Republicans Plan To Use Increased Power After Midterms To Restrict Access To Abortion

Remember how the Republicans talked about down playing social issues going into the midterm elections? Now that they are in office, the party of limited government is returning to its agenda of using big government to impose its views upon others. Politco reports on The coming wave of anti-abortion laws–New GOP state legislatures will make access to abortion harder than ever.

The big Republican gains in the November elections strengthened and enlarged the anti-abortion forces in the House and the Senate. But it’s the GOP victories in the statehouses and governor’s mansions that are priming the ground for another round of legal restrictions on abortion.

Arkansas, for instance, already has strict anti-abortion laws. But with a Republican governor succeeding a Democrat who had vetoed two measures that would have banned most abortions beyond a certain stage of pregnancy, lawmakers plan to seek more restrictions — such as barring doctors from administering abortion drugs through telemedicine. Republican gains in the West Virginia Legislature will redouble pressure on Democratic Gov. Earl Ray Tomblin to accept a ban on most abortions after 20 weeks, which he has previously deemed unconstitutional. And Tennessee voters approved a ballot initiative that removes a 15-year barrier to legislation limiting abortion legislation in that deeply conservative state.

Abortion rights advocates have had setbacks in the states for several years, with a surge of legislative activity since 2011. Women seeking abortions may face mandatory waiting periods or ultrasound requirements. Clinics may face stricter building codes or hospital admitting privilege rules they can’t satisfy. Dozens of clinics have shut down in multiple states. Texas, for instance, has fewer than 10 abortion clinics now. A year ago, it had 40…

Republican leaders who will control the U.S. Senate come January say they want to take up abortion this year, perhaps on a House-passed bill that would limit the procedure after 20 weeks. But the reality is that Senate Republicans will still fall a few votes shy of the 60 needed for controversial major legislation. It’s the states where Republicans can enact more abortion limits.

“We came out of Nov. 4th with a lot of momentum,” said Chuck Donovan, president of the research and education arm of Susan B. Anthony List, which is dedicated to electing candidates who oppose abortion. He expects the number of anti-abortion measures proposed in the states to reflect that. “I think we’re about to get another uptick.”

Thirteen states have passed bans on most abortions after 20 weeks of pregnancy — so-called fetal pain bills — and a couple have enacted earlier limits tied to when a fetal heartbeat is first detected, which can be six or seven weeks into a pregnancy. Several of these state laws are being contested in court, and the arguments may eventually end up in the Supreme Court. But that hasn’t deterred more states from eyeing such legislation; in Ohio, a House panel approved a fetal heartbeat bill just a few days ago.

Planned Parenthood President Cecile Richards predicts that 2015 will bring more attempts to enact restrictive state laws. She said she expects “state legislative attacks on women’s health, even though the vast majority of the public wants elected officials to protect and expand access to safe and legal abortion, birth control and preventive health care.”

In some states with Republican control of the legislature there remains hope that any anti-abortion legislation will be vetoed. For example, in Nevada  Republican Governor Brian Sandoval supports keeping abortion legal. The Republican capture of control of both chambers of the state legislature in New Hampshire will be countered by Democratic Governor Maggie Hassan who backs abortion rights.

While this article dealt with abortion, based upon recent history it is also likely that Republicans will use their power to restrict access to contraception.

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Republicans Seek To Block Marijuana Law In Washington D.C.

Republicans, members of the party which claims to support small government, individual freedom, and states’ rights, once again shows that it doesn’t mean a word of this.  The Hill reports on one action planned by Republicans:

House Republicans next year will try to block Washington, D.C.’s, newly enacted law legalizing recreational marijuana.

Rep. Andy Harris said he “absolutely” intends to launch a push to dismantle the new law when Congress returns with an empowered GOP majority in the 114th Congress.

While technically not a states’ rights issue, the same principle should apply to respecting a law to legalize recreational marijuana which a majority in Washington, D.C. voted for.

Presumably other top matters on the Republican agenda will include attempts to restrict access to abortion and contraception, and prevent same-sex marriage.

