance fund for distressed restaurants.

That would give restaurants the financial security they need to ride out the pandemic, he says. It would also compensate them for the losses they’ve incurred from government-ordered shutdowns and other measures they’ve taken to keep the public safe.

Some libertarian policy experts are divided on the subject of aid to restaurants and other small businesses affected by government shutdowns.

“Evidently, the case for some sort of aid from the government is stronger when the government in question is explicitly closing down businesses and preventing them from trading,” says Ryan Bourne, an economist with the Cato Institute.

On the other hand, policy makers “have no concept of how much this pandemic will change the demand for eating out,” says Bourne.

A federal aid package like the RESTAURANT Act would “entail subsidizing businesses that may well not be viable in the near future, and that comes with an economic cost. It will take us longer for the economy to adjust to its new condition after the pandemic,” Bourne says.

An alternative response would be to let restaurants figure out if it’s profitable and safe to operate during the pandemic, and to let customers decide whether the risks of eating out are worth it. If private gatherings are going to continue to undo sacrifices in other parts of the economy, it’s harder to justify restrictions on any specific sector.

Still, even in the absence of shutdowns, the natural impulse to curtail socializing and other voluntary activities in the middle of a pandemic is going to cause the hospitality industry to suffer business closures and job losses, says Bourne.

“What’s going to get the economy going is the end of this pandemic. [We should do] anything we can do to hasten the end of this pandemic, whether that’s greasing the wheels for rolling out the vaccine, whether it’s facilitating, through lowering regulatory barriers, more in the way of rapid testing and screening.”

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Another Wave of Business Closures Devastates the Suffering Restaurant Industry

reason-restaurant

Lawmakers from California to Washington, D.C., are still busy dining out and socializing, even as that option disappears for more and more ordinary Americans.

Prompted by a rise in coronavirus cases, the country’s mayors and governors are imposing new restrictions on bars and restaurants, including curfews and the forced shuttering of indoor dining rooms. These are yet another setback for businesses that already went through one prolonged shutdown in the spring, and that are now heading into winter without knowing when they’ll be able to serve customers inside again.

“My first reaction probably contains some expletives in my head,” says Anthony Hansen Mairs, a manager of the distillery Crater Lake Spirits in Bend, Oregon, when reacting to a Friday public health order from Oregon Gov. Kate Brown (D) banning bars and restaurants from serving customers onsite for at least the next two weeks. Instead, they’ll be limited to offering takeout and delivery.

The order means Crater Lake Spirit’s tasting room—which had already been closed for a couple of months earlier this year—will have to shut down again.

Hansen Mairs says that he is hoping to keep his tasting room team of 12 paid during the two-week shutdown and that the production side of the distillery has enough work to keep them employed at least through the end of the year.

The closure of the tasting room comes with costs for the company’s workers who relied on tips they earned serving drinks there. “There are some nights where I might make $80 in my wage and $120 in tips. That’s not always how it is, but it’s a good portion of the income from that job,” says Ross Orndorff, one of the tasting room staff. (Disclosure: Orndorff is a former roommate of mine). Working on the distillery’s production line comes with more predictable hours, but won’t make up for all that lost income, Orndorff says.

“There’s still the air of doubt that this will only be two weeks,” adds Hansen Mairs, telling Reason that the longer the shutdown goes on, the more likely it is that they’ll have to lay off some employees.

Other bars and restaurants that don’t have a distillery business to fall back on are in much worse shape.

“We were already hearing from members they were concerned about what another shutdown would do to their chances of staying open,” said Jason Brandt, president and CEO of the Oregon Restaurant & Lodging Association (ORLA), in a press release criticizing Brown’s order. “This latest round of regulations focused on restaurants will trigger an unknown amount of permanent closures impacting the livelihoods of thousands of Oregon families.”

That economic pain is likely to be replicated across the country as more and more places return to the lockdown policies from earlier in the pandemic.

