Morning Digest: North Carolina Democrats have a long but plausible path to retaking Supreme Court

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from Daniel Donner, David Jarman, Steve Singiser, James Lambert and David Beard.

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Leading Off

NC Supreme Court: Longtime jurist Mike Morgan, one of the last two Democratic justices on North Carolina's Supreme Court, announced on Thursday that he would not seek reelection when his current eight-year term is up next year. His decision leaves open a critical seat that Democrats must defend as part of a long-term plan that represents their only realistic path toward rolling back the GOP's iron grip on state politics.

Morgan's 54-46 victory over Republican incumbent Robert Edmunds in 2016 gave Democrats control of the court for the first time since the late 1990s, putting it in a position to finally impose some curbs on GOP lawmakers. Those same lawmakers, however, reacted to Morgan's win by transforming what had previously been nonpartisan elections into partisan contests, meaning that Supreme Court candidates would be identified by their party labels on the ballot.

But that change failed to achieve the outcome Republicans wanted as Democrat Anita Earls flipped a second GOP seat in 2018. And thanks to the resignation of the Republican chief justice the following year, Democratic Gov. Roy Cooper was able to appoint a replacement, extending Democrats' majority to 6-1. Under Democratic leadership, the court handed down rulings in many areas that clamped down on Republican power-grabs and efforts to undermine democracy, including a critical decision just last year holding that partisan gerrymandering violated the state constitution.

That era did not last long. Republicans narrowly won two Democratic seats in 2020, including one by just 401 votes, then won two more last year by margins of 4-5 points. That string of victories returned the GOP to the majority and left Morgan and Earls as the only Democrats and only Black justices on the court. It also immediately ushered in a series of decisions that saw the Republican justices overturn multiple rulings in favor of voting rights by the previous Democratic majority, including the case outlawing gerrymandering.

As a result, Republican legislators will once again be able to draw maps that favor them in the extreme, allowing them to lock in supermajorities despite North Carolina's perennial swing-state status. And the road back to fair maps is a narrow one. North Carolina doesn't allow its citizens to pass laws or amend their constitution through ballot initiatives, and the governor lacks the power to veto redistricting plans. With federal courts closing their doors to partisan gerrymandering challenges thanks to the far-right majority on the U.S. Supreme Court, the only option is for Democrats to focus all their energies on winning back the state Supreme Court.

The road, however, is a long one. It starts with defending Morgan's seat in 2024, though if Democrats are successful, his decision not to run again would come with a silver lining: Morgan would have faced mandatory retirement at the age of 72 in 2027, less than halfway through a second term. A younger justice, by contrast, would be able to serve the full eight years.

They'll then have to ensure Earls wins reelection in 2026 (she would not hit the mandatory retirement age until 2032). After that, they'd have to win two of the three Republican seats that will be up in 2028 for a 4-3 majority. It's also critical that they elect Democratic Attorney General Josh Stein to succeed Cooper next year, since he'd be able to fill any vacancies that arise, including when Republican Chief Justice Paul Newby turns 72 in 2027. A Stein victory would also prevent Republicans from adding two seats to the court that a GOP governor could fill, a plan Republicans have been contemplating for some time.

Republicans also have more immediate designs on changing the rules to benefit themselves. A Republican bill would raise the retirement age to 76, which would allow Newby to complete his term, which otherwise would conclude at the end of 2028, and even run for reelection that year. That would also prevent Stein, should he prevail, from naming a Democrat to Newby's seat in 2027. This retirement provision is included in the GOP's recently unveiled budget, suggesting it's likely to pass before the legislature adjourns this summer.

Yet while 2028 might seem far away, it's still within reach. North Carolina Democrats had to wait 18 years, from 1998 to 2016, to regain a court majority, while progressives in Wisconsin, another similarly swingy state, at last reclaimed control of their own high court earlier this year after a 15-year drought. The horizon this time is five years off. And given the new 12-week abortion ban Republicans just passed over Cooper's veto, Democrats will be able to highlight GOP extremism on the issue, an approach that proved very effective in Wisconsin. The path is not easy, but it is navigable, and it's the one Democrats must take.

