Morning Digest: Democratic landslide in Alabama is massive warning for GOP on IVF

The Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from the Daily Kos Elections team.

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Leading Off

 AL State House: Democrat Marilyn Lands defeated Republican Teddy Powell on Tuesday in a 62-37 landslide, easily prevailing in a nationally watched special election for a GOP-held seat in the Alabama House of Representatives.

Lands outperformed the 10th District's normal lean by wide margins: Donald Trump carried the district by a 49-48 spread in 2020, according to Dave's Redistricting App, while voters favored Republican David Cole over Lands 52-45 two years later.

While Republicans will still retain their supermajority in the chamber, both parties were paying close attention to see whether a recent ruling from the Alabama Supreme Court that threatened access to in vitro fertilization could be a winning issue in competitive areas like this suburban Huntsville constituency.

Lands focused intently on reproductive rights in her campaign to replace Cole, who resigned last summer after getting convicted on voter fraud charges. "It's shameful that today women have fewer freedoms than I did two decades ago," she said in one spot excoriating the state's near-total abortion ban. Lands, a mental health counselor, also argued the legislature didn't do enough to protect IVF when it passed a law earlier this month that shields clinics from liability.

Powell, a member of the City Council in Madison, adopted a very different strategy. He instead focused on issues like infrastructure and downplayed the importance of reproductive rights. "It's certainly an issue that needs to be dealt with," he told Politico, "but not our top issue. I don't think that this is the issue that wins or loses the race."

That calculus turned out to be wrong, and Lands just gave Democrats good reason to believe that Powell will be only the first of many Republicans to pay the price at the ballot box this year.

Senate

NJ-Sen: Candidate filing closed Monday for New Jersey's June 4 primaries, and the New Jersey Globe has a list of contenders. Not everyone who turned in paperwork will necessarily make the ballot, though, since anyone can challenge the validity of a candidate's petitions.

The GOP's Senate lineup shrunk just before the deadline when former TV reporter Alex Zdan announced he was dropping out. His departure leaves developer Curtis Bashaw, who picked up Zdan's endorsement the next day, and Mendham Borough Mayor Christine Serrano Glassner as the main Republican candidates campaigning in this solidly blue state.

Rep. Andy Kim, meanwhile, is the heavy favorite for the Democratic nomination after his top rival, former financial analyst Tammy Murphy, unexpectedly dropped out just ahead of the filing deadline.

TX-Sen: Marist College finds Republican Sen. Ted Cruz leading Democratic Rep. Colin Allred 51-45, with respondents favoring Donald Trump by a larger 55-44 spread. This is Marist's first look at this race, as well as the first poll we've seen here since Allred won the March 5 primary.

Governors

IN-Gov: Republican Sen. Mike Braun made news on Friday when he missed the vote to avert a government shutdown hours after he attended a fundraiser back in Indiana, prompting one of his intra-party rivals for governor to quickly release an ad taking him to task.

Wealthy businessman Eric Doden's spot focuses on a claim by Braun's chief of staff that the senator mistakenly believed the matter would be settled the next day and therefore "decided to spend the night at home and fly out Saturday morning."

"Senator Braun: Sleeping on the job?" reads the on-screen text at the conclusion of the almost wordless commercial. Politico's Adam Wren reminds us that Braun labeled Democratic Sen. Joe Donnelly "Sleepin' Joe" during his successful 2018 campaign.

House

FL-27: EMILYs List has endorsed Miami-Dade County School Board member Lucia Baez-Geller's campaign to take on GOP Rep. María Elvira Salazar. Baez-Geller faces former Key Biscayne Mayor Mike Davey in the Aug. 20 Democratic primary for this Miami-area seat.

TX-22: The House Ethics Committee announced Tuesday that it's investigating Republican Rep. Troy Nehls, but it did not provide any details about why. Nehls subsequently described the probe as an "inquiry into my campaign's finances," though he didn't offer further information about the allegations. The Ethics Committee has pledged to "announce its course of action in this matter" by May 10.

Nehls won renomination without opposition this month in Texas' 22nd District, a suburban Houston constituency that backed Donald Trump 57-41 in 2020.

Attorneys General

TX-AG: Federal prosecutors announced a deal with Texas Attorney General Ken Paxton on Tuesday under which they agreed to drop his nearly nine-year-old indictment for securities fraud as long as he pays $271,000 in restitution over the next 18 months. The agreement also requires the far-right Republican to perform 100 hours of community service, but he'll face no jail time.

The Texas Tribune, however, notes that Paxton's legal woes are not all resolved. Federal authorities reportedly are continuing to investigate whether the attorney general used his post to benefit a wealthy ally. The state House impeached Paxton last May over these allegations, only for the Senate to subsequently acquit him.

Four of Paxton's former top aides are also still suing him for allegedly retaliating against them for helping in the federal investigation. The Texas State Bar additionally brought a lawsuit for professional misconduct lawsuit against him in 2022 over his efforts to overturn the results of the last presidential election, though the case remains unresolved.

Paxton has spent the last several months working to punish the Republicans who crossed him last year. The attorney general backed a slate of legislative candidates in the March 5 primaries, several of whom ousted his enemies.