On Monday, Philadelphia issued a new public health order closing down indoor dining, alongside gyms and movie theaters. Last week, New York Gov. Andrew Cuomo (D) ordered bars and restaurants in the state to close at 10 p.m. as Virginia Gov. Ralph Northam (D) mandated that eating and drinking establishments stop serving alcohol by 10 p.m. and close by midnight.

The most dramatic rollback of business reopenings is happening in California. As of Monday, climbing case numbers have forced most counties into the most restrictive tier in the state’s four-tiered reopening scheme. That means bars and indoor dining rooms in most parts of the state will have to close.

San Francisco has been ahead of the curve in reinstituting business closures. Last week, Mayor London Breed issued an order requiring all indoor dining in the city to close over the weekend, even though the city still qualified for the state’s least restrictive tier at the time.

“If this closure does stay in place, it’s going to have devastating consequences,” says Laurie Thomas, the owner of two restaurants in San Francisco and executive director of the Golden Gate Restaurant Association (GGRA).

Breed’s order, issued on Wednesday of last week, came as a shock, says Thomas. The city had previously committed itself to lag behind the reopening conditions by one tier set by the state. For example, in late September, the city allowed indoor dining rooms to open at 25 percent, despite the state allowing indoor dining at 50 percent capacity.

As of last Monday, the city was in the state’s “red” tier, which allows indoor dining at 25 percent capacity. A rapid increase in new cases prompted Breed, acting on the advice of city public health officials, to shut down all indoor dining and impose new capacity limits on gyms and movie theaters.

“With this decision,” says Thomas “there was not much notice for restaurants to one, absorb this information, and two, take actions to stop financial losses that occur when you cut back.”

Suddenly having to close down is not great for any business. It’s particularly costly for restaurants that operate on slim margins in the best of times, and who face massive closing and reopening costs.

“It’s not like having any other type of business. You have to buy a significant amount of inventory. That inventory is really volatile,” says David Nayfeld, chef and co-owner of two restaurants in San Francisco. When reopening, staff often have to be retrained and the restaurant must be prepped to receive customers again, he adds. “You have all this labor cost that’s going out before you even make a dollar.”

To take on all those costs of reopening and then be forced to close down again runs counter to everything that goes into running a profitable restaurant, says Nayfeld. “There’s constant stutter steps. We’re buying inventory then it goes thrown away. All the money is getting thrown out the window.”

For that reason, he says his own businesses didn’t jump on the opportunity to reopen indoor dining when it was allowed, saying that they’d planned on waiting to see how things went when the city allowed 50 percent indoor dining capacity.

The city had been scheduled to allow dining rooms to open at 50 percent capacity in November, but that was delayed in late October, reports the San Francisco Chronicle. Following the most recent shutdowns, it’s not clear when restaurants will be allowed to welcome diners back inside again.

Thomas says she understands where San Francisco’s public health officials are coming from when ordering restaurant closures—the city has reported a 250 percent increase in new cases since the beginning of October—but still thinks they were being too hasty.

“They’re trying to pull the levers they have in front of them to dampen the speed in the increase of the cases. They are truly afraid that this represents an uncontrollable spike,” she said last Thursday. “I want to revisit where we’re at on Monday, and still see if there’s that need. I would have liked to have waited through this week” before closing indoor dining.

More energy, she added, should be spent alerting the public to the dangers of house parties and private gatherings.

In recent days, public health officials have been beating that drum. California’s Health and Human Services Secretary Dr. Mark Ghaly says that county officials in the state are reporting “private household gatherings as a major source of spread,” according to The Guardian.

“We are increasingly observing this fall that transmission is happening in small gatherings related to youth sports or among family and friends in their homes,” wrote several doctors in a blog post at the Children’s Hospital of Philidelphia’s PolicyLab.

“Earlier in the outbreak, much of the growth in new daily cases was being driven by focal outbreaks—long-term care facilities, things of that nature,” said an official with the Centers for Disease Control and Prevention (CDC) to The Washington Post last week. “Now, the kitchen table is a place of risk.”