Senate

MI-Sen: Michigan Board of Education President Pamela Pugh has filed FEC paperwork for a bid for the Democratic Senate nod. Pugh would be in for a challenging primary battle against Rep. Elissa Slotkin, a former CIA analyst and Department of Defense official who earned an endorsement this week from VoteVets.

Governors

KY-Gov: Democratic Gov. Andy Beshear is launching his first TV ad campaign on Monday, and the GOP firm Medium Buying says the incumbent is putting at least $454,000 behind it. The commercial does not mention Attorney General Daniel Cameron, who won Tuesday's GOP primary, and instead focuses on a first term where Beshear acknowledges, "We've been through a lot these past four years, and some days have been tougher than others."

The governor, who is seated in a church, continues by touting his record bringing jobs to Kentucky, establishing clean drinking water "to folks who've been overlooked and underserved," and working on disaster recovery. "My granddad and great-granddad were preachers in this church," he says before informing the audience, "It was flattened by the tornadoes. But when Kentuckians get knocked down, we get right back up again and we rebuild stronger and better than before."

LA-Gov: Republican Stephen Waguespack has launched what his team says is an opening "six-figure ad buy" for the October all-party primary less than two weeks after his super PAC allies began a $1.75 million campaign to get the first-time candidate's name out. Waguespack, who is a former head of the state's Chamber of Commerce affiliate, introduces himself as "Wags" before bemoaning the state's economic, education, and public safety struggles.

Prosecutors and Sheriffs

Northampton County, PA District Attorney: While Democratic incumbent Terry Houck almost certainly won the Republican nomination through a write-in campaign Tuesday, local Republican Party head Glenn Geissinger is making it clear that his organization won't do anything to help the district attorney in the general election. Instead, Geissinger tells LehighValleyNews.com that he's even spoken to an unidentified Republican interested in waging their own November write-in effort to compete with the incumbent and former local Judge Stephen Baratta, who beat Houck 54-46 for the Democratic nod. Biden won this Lehigh Valley county 50-49.

Obituaries

Charles Stenholm: Former Texas Rep. Charles Stenholm, a leader of the conservative "boll weevil" Democrats who lost his seat in rural West Texas in 2004 as a result of GOP Majority Leader Tom DeLay's infamous gerrymander, died Wednesday at 84. The congressman, who was later a prominent Blue Dog Democrat, often frustrated his party during his 26-year career, though he always turned down GOP appeals to join their own ranks.  

Stenholm, who managed his family's cotton farm and was known as the "cotton farmer from Stamford" throughout his career, first got the chance to run for office in 1978 when his fellow Democrat, Rep. Omar Burleson, retired from what was then numbered the 17th District. While today the communities contained within the borders of that sprawling constituency, which included Abilene, are some of the most Republican places in America today, Democrats back then were still the dominant faction. Jimmy Carter, according to analyst Kiernan Park-Egan, had defeated President Gerald Ford 57-43 two years before, and Stenholm's decisive win in the primary runoff set him up for an easy victory in the fall.  

The new congressman was reelected without opposition in 1980 even as, per Park-Egan, Ronald Reagan triumphed 55-44 in his seat, and he quickly made himself an ally of the new administration. Stenholm was a prominent boll weevil, a faction that handed Reagan crucial victories on tax and budget bills in the Democratic-run House, and he even launched a doomed leadership challenge from the right against Speaker Tip O'Neil following Reagan's 1984 landslide. But the Texan thrived electorally during this era, and he didn't even face a single Republican foe for reelection until 1992―a campaign he won with 66%.

The incumbent experienced his first single-digit victory in 1994 when he prevailed 54-46 as the GOP was taking control of the House, a campaign that came weeks before Stenholm badly failed to unseat Michigan Rep. David Bonior as party whip, but he was still able to maintain more than enough crossover support to remain in office for another decade. Stenholm, whom Speaker Newt Gingrich unconvincingly dubbed "the most effective left-winger in Congress," experienced a closer scare in 1996 when he held on 52-47 against Republican Rudy Izzard as his constituents backed Bob Dole for president 50-39, but he won their rematch 54-45 the following cycle.