Other GOP incumbents, including state House Speaker Dade Phelan, were forced into runoffs, which will take place on May 28. Donald Trump in January joined Paxton in supporting David Covey's bid to unseat Phelan, with Trump citing the speaker's support for what he characteristically dismissed as "the Fraudulent Impeachment."

Paxton, however, has hinted that he could personally challenge an even more prominent intra-party critic next cycle rather than seek a fourth term. In September, he celebrated his acquittal by the state Senate by telling Fox he wasn't ruling out a primary bid against Sen. John Cornyn in 2026.

Paxton intensified Senate chatter last month when he responded to the news that Cornyn would seek to replace Mitch McConnell as the chamber's top Republican by tweeting, "It will be difficult for @JohnCornyn to be an effective leader since he is anti-Trump, anti-gun, and will be focused on his highly competitive primary campaign in 2026." Cornyn fired back by snarking, "Hard to run from prison, Ken," a response that lost much of its bite on Tuesday.

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The war between Matt Gaetz and Kevin McCarthy is far from over

The House Ethics Committee is conducting an investigation into Rep. Matt Gaetz that includes reaching out to a woman he reportedly had sex with while she was still a minor. CNN reported Thursday that this investigation is now expanding, with the committee seeking information from a former Capitol Hill staffer described both as Gaetz's “ex-girlfriend” and a “key witness.”

In CNN’s words, the investigation includes “allegations of sex crimes, drug use, and illicit benefits.” But Gaetz is reportedly adamant that the whole thing is just “payback” for his role in ousting former Speaker of the House Kevin McCarthy.

Despite the source, there may be some truth to Gaetz’s claims. McCarthy may no longer be in the House, but he is reportedly "out for blood" and going on a "revenge tour" to get back at Gaetz and others he feels betrayed him.

While members of the House Ethics Committee have declined to comment, an attorney for Gaetz’s ex-girlfriend informed CNN that she is a potential witness in the ongoing investigation. The woman’s relationship with Gaetz reportedly goes back to 2017, which is the same period in which Gaetz was reportedly involved in sexual contact with a 17-year-old girl. 

A federal probe into allegations that Gaetz was involved in sex trafficking ended in 2023, with no charges filed against Gaetz. That investigation was connected to a scheme involving Florida tax collector Joel Greenburg—a reported friend of Gaetz—who was sentenced to 11 years in prison for six federal charges including sex trafficking, identity theft, and wire fraud.

The House Ethics Committee resumed its investigation into Gaetz in June 2023, several months before McCarthy was ousted. According to private correspondence that The Daily Beast reviewed, Gaetz told a friend that his effort to undercut and remove McCarthy from the speaker position was payback for launching the ethics probe. Gaetz ultimately forced the vote that ousted McCarthy, and was obviously pleased with the outcome.

“We heard Speaker McCarthy say that he wanted us to ‘Bring it on!’ Gaetz told reporters after the vote ended McCarthy’s term as speaker. “So I guess we did.”

In addition to the satisfaction of seeing McCarthy sidelined, the move also seems to have generated an infusion of cash for Gaetz. According to Politico, six of the eight Republican House members who voted to oust McCarthy saw an increase in small-dollar fundraising over the next quarter. Gaetz had a quarter-over-quarter jump of $725,000 from donors giving under $200. 

In December, the angry and humiliated McCarthy resigned from the House. But even though Gaetz won the battle, McCarthy doesn’t seem to be finished with the war.

Vanity Fair describes McCarthy as “out for blood,” and Politico says he is overseeing an effort to find primary challengers for the “Gaetz Eight.”

The New Republic calls it McCarthy’s “revenge tour” and says he knows exactly who he is targeting first: Reps. Nancy Mace, Bob Good, and Eli Crane. McCarthy’s allies judge these three to be the most vulnerable. Mace may be at the front of the line because she is described as having been a member of McCarthy’s “inner circle” before she voted for his removal.

After being removed from office and resigning from the House, McCarthy may seem to be a less-than-fearsome opponent when it comes to launching a campaign of revenge. However, previous to his ouster, he was known as the Republican’s best fundraiser. According to The New Republic, McCarthy is still able to tap his donor network to power primary challenges to those against the Republicans on his hit list. There are even indications that McCarthy’s vengeance tour could continue beyond this election cycle, as he works his way through Gaetz’s supporters. 

Whether or not McCarthy is successful, the idea that the best Republican fundraiser is busy raising funds to take down Republican incumbents seems like a very good thing for Democrats, as well as another battle in the Republican’s intraparty warfare. 

Maybe McCarthy should pick up a yellow jumpsuit and a katana.

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EMILY's List has been devoted to electing pro-choice Democratic women for 40 years, a mission that's grown only more critical since the fall of Roe. Joining us on "The Downballot" this week is Christina Reynolds, one of EMILY's top officials, to tell us about how her organization recruits, supports, and advises women candidates at all levels of the ballot nationwide. Reynolds explains the unique challenges women face, from a lack of fundraising networks to judgments about their qualifications that never seem to stick to men. She tells us how Dobbs has—and hasn't—changed campaigning for EMILY's endorsees and spotlights a wide range of key races the group is involved in this year.