The role that private gatherings are playing in spreading the pandemic is seeing some public health experts question the wisdom of the recent wave of business closures and restrictions.

“It’s like you’re taking a sledgehammer to the problem; it’s not very fine-tuned,” said Peter Chin-Hong, a professor and infectious disease expert at the University of California, San Francisco, of Newsom’s latest restrictions, to the Associated Press. “It doesn’t address where a lot of the catalysts are for transmission.”

Indeed, restaurant closures might even be counterproductive. If people aren’t allowed to socialize in a sanitized, socially distanced, well-ventilated restaurant, they might be more likely to gather in private homes that might not have any of those measures in place.

Business advocates haven’t been shy about drawing attention to this discrepancy.

“Knowing small social gatherings are the focal point for the transmission of this virus, it is incredibly disappointing to see our industry once again targeted,” said Brandt in response to Oregon’s closures.

The latest shutdowns have also reinvigorated calls from the restaurant industry for additional government aid. ORLA is asking for the creation of a $75 million relief fund for the state’s hospitality industry.  Breed, when shutting down indoor dining, announced that the city would make available $4 million in aid to restaurants and small businesses.

Nayfeld, who also serves on the advisory board of the Independent Restaurant Coalition (IRC), says that much, much more is needed. With the IRC, he’s been advocating for the passage of the RESTAURANTS Act, which would create a $120 billion federal assistance fund for distressed restaurants.

That would give restaurants the financial security they need to ride out the pandemic, he says. It would also compensate them for the losses they’ve incurred from government-ordered shutdowns and other measures they’ve taken to keep the public safe.

Some libertarian policy experts are divided on the subject of aid to restaurants and other small businesses affected by government shutdowns.

“Evidently, the case for some sort of aid from the government is stronger when the government in question is explicitly closing down businesses and preventing them from trading,” says Ryan Bourne, an economist with the Cato Institute.

On the other hand, policy makers “have no concept of how much this pandemic will change the demand for eating out,” says Bourne.

A federal aid package like the RESTAURANT Act would “entail subsidizing businesses that may well not be viable in the near future, and that comes with an economic cost. It will take us longer for the economy to adjust to its new condition after the pandemic,” Bourne says.

An alternative response would be to let restaurants figure out if it’s profitable and safe to operate during the pandemic, and to let customers decide whether the risks of eating out are worth it. If private gatherings are going to continue to undo sacrifices in other parts of the economy, it’s harder to justify restrictions on any specific sector.

Still, even in the absence of shutdowns, the natural impulse to curtail socializing and other voluntary activities in the middle of a pandemic is going to cause the hospitality industry to suffer business closures and job losses, says Bourne.

“What’s going to get the economy going is the end of this pandemic. [We should do] anything we can do to hasten the end of this pandemic, whether that’s greasing the wheels for rolling out the vaccine, whether it’s facilitating, through lowering regulatory barriers, more in the way of rapid testing and screening.”

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Pennsylvania Supreme Court on Election Monitoring

From the Philadelphia Inquirer (Jeremy Roebuck):

The Pennsylvania Supreme Court ruled Tuesday that Republican monitors observing vote counting in Philadelphia were given sufficient access under state law to view the proceedings…. [T]he court overturned a lower court decision that ordered monitors with President Donald Trump’s campaign be allowed within six feet of tables where ballots were being tallied.

In its opinion, the Supreme Court found that the Philadelphia Board of Elections complied with requirements for observer access from the moment the first votes were counted.

“We conclude the board did not act contrary to the law in fashioning its regulations governing the positioning of candidate representatives,” Justice Debra Todd wrote for the majority. “Critically, we find the board’s regulations … were reasonable.”

The majority opinion seems to be a pretty technical discussion of Pennsylvania state election law; one short dissenting opinion would have rejected the appeal on the grounds that it was moot, and another short dissent also argued that the trial courts order requiring closer access was valid. In any case, I thought I’d pass these along in case readers are interested. Thanks to Howard Bashman (How Appealing) for the pointer.