Of course this is as expected. When Republicans speak of supporting small government, it is of a government “small” enough to intervene in the private lives of the individual. When they speak of freedom, they will defend the freedom of businessmen to evade necessary regulations. Otherwise to Republicans, freedom means the freedom for conservatives to impose their views upon others. Republican support for states’ rights is limited to states which wish to enact laws to discriminate against minorities or restrict marriage equality.

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Seventh Investigation Debunks Republican Benghazi Conspiracy Theories

Yet another investigation has debunked the Republican claims about Benghazi, this one run by House Republicans. AP reports:

House intel panel debunks many Benghazi theories

A two-year investigation by the Republican-controlled House Intelligence Committee has found that the CIA and the military acted properly in responding to the 2012 attack on a U.S. diplomatic compound in Benghazi, Libya, and asserted no wrongdoing by Obama administration appointees.

Debunking a series of persistent allegations hinting at dark conspiracies, the investigation of the politically charged incident determined that there was no intelligence failure, no delay in sending a CIA rescue team, no missed opportunity for a military rescue, and no evidence the CIA was covertly shipping arms from Libya to Syria.

In the immediate aftermath of the attack, intelligence about who carried it out and why was contradictory, the report found. That led Susan Rice, then U.S. ambassador to the United Nations, to inaccurately assert that the attack had evolved from a protest, when in fact there had been no protest. But it was intelligence analysts, not political appointees, who made the wrong call, the committee found. The report did not conclude that Rice or any other government official acted in bad faith or intentionally misled the American people.

The House Intelligence Committee report was released with little fanfare on the Friday before Thanksgiving week. Many of its findings echo those of six previous investigations by various congressional committees and a State Department panel. The eighth Benghazi investigation is being carried out by a House Select Committee appointed in May…

In the aftermath of the attacks, Republicans criticized the Obama administration and its then-secretary of state, Hillary Rodham Clinton, who is expected to run for president in 2016. People in and out of government have alleged that a CIA response team was ordered to “stand down” after the State Department compound came under attack, that a military rescue was nixed, that officials intentionally downplayed the role of al-Qaida figures in the attack, and that Stevens and the CIA were involved in a secret operation to spirit weapons out of Libya and into the hands of Syrian rebels. None of that is true, according to the House Intelligence Committee report.

The report did find, however, that the State Department facility where Stevens and Smith were killed was not well-protected, and that State Department security agents knew they could not defend it from a well-armed attack. Previous reports have found that requests for security improvements were not acted upon in Washington.

Of course it was the Republicans who cut funding for embassy security, denying requests from Democrats for increased funding.

Despite seven investigations which failed to provide evidence to support the Republican conspiracy theories, an eight is underway, and I wouldn’t be surprised if there are more to follow in the Republican-controlled Senate. The party which already voted over fifty times to repeal the Affordable Care Act, and which exists in a fact-free bubble, will not hesitate to continue engage in the same irrational behavior.

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Another Unforced Error On Selling Obamacare

The Obama administration has done an excellent job policy-wise with the Affordable Care Act, but politically has made a few major mistakes along the way. The most recent was discovered today when Bloomberg reported that the administration had made mistakes in reporting the number of people who obtained health coverage through the exchanges in its first year. The error came from adding sales of dental plans available under the Affordable Care Act to the total number who actually purchased plans.

HHS Secretary  Secretary Sylvia Burwell responded on Twitter that, “The mistake we made is unacceptable. I will be communicating that clearly throughout the dept.”

From a practical point of view, the mistake does not really change anything. The important factor is the benefits provided, not the number of people who signed up the first year, especially when the number was depressed by a dishonest right wing smear campaign. The actual number still exceeded the predictions of the Congressional Budget Office. Nearly seven million did obtain coverage on the exchanges in the first year, with about seventy percent happy with their coverage–a number comparable to those receiving employer-paid coverage and Medicare.