Stenholm was one of five Democrats to vote for three of the four articles of impeachment against Bill Clinton, but his area's increasing drift to the right made his political survival all the more difficult. In 2002 he secured another term 51-47 in a constituency that George W. Bush had won 72-28 two years prior (Donald Trump would have carried that version of the 17th 79-19 in 2020), a win that came the same day that Texas Republicans were taking full control of the legislature for the first time since Reconstruction.

DeLay soon engineered a gerrymandered map that led to a faceoff between Stenholm and Republican Rep. Randy Neugebauer in a new 19th District that had favored Bush 75-25 and included far more of Neugebauer's territory, but the Democrat still fought to stay in office. Stenholm, who was the top Democrat on the House Agriculture Committee, aired ads touting his seniority and "old-fashioned values," and he argued that he could do a better job providing for his district than his opponent. Stenholm, though, struggled to win crossover support from voters who didn't know him, especially with Bush himself touting Neugebauer, and he looked doomed well before Election Day.

Stenholm ran far ahead of John Kerry, but the new 19th was so red that it was far from enough: Bush took the new 19th 78-23, while Neugebauer toppled Stenholm 58-40. The Democrat, who went on to become a lobbyist and college instructor, did express optimism weeks after his defeat that four new Blue Dogs would be joining Congress, saying, "These Blue Puppies are very impressive. They will carry on the fight."

Morning Digest: Republican who got bounced from ballot in governor’s race now weighing Senate bid

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from Daniel Donner, David Jarman, Steve Singiser, James Lambert and David Beard.

Subscribe to The Downballot, our weekly podcast

Leading Off

MI-Sen: The latest Michigan Republican to express interest in the state's open Senate race is former Detroit Police Chief James Craig, who ran a chaotic 2022 campaign for governor even before he was ejected from the ballot over fraudulent signatures. But Craig, who went on to wage a hopeless write-in campaign last year, remains characteristically undeterred, telling The Detroit News he's giving a Senate effort a "real critical look" but has no timeline to make up his mind. Several more disastrous Republican candidates from last cycle are also eyeing Senate runs in other states, though unlike Craig, they were at least able to make the ballot before losing.

Craig was the frontrunner in the summer of 2021 when he entered the GOP primary to take on Democratic Gov. Gretchen Whitmer, though his initial announcement that he was forming an exploratory committee―an entity that doesn't actually exist under Michigan law―was an early omen about the problems ahead. Indeed, the former chief's bid would experience several major shakeups, including the departure of two different campaign managers in less than four months.

Craig, who also made news for his heavy spending, got some more unwelcome headlines in April of 2022 when Rep. Jack Bergman announced he was switching his endorsement to self-funding businessman Perry Johnson; Bergman complained that his first choice ignored "campaigning in Northern Michigan and the [Upper Peninsula] in favor of a self proclaimed Detroit-centric approach." Still, polls showed Craig well ahead in the primary as he sought to become the Wolverine State's first Black governor.

Everything changed in May, though, when election authorities disqualified Craig, Johnson, and three other contenders from the ballot after they fell victim to a huge fraudulent signature scandal and failed to turn in enough valid petitions. Both Craig and Johnson both unsuccessfully sued to get reinstated, but only the former chief decided to forge ahead with a write-in campaign to win the GOP nod.

Craig blustered, "I'm going to win," but he became an afterthought even before far-right radio commentator Tudor Dixon emerged as the new frontrunner. Craig's write-in effort ended up taking all of 2% of the vote, though he was far from willing to back Dixon after she secured the nomination that once looked his for the taking. He instead endorsed U.S. Taxpayers Party contender Donna Brandenburg, who had also been ejected from the Republican primary, saying that Dixon's extreme opposition to abortion rights went too far even for him. Whitmer soon won 54-44, with Brandenburg in fourth with just 0.4%.

Craig's newest campaign flirtations come at a time when no major Republicans have stepped up to run for the Senate seat held by retiring Democratic incumbent Debbie Stabenow. The only notable declared contender is state Board of Education member Nikki Snyder, who also failed to make the primary ballot in 2020 when she tried to challenge Democratic Rep. Elissa Slotkin. (Dixon herself didn't shut the door on a Senate bid right after Stabenow announced her departure in January, but we've heard little from her over the following three months.)