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Pennsylvania Supreme Court on Election Monitoring

From the Philadelphia Inquirer (Jeremy Roebuck):

The Pennsylvania Supreme Court ruled Tuesday that Republican monitors observing vote counting in Philadelphia were given sufficient access under state law to view the proceedings…. [T]he court overturned a lower court decision that ordered monitors with President Donald Trump’s campaign be allowed within six feet of tables where ballots were being tallied.

In its opinion, the Supreme Court found that the Philadelphia Board of Elections complied with requirements for observer access from the moment the first votes were counted.

“We conclude the board did not act contrary to the law in fashioning its regulations governing the positioning of candidate representatives,” Justice Debra Todd wrote for the majority. “Critically, we find the board’s regulations … were reasonable.”

The majority opinion seems to be a pretty technical discussion of Pennsylvania state election law; one short dissenting opinion would have rejected the appeal on the grounds that it was moot, and another short dissent also argued that the trial courts order requiring closer access was valid. In any case, I thought I’d pass these along in case readers are interested. Thanks to Howard Bashman (How Appealing) for the pointer.

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Senate Democrats Want Biden To Unilaterally Forgive Billions of Dollars in Student Loans

college

With Democrats staring down the possibility of Republicans maintaining control of the Senate, Sen. Elizabeth Warren (D–Mass.) and 12 other Democratic Senators want President-elect Joe Biden to forgive hundreds of billions of dollars in student loan debt by using the Education Department’s power “to modify, compromise, waive, or release student loans.” 

Warren promised during her own presidential campaign that she would, if elected, “direct the Secretary of Education to use their authority to begin to compromise and modify federal student loans consistent with my plan to cancel up to $50,000 in debt for 95% of student loan borrowers (about 42 million people).” It appears she’d like Biden to do the same. 

This would be quite a gift for many student loan borrowers who still have outstanding balances (myself included). As the Manhattan Institute’s Beth Akers noted last year, the typical four-year college graduate completes their degree with less than $30,000 in student loan debt. Meanwhile, the College Board’s most recent effort to calculate the lifetime earnings premium of a college degree finds that the average four-year degree holder makes $400,000 more over their working lifetime than someone with just a high school diploma. In 2015, researchers Christopher R. Tamborini, ChangHwan Kim, and Arthur Sakamoto published a paper in Demography that measured the 50-year lifetime earnings gap between high school graduates and bachelor’s degree holders at $896,000 for men and $630,000 for women. In 2011, Georgetown University’s Center on Education and the Workforce pegged the B.A. earnings premium at $964,000. Whether the premium is shrinking or we’re just getting better at measuring it—or some combination of both—it’s still a good return on what comes out to roughly $7,000 in interest for borrowers who repay the average-sized loan in the standard 10-year timeframe.

As I outlined in a feature earlier this year, many student loan borrowers do not feel like they’re getting a good deal. That’s because while federally issued and guaranteed loans have made it possible for the poorest Americans to attain education, those subsidies have also driven up the cost of education at a rate multiple times higher than inflation. It is also now quite clear that making student loan debt easy to accumulate but nearly impossible to discharge in bankruptcy (which I also cover in the above-linked feature) has helped millions of students get ahead while enabling a smaller (but still large) number of students to borrow money they can’t repay in order to purchase degree programs they can’t complete, can’t utilize, or can’t recognize as crap.  

A Democratic administration is unlikely to do nothing on student loans, but even when it comes to borrowers who have the hardest time making their payments, there are policies that do not involve giving money away to the upper-middle class. As education researcher Susan Dynarski wrote in The New York Times in 2015, it’s actually people who borrow the least amount of money that have the hardest time repaying it: 

Defaults are concentrated among the millions of students who drop out without a degree, and they tend to have smaller debts. That is where the serious problem with student debt is. Students who attended a two- or four-year college without earning a degree are struggling to find well-paying work to pay off the debt they accumulated.