Unfortunately an error such as this plays into the false right wing narrative that the Obama administration was not transparent in promoting the Affordable Care Act. They ignore the degree to which every aspect was publicly debated for months, and every version of the law was posted on line. Of course many conservatives were probably unaware of the discussion which was occurring as the right wing media was too busy spreading lies than to actually report on what was being openly discussed.

Man on the right are cherry picking and distorting the words of Jonathan Gruber, as I recently discussed here and here. They falsely claim that Gruber was the “architect” of the Affordable Care Act and falsely attribute his views to the Obama administration. Gruber was an outside academic consultant who had worked on Mitt Romney’s health care plan. He was paid to make economic projections based upon this to predict the economic effects of Obamacare. He had no role in the legislative strategy to pass Obamacare, and does not speak for the Obama administration in making statements which Obama disagrees with.

Being an academic outside of Washington, it is very likely that the somewhat convoluted legislative actions used by both parties to achieve the best scores from the Congressional Budget Office might seem to lack transparency. This does not mean that those promoting Obamacare were in any way dishonest. They honestly presented the facts about the law. In contrast, when George Bush pushed through his Medicare drug plan, he not only lied about the cost, but threatened to fire the chief Medicare actuary if he testified before Congress about the true cost.

Gruber’s claims of a lack of transparency would be more meaningful if he actually demonstrated any areas in which the proponents of the ACA were not open about the plans. He spoke about the mandate, but this penalty for not purchasing insurance was widely discussed before passage. He also concentrated on how the ACA is a transfer of wealth, but this was both openly discussed, and a common feature of all insurance. All insurance plans transfer wealth from those who pay premiums and do not wind up needing the coverage to those who receive benefits. While conservatives are quoting Gruber because his statements seem to reinforce their biases, once you look at the details there is no evidence of dishonesty present.

On the other hand. , the real dishonesty came from Republicans who lied about death panels, the number not paying their premiums, the effects of the ACA on jobs and the economy, the cost of coverage, and falsely claiming that Obamacare is a government take over of health care.  Even the corrected numbers show that far more people purchased coverage than many Republicans have claimed. Republican politicians continue to repeat the same lies even when disproven.

Prior Political Errors

Unfortunately the error in reporting the number who purchased coverage is not the first unnecessary error which wound up hurting politically. The most prominent error was in failing to properly test the computer programs behind the exchange before they went live in 2013. The problems were quickly fixed and the exchanges opened successfully this week, but the Obama administration never fully recovered from the poor first impression.

The second error was in over simplifying the issues when making statements that people can keep their own plans and/or their own doctors. Obama was being honest in the context in which he was speaking, but in over simplifying the matter in this way he was incorrect. Obama was responding to far more inaccurate right wing claim that the Affordable Care Act amounts to a government take over of health care. They spread horror stories of people being forced to lose their current health plans (and doctor) and instead being placed on some imaginary government-run Obamacare plan. I had patients call me in horror, asking if they would be lose me as a doctor because of having to change to Obamacare.

Obama was right in answering that people would not be forced into a new government plan and would not arbitrarily be forced to change doctors.

He was incorrect  in how he worded it because other factors were involved. Insurance companies elected to cancel plans, often when they could be grandfathered in. Doctors go in and out of health plans every year, regardless of Obamacare, but Obamacare does not assign people to new doctors. With or without Obamacare, some people would have to change health plans and doctors every year.

Most people had the option to get insurance, from the same company as before if they desired, with better coverage at a lower cost. It is also a bit ambiguous as to what keeping the same plan means considering that in the individual market it has been common for insurance companies to substitute similar but different plans quite frequently. Most people would feel like they had the same plan as it was from the same company with only minor differences (or with better coverage).

When Obama realized his statement was technically wrong, he not only apologized but acted to make it right by making it even easier to grandfather in old plans. Many of the old plans which were discontinued provided extremely limited coverage for the price, and people were better off replacing them with a better plan. I have often seen patients with plans purchased on the individual market in the past who were shocked to find that their plan paid nothing or only a tiny fraction of their bills. The Affordable Care Act guarantees both that health plans will provide reasonable coverage and that nobody can be dropped because of developing health problems, as frequently happened in the past.

By guaranteeing that people cannot be dropped from their health plan, by making insurance more affordable,  and by providing a greater choice of health plans, it is far less likely that people will have to change their health plan or doctor against their will as happened in the past. For the most part, Obama was right, but he worded this in a poor way as there were exceptions. Needless to say, Republicans concentrate on the rare cases where Obama was wrong, even though their health plans would ultimately lead to far more people being unable to keep their insurance or their doctor. By making these political mistakes, the Democrats have made it easier for Republicans to mislead.

Now yet another mistake has been uncovered which means little but which Republicans will be able to use to mislead the public.

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Republicans Used Jed Bartlet’s Former Campaign Manager To Skirt Election Laws

Twitter Polling Data

CNN reported this week that the Republicans used coded messages in Twitter accounts to get around campaign finance laws which prohibit coordination between campaigns and outside groups such as Super-PAC’s. Information in fake Twitter accounts allegedly contained internal polling data.

Republican officials deny knowing abut this. Considering the wide range of things which Republican officials know nothing about, including science, math, economics, ethics, the workings of a democratic nation, and most human knowledge acquired since the enlightenment, Republican claims of not knowing something are very difficult to dispute.

The screen grab from one Twitter account used, which has since been deleted, was under the name of Bruno Gianelli. Bruno Ginnelli worked as Jed Bartlet’s campaign manager in 2002. It shouldn’t be too surprising that Gianelli is now working with the Republicans as he did work as a consult to Arnold Vinick’s GOP presidential campaign in 2006. Some might find it surprising that Republicans did watch The West Wing. I’m sure they draw the line at watching MSNBC.

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People Not Directly Affected By Obamacare Are Unhappy With It

With the exchanges opening for its second year, Gallup has found that support for the Affordable Care Act remains low at 37 percent. I have to wonder about how those answering are coming to this opinion. After all, there is tremendous evidence as to the success of the Affordable Care Act, and Gallup also found recently that about 70 percent who are actually obtaining coverage through the exchanges are satisfied. This number is comparable with the number who are happy with other forms of coverage such as Medicare and employer-paid health care.

It appears that those who are unhappy with Obamacare aren’t the ones who are most directly affected. Most likely this polling result comes from all the dishonest information being spread by the right wing, with many people who are not directly affected at present expressing dissatisfaction with a law they do not understand.

The Affordable Care Act also receives less support than it might because many of those who stand to benefit in the future don’t realize it. Besides providing affordable coverage for millions who could not obtain coverage in the past, the ACA protects those with coverage from their employer, guaranteeing that they won’t be unable to obtain coverage should they become seriously ill or lose their job. This had been a common cause of bankruptcy in the past, but many people are not going to appreciate this benefit if they are not undergoing such problems.

Another problem for the Affordable Care Act is that it makes it easier for Republicans to blame anything wrong with health care on Obama, even if the Affordable Care Act is not involved. For example, although the ACA provides additional benefits for Medicare beneficiaries, many who receive these benefits do not realize this. On the other hand, they are blaming Obama when their pharmacy plan increases their copays, even though this has nothing to do with Obamacare.

This does not mean that the Affordable Care Act is perfect. It is built on top of a faulty health care system, correcting several of its problems. However the bulk of the old system, with all its problems and inefficiencies, have continued. With Obamacare so unpopular, I am surprised that there is not more effort by supporters of a single payer plan to promote this as the solution to the problems of Obamacare, as opposed to Republican proposals which would resume all the problems we had in the past.