Most borrowers have small debts, according to the Federal Reserve Bank of New York; 43 percent borrowed less than $10,000, and 72 percent less than $25,000. And borrowers with the smallest debts are most likely to default. Of those borrowing under $5,000 for college, 34 percent end up in default. The default rate steadily drops as borrowing increases. Among the small group (just 3 percent) of those borrowing more than $100,000, the default rate is just 18 percent.

If the Education Department forgave up to $50,000 in student loan debt for every borrower, it would be helping many people like myself who don’t need it at the expense of the public fisc (and where is the “free” money for people who paid off their student loans, or haven’t gone or won’t ever go to college?). The stimulus effect would likely be small, considering that the money a liberated borrower would now have to spend on something other than student loans is not the full amount of the loan, but the monthly payment. As with the COVID-19 stimulus checks, borrowers might bank that amount or put it toward other debts. 

The most libertarian policy preference in my view is two-pronged: get the federal government out of the lending and guaranteeing game, and make student loan debt reasonably dischargeable in bankruptcy. These two policies would realign the incentives of colleges, lenders, and students to bring down prices and saddle fewer potential students with loans they are unlikely to repay.

If that is a bridge too far for Biden and a Democratic Congress—and it probably is, considering those policies would also make it harder for low-income students to borrow and the market upheaval would probably snuff out a significant number of schools—Dynarski’s writing has convinced me that rethinking repayment timeframes is an acceptable middle way: 

One solution is to lengthen the timeframe of loan repayment. In the U.S., the standard is for borrowers to repay their loans in ten years. Other countries let students pay back their loans over a far longer horizon. In Sweden, students pay their loans back over 25 years. For a $20,000 loan with an interest rate of 4.3 percent, this longer repayment would mean a monthly payment of $100 instead of $200.

Borrowers with very low earnings will struggle with even a payment of $100. Some countries, including England and Australia, therefore link payments directly to income, so that borrowers pay little to nothing during hard times.

Income-driven repayment (IDR), various forms of which U.S. borrowers have been able to apply for since 2009, caps your monthly payment as a percentage of your income and extends the repayment period from 120 months to 300 months. Make 25 years’ worth of payments under any one of several IDR plans, and your balance is forgiven, with the forgiven amount taxed as income.

Researcher Daniel Herbst found that transitioning struggling borrowers onto IDR reduced payment delinquency and increased their credit scores. The Congressional Research Service issued a report in 2019 on loan forgiveness and repayment plans in which it said it is too soon to measure (or even estimate) the full impact of IDR. Some estimates predict 33 percent of IDR participant will fail to pay off their balance after 25 years, but the amount they pay over 300 months could still exceed the amount they borrowed for all but the poorest loan holders (and you’re not getting blood from those stones no matter how hard you squeeze).  

A longer repayment plan tied to income is also a sensible way to think about the returns of student loan debt, which under the conventional 10-year repayment model sees borrowers making the highest monthly payments when their income is lowest, and their lowest monthly payment after 10 years of post-college earnings. People who’d rather get payments done in 10 years (or sooner) would, of course, reserve that option. People who are struggling right out of school could pay more as they earn more, while people who will carry their debt to the grave no matter how its structured should be able to seek relief in bankruptcy (which carries enough of a stigma to discourage abuse by physicians, lawyers, and other white-collar degree holders who accumulate large debts but also make a lot of money). 

Working with Congress to improve the IDR process and allowing the most overleveraged borrowers to discharge their student loan debt in bankruptcy would go a long way toward alleviating real problems without further increasing the already generous premium enjoyed by people who complete four-year (and two-year!) college degrees. 

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Senate Democrats Want Biden To Unilaterally Forgive Billions of Dollars in Student Loans

college

With Democrats staring down the possibility of Republicans maintaining control of the Senate, Sen. Elizabeth Warren (D–Mass.) and 12 other Democratic Senators want President-elect Joe Biden to forgive hundreds of billions of dollars in student loan debt by using the Education Department’s power “to modify, compromise, waive, or release student loans.” 

Warren promised during her own presidential campaign that she would, if elected, “direct the Secretary of Education to use their authority to begin to compromise and modify federal student loans consistent with my plan to cancel up to $50,000 in debt for 95% of student loan borrowers (about 42 million people).” It appears she’d like Biden to do the same. 

This would be quite a gift for many student loan borrowers who still have outstanding balances (myself included). As the Manhattan Institute’s Beth Akers noted last year, the typical four-year college graduate completes their degree with less than $30,000 in student loan debt. Meanwhile, the College Board’s most recent effort to calculate the lifetime earnings premium of a college degree finds that the average four-year degree holder makes $400,000 more over their working lifetime than someone with just a high school diploma. In 2015, researchers Christopher R. Tamborini, ChangHwan Kim, and Arthur Sakamoto published a paper in Demography that measured the 50-year lifetime earnings gap between high school graduates and bachelor’s degree holders at $896,000 for men and $630,000 for women. In 2011, Georgetown University’s Center on Education and the Workforce pegged the B.A. earnings premium at $964,000. Whether the premium is shrinking or we’re just getting better at measuring it—or some combination of both—it’s still a good return on what comes out to roughly $7,000 in interest for borrowers who repay the average-sized loan in the standard 10-year timeframe.

As I outlined in a feature earlier this year, many student loan borrowers do not feel like they’re getting a good deal. That’s because while federally issued and guaranteed loans have made it possible for the poorest Americans to attain education, those subsidies have also driven up the cost of education at a rate multiple times higher than inflation. It is also now quite clear that making student loan debt easy to accumulate but nearly impossible to discharge in bankruptcy (which I also cover in the above-linked feature) has helped millions of students get ahead while enabling a smaller (but still large) number of students to borrow money they can’t repay in order to purchase degree programs they can’t complete, can’t utilize, or can’t recognize as crap.  

A Democratic administration is unlikely to do nothing on student loans, but even when it comes to borrowers who have the hardest time making their payments, there are policies that do not involve giving money away to the upper-middle class. As education researcher Susan Dynarski wrote in The New York Times in 2015, it’s actually people who borrow the least amount of money that have the hardest time repaying it: 

Defaults are concentrated among the millions of students who drop out without a degree, and they tend to have smaller debts. That is where the serious problem with student debt is. Students who attended a two- or four-year college without earning a degree are struggling to find well-paying work to pay off the debt they accumulated.

Most borrowers have small debts, according to the Federal Reserve Bank of New York; 43 percent borrowed less than $10,000, and 72 percent less than $25,000. And borrowers with the smallest debts are most likely to default. Of those borrowing under $5,000 for college, 34 percent end up in default. The default rate steadily drops as borrowing increases. Among the small group (just 3 percent) of those borrowing more than $100,000, the default rate is just 18 percent.

If the Education Department forgave up to $50,000 in student loan debt for every borrower, it would be helping many people like myself who don’t need it at the expense of the public fisc (and where is the “free” money for people who paid off their student loans, or haven’t gone or won’t ever go to college?). The stimulus effect would likely be small, considering that the money a liberated borrower would now have to spend on something other than student loans is not the full amount of the loan, but the monthly payment. As with the COVID-19 stimulus checks, borrowers might bank that amount or put it toward other debts. 

The most libertarian policy preference in my view is two-pronged: get the federal government out of the lending and guaranteeing game, and make student loan debt reasonably dischargeable in bankruptcy. These two policies would realign the incentives of colleges, lenders, and students to bring down prices and saddle fewer potential students with loans they are unlikely to repay.