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Why The Republicans Won Despite Being Wrong On All The Issues

Paul Krugman points out that the Republicans, despite winning the midterm elections on Tuesday, were wrong on everything:

First, there’s economic policy. According to conservative dogma, which denounces any regulation of the sacred pursuit of profit, the financial crisis of 2008 — brought on by runaway financial institutions — shouldn’t have been possible. But Republicans chose not to rethink their views even slightly. They invented an imaginary history in which the government was somehow responsible for the irresponsibility of private lenders, while fighting any and all policies that might limit the damage. In 2009, when an ailing economy desperately needed aid, John Boehner, soon to become the speaker of the House, declared: “It’s time for government to tighten their belts.”

So here we are, with years of experience to examine, and the lessons of that experience couldn’t be clearer. Predictions that deficit spending would lead to soaring interest rates, that easy money would lead to runaway inflation and debase the dollar, have been wrong again and again. Governments that did what Mr. Boehner urged, slashing spending in the face of depressed economies, have presided over Depression-level economic slumps. And the attempts of Republican governors to prove that cutting taxes on the wealthy is a magic growth elixir have failed with flying colors.

In short, the story of conservative economics these past six years and more has been one of intellectual debacle — made worse by the striking inability of many on the right to admit error under any circumstances.

Then there’s health reform, where Republicans were very clear about what was supposed to happen: minimal enrollments, more people losing insurance than gaining it, soaring costs. Reality, so far, has begged to differ, delivering above-predicted sign-ups, a sharp drop in the number of Americans without health insurance, premiums well below expectations, and a sharp slowdown in overall health spending.

And we shouldn’t forget the most important wrongness of all, on climate change. As late as 2008, some Republicans were willing to admit that the problem is real, and even advocate serious policies to limit emissions — Senator John McCain proposed a cap-and-trade system similar to Democratic proposals. But these days the party is dominated by climate denialists, and to some extent by conspiracy theorists who insist that the whole issue is a hoax concocted by a cabal of left-wing scientists. Now these people will be in a position to block action for years to come, quite possibly pushing us past the point of no return.

He then went on to look at why they won, expressing views similar to what I had written about the election earlier in the week:

Part of the answer is that leading Republicans managed to mask their true positions. Perhaps most notably, Senator Mitch McConnell, the incoming majority leader, managed to convey the completely false impression that Kentucky could retain its impressive gains in health coverage even if Obamacare were repealed.

But the biggest secret of the Republican triumph surely lies in the discovery that obstructionism bordering on sabotage is a winning political strategy. From Day 1 of the Obama administration, Mr. McConnell and his colleagues have done everything they could to undermine effective policy, in particular blocking every effort to do the obvious thing — boost infrastructure spending — in a time of low interest rates and high unemployment.

This was, it turned out, bad for America but good for Republicans. Most voters don’t know much about policy details, nor do they understand the legislative process. So all they saw was that the man in the White House wasn’t delivering prosperity — and they punished his party.

This was their strategy, literally beginning on Day 1, if not earlier. A Frontline documentary described what the Republicans planned:

On the night of Barack Obama’s inauguration, a group of top GOP luminaries quietly gathered in a Washington steakhouse to lick their wounds and ultimately create the outline of a plan for how to deal with the incoming administration.

“The room was filled. It was a who’s who of ranking members who had at one point been committee chairmen, or in the majority, who now wondered out loud whether they were in the permanent minority,” Frank Luntz, who organized the event, told FRONTLINE.

Among them were Senate power brokers Jim DeMint, Jon Kyl and Tom Coburn, and conservative congressmen Eric Cantor, Kevin McCarthy and Paul Ryan.

After three hours of strategizing, they decided they needed to fight Obama on everything. The new president had no idea what the Republicans were planning.

Of course we cannot just criticize the Republicans. The Democrats were at fault when six years later they still had no effective response to this Republican strategy, and were afraid to stand up for their accomplishments. Being right doesn’t do any good politically if they were afraid to explain this to the voters. Democratic candidates ran away from Obama and his policies and then were shocked when the Obama voters didn’t come out to vote for them. As Peter Beinhart wrote, the Democrats cannot keep playing not to lose:

This fall, Democrats ran like they were afraid of losing. Consider the issues that most Democrats think really matter: Climate change, which a United Nations report just warned will have “severe, pervasive and irreversible impacts” across the globe. The expansion of Medicaid, so millions of poor families have health coverage. Our immoral and incoherent immigration system. Our epidemic of gun violence, which produces a mini-Sandy Hook every few weeks. The rigging of America’s political and economic system by the 1 percent.