If that is a bridge too far for Biden and a Democratic Congress—and it probably is, considering those policies would also make it harder for low-income students to borrow and the market upheaval would probably snuff out a significant number of schools—Dynarski’s writing has convinced me that rethinking repayment timeframes is an acceptable middle way: 

One solution is to lengthen the timeframe of loan repayment. In the U.S., the standard is for borrowers to repay their loans in ten years. Other countries let students pay back their loans over a far longer horizon. In Sweden, students pay their loans back over 25 years. For a $20,000 loan with an interest rate of 4.3 percent, this longer repayment would mean a monthly payment of $100 instead of $200.

Borrowers with very low earnings will struggle with even a payment of $100. Some countries, including England and Australia, therefore link payments directly to income, so that borrowers pay little to nothing during hard times.

Income-driven repayment (IDR), various forms of which U.S. borrowers have been able to apply for since 2009, caps your monthly payment as a percentage of your income and extends the repayment period from 120 months to 300 months. Make 25 years’ worth of payments under any one of several IDR plans, and your balance is forgiven, with the forgiven amount taxed as income.

Researcher Daniel Herbst found that transitioning struggling borrowers onto IDR reduced payment delinquency and increased their credit scores. The Congressional Research Service issued a report in 2019 on loan forgiveness and repayment plans in which it said it is too soon to measure (or even estimate) the full impact of IDR. Some estimates predict 33 percent of IDR participant will fail to pay off their balance after 25 years, but the amount they pay over 300 months could still exceed the amount they borrowed for all but the poorest loan holders (and you’re not getting blood from those stones no matter how hard you squeeze).  

A longer repayment plan tied to income is also a sensible way to think about the returns of student loan debt, which under the conventional 10-year repayment model sees borrowers making the highest monthly payments when their income is lowest, and their lowest monthly payment after 10 years of post-college earnings. People who’d rather get payments done in 10 years (or sooner) would, of course, reserve that option. People who are struggling right out of school could pay more as they earn more, while people who will carry their debt to the grave no matter how its structured should be able to seek relief in bankruptcy (which carries enough of a stigma to discourage abuse by physicians, lawyers, and other white-collar degree holders who accumulate large debts but also make a lot of money). 

Working with Congress to improve the IDR process and allowing the most overleveraged borrowers to discharge their student loan debt in bankruptcy would go a long way toward alleviating real problems without further increasing the already generous premium enjoyed by people who complete four-year (and two-year!) college degrees. 

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Pentagon Fails Another Audit, Will Likely Get Budget Increase From Congress Anyway

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The third time wasn’t the charm for the Pentagon, which has once again failed to successfully complete an audit.

Thomas Harker, the Pentagon’s comptroller, told Reuters that it could be another seven years before the department can pass an audit—something that it has never accomplished. Previous attempts in 2018 and 2019 turned up literally thousands of problems with the Pentagon’s accounting system and millions of dollars’ worth of missing equipment.

In a statement, the Pentagon lauded the fact that auditors had “cleared” more than 500 issues identified in previous audits. That serves as compelling evidence that the effort is worth it, even if a clean review is still impossible. The Pentagon had resisted being audited for years. Though Congress passed a law in 1990 requiring all federal departments to be audited every year, it still took nearly two decades for the first Pentagon audit to be attempted. The department now says it is benefiting from the process.

A full report on this year’s audit, which covered more than $2.7 trillion in military assets, is expected to be released in January.

Before that, Congress is likely to sign off on a boost in military spending. As part of a new $1.4 trillion discretionary spending bill expected to be passed during the upcoming lame-duck session, the Pentagon is expected to get about a $10 billion boost in funding. That will happen in spite of another failed audit and regardless of the fact that America’s budget deficit has soared to record highs in the past year as the COVID-19 pandemic has taken its toll.

Congress is also expected to sign off on the purchase of dozens of new F-35 fighter jets, despite the fact that last year’s Pentagon audit called the entire F-35 program a “material weakness” that was putting managerial and record-keeping failures put taxpayer dollars at risk. [untangle pls, extra word?]

An audit is ultimately only as good as the people who will use it to guide future decisions. Unfortunately, Congress keeps rewarding the Pentagon’s fiscal failure with more money. [OK?]

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