For the most part, Democratic candidates shied away from these issues because they were too controversial. Instead they stuck to topics that were safe, familiar, and broadly popular: the minimum wage, outsourcing, and the “war on women.” The result, for the most part, was homogenized, inauthentic, forgettable campaigns. Think about the Democrats who ran in contested seats Tuesday night: Grimes, Nunn, Hagan, Pryor, Hagan, Shaheen, Landrieu, Braley, Udall, Begich, Warner. During the entire campaign, did a single one of them have what Joe Klein once called a “Turnip Day moment”—a bold, spontaneous outbreak of genuine conviction? Did a single one unfetter himself or herself from the consultants and take a political risk to support something he or she passionately believed was right?

…We saw the consequences on Tuesday. According to exit polls, voters under 30 constituted only 13 percent of the electorate, down from 19 percent in 2012. In Florida, the Latino share of the electorate dropped from 17 to 13 percent. In North Carolina, the African-American share dropped from 23 to 21 percent.

By positioning himself as a moderate, he may have missed a chance to gin up more enthusiasm within the state’s expanding Democratic base, earning fewer votes in such deep-blue communities as Arlington County and Alexandria than left-of-Warner Gov. Terry McAuliffe (D) did a year ago.

All of it has left some to wonder whether Warner would have won bigger if he had eschewed the middle and embraced the left, and whether the winning path for moderates that Warner forged during his own bid for governor 13 years ago is becoming extinct.

“I think if you look at the returns around the country . . . it raises questions about just how successful the bipartisanship brand really is,” Rep. Gerald E. Connolly (D-Va.) said Tuesday after easily winning a fourth term in Northern Virginia’s 11th Congressional District by talking about women’s rights, immigration reform and climate change — and less about working with Republicans.

Here’s a similar take on what the Democrats did wrong: “They were so focused on independents that they forgot they had a base. They left their base behind. They became Republican-lite.”

That opinion came from Rob Collins, the executive director of the National Republican Senatorial Committee. He also said Democrats “sidelined their best messenger” by running away from Obama, and for not talking about the economy. Republicans might be wrong virtually all the time lately when it comes to governing, but quite often they are smarter than Democrats with regards to politics.

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A Bad Week Gets Worse: Sixth Circuit Court Upholds Bans On Gay Marriage

As if the news wasn’t bad enough on Tuesday, there was even more bad news this week. U.S. Court of Appeals for the Sixth Circuit overturned rulings against bans on same-sex marriage in Kentucky, Michigan, Ohio, and Tennessee. More on the decision at SCOTUSblog.

This decision runs counter to decisions in  4th, 7th, 9th and 10th circuit courts which struck down bans on same-sex marriage in Virginia, Indiana, Wisconsin, Oklahoma, Utah, Idaho and Nevada. This led to neighboring states also eliminating their bans. Having these contradictory decisions means that the Supreme Court, which previously tried to avoid getting involved, will probably be forced to decide the issue.

The news might not be all bad. Doug Mataconis looked at previous decisions of the Supreme Court justices and believes that the court will rule in favor of allowing same-sex marriage. While there is no guarantee of this happening, if it does turn out this way we might actually have legalization of same-sex marriage nation wide during the current court session, speeding up what appears to be an inevitable trend.

If the Democrats had any guts they would speak out on this issue, questioning how the Republicans who claim to be the party of limited government can justify using the power of government to tell people who they may or may not marry. Of course as we were reminded by how they campaigned in the midterm elections, the Democrats do not have such guts. As the saying goes, we have one party with brains but no balls, and one party with no brains but which does have balls.

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Republican Edge Grows Slightly In Latest Polls

Updating Saturday’s post on the prospects for the Democrats to hold onto control of the Senate, Public Policy Polling has new polls out which give the Republicans small leads in Colorado and Alaska. Looking back at the map at electoral-vote.com, based upon polling results, the Democrats now need to take two states where Republicans lead (provided that Greg Orman wins and caucuses with the Democrats) in order to maintain control.

Being behind in Colorado, Alaska, and Iowa reduces the chances for the Democrats to maintain control, leaving the states which will determine control of the Senate in the south. Alaska has flipped each way in the polls, with polling in the state not considered to be terribly reliable. Should it come down to Alaska we could have a long wait on election night. It could take even longer to know who controls the Senate if it comes down to run off elections in Louisiana or Georgia. A two way race in these states would favor the Republicans as the supporters of candidates who don’t make the run off elections are more likely to back the Republican candidate.

As it stands now, Democrats will have to win in all the states where they have a narrow lead, and pull off additional victories in states where they are slightly behind. While this certainly gives the Republicans the advantage, with media models predicting a Republican victory, control of the Senate remains in play as a small shift of only 2-3 percent favoring the Democrats could shift several states. As I discussed on Saturday, state polling in midterm elections is often off by this amount. The Democratic ground game could give them the additional votes needed, but it is also possible that the Republicans can have a mini-wave and exceed their current position by a few points.

Joe Biden does predict that the Democrats will hold the Senate.

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Republicans Have Slight, But Not Insurmountable, Lead Prior To Midterms

The final weekend before the midterm elections the race to control the Senate remains close enough that either party can still win. The Republicans have an edge, but certainly not an insurmountable one. Looking at the most recent polls. electoral-vote.com has the Republicans with 51 seats. This means that the Democrats would only have to win in one state where they are behind provided that they hold onto the seats where they have a slight lead and that Greg Orman caucuses with the Democrats if he wins.

There is far less quality polling in Senate races in a midterm election than in presidential elections, and a slight lead in the polls is far less predictive than a slight lead in a presidential election. If either party out-performs the latest polls by just a couple points the final result could be much more favorable than these predictions, for either party. Sam Wang pointed out the significance of so many races being close:

As I wrote last week, everyone’s calculations are, to an extent, built on sand. Historically, in any given year midterm polls have been off in the same direction by a median of 2 or 3 percentage points. Depending on the year, either Democrats or Republicans end up outperforming polls. In current poll medians, six races are within less than 2 percentage points: Alaska, Colorado, Georgia, Iowa, Kansas, and North Carolina. Therefore all six of these races could be won by Republicans…or all six could be won by Democrats.

The other races total 48 Republicans and 46 Democrats/Independents. Republicans are slightly favored to take control, since an even split of the six close races would give them the 51 seats they need*. However, the likely possibilities range anywhere from a Republican majority of 54-46 to a Democratic majority of 52-48. As of today, cranking through the math and the uncertainties gives a probability of 55% for a Republican takeover.

Nate Silver sees the Republicans as having a significantly higher chance at taking control of the Senate at 68.5  percent.

Among the reasons that the Republicans now have the edge is narrow leads in two states where the Democrats should be competitive, Iowa and Colorado. It is especially disturbing that a candidate as extreme as Joni Ernst can have the momentum in her favor in Iowa, moving to a seven point lead. There remains hope that the Democrats could still win one or both of these states, with early voters possibly favoring Democrats in Iowa. Campaigning by both Clintons and Elizabeth Warren might also help.

The Democrats still have a reasonable shot of maintaining control of the Senate due to unexpectedly competitive races in Kansas, Georgia, and Kentucky. The race in Kentucky is heating up with Democrat Alison Lundergan Grimes filing a suit to attempt to prevent Mitch McConnell  distributing a mailer that it says amounts to illegal voter intimidation tactics.

One reason that the polls could be off by a few points is that the polls are weighted by who the pollster predicts will actually turn out to vote. Democrats hope that their ground game will tilt this in their favor, and are especially counting on their edge among women voters.

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