Slotkin continues to have the Democratic side to herself, though actor Hill Harper reportedly plans to run and state Board of Education President Pamela Pugh is publicly considering herself.

1Q Fundraising

  • CA-30: Mike Feuer (D): $654,000 raised (in eight weeks), $630,000 cash on hand
  • RI-02: Seth Magaziner (D-inc): $360,000 raised

Senate

CT-Sen: Democratic Sen. Richard Blumenthal on Sunday underwent what he said was a “completely successful” surgery for a broken leg after someone accidently tripped and collided with him at the previous day’s victory parade for the University of Connecticut's men’s basketball team. Homestate colleague Chris Murphy tweeted, “FYI after he broke his femur he got back up, dusted himself off, and FINISHED THE PARADE,” adding, “Most Dick Blumenthal thing ever.”

MS-Sen: Far-right state Rep. Dan Eubanks has filed FEC paperwork for a potential Republican primary bid against Sen. Roger Wicker, who doesn’t appear to have made many intra-party enemies. Eubanks, who said in 2020 his family would not be getting vaccinated for COVID, introduced a pair of bills the next year to criminalize abortion and to prevent employers from requiring COVID vaccines.

MT-Sen: Rep. Matt Rosendale doesn’t seem to be in the least bit of a hurry to reveal if he’ll seek a rematch with Democratic Sen. Jon Tester, telling CNN, “We’re just taking a nice slow time to let the people in Montana decide who they want to replace him with.”

PA-Sen: Sen. Bob Casey confirmed Monday he’d seek a fourth term, a long-anticipated decision that still relieves Democrats who weren’t looking forward to the idea of defending an open seat in a swing state. Republican leaders continue to hope that rich guy ​​Dave McCormick will take on Casey after narrowly losing the 2022 primary for the other Senate seat, though McCormick has yet to reveal any timeline for deciding beyond sometime this year. Those same GOP leaders are also not looking forward to the prospect that state Sen. Doug Mastriano could make trouble for them again after his catastrophic bid for governor last cycle.

WI-Sen: CNN reports that GOP leaders are urging Rep. Mike Gallagher to take on Democratic Sen. Tammy Baldwin, and he’s characteristically not quite ruling it out. “I’m not thinking about it at present,” the congressman said, which is similar to the response he’s given for months. He added of his time in office, “I’d never conceived of this as a long-term thing; I don’t think Congress should be a career ... I’m going to weigh all those factors and see where I can make the best impact.”

Governors

LA-Gov: Republican Stephen Waguespack says he’s raised about $900,000 in the four weeks since he stepped down as head of the Louisiana Association of Business and Industry to run for governor, but his super PAC allies have taken in considerably more to help jump start his campaign. Delta Good Hands and Reboot Louisiana together have hauled in $2.23 million during the not-quite quarterly fundraising period that finished April 7; reports are due for everyone April 17.

House

CA-45: Attorney Aditya Pai announced Monday that he would campaign as a Democrat against Republican Rep. Michelle Steel in next year’s top-two primary for a constituency Biden carried 52-46. Pai, who immigrated from India as a child, would be the first Indian American to represent an Orange County-based seat in Congress.

Also in the running are two fellow Democrats: Garden Grove City Councilwoman Kim Bernice Nguyen and attorney Cheyenne Hunt, a former consumer advocate from Public Citizen whom Politico says enjoys a "substantial TikTok following."

OH-09: Real estate broker Steve Lankenau, who served as mayor of the small community of Napoleon from 1988 to 1994, has announced that he's joining the GOP primary to take on Democratic Rep. Marcy Kaptur.

Another local Republican, disastrous 2022 nominee J.R. Majewski, made news briefly Friday when he updated his information with the FEC, though some outlets initially and incorrectly reported that he'd filed paperwork for a rematch with Kaptur. As we've written before, though, what look like new filings from defeated candidates often have more to do with resolving financial and bureaucratic matters from their last campaign than they do about the future, and Majewski himself said, "Unfortunately I have not filed a statement of candidacy."

PA-07, PA-08, PA-17: Inside Elections' Erin Covey surveys the potential Republican fields in a trio of Democratic-held House seats in Pennsylvania, though no big names have so much as publicly expressed interest in running yet.

We'll start in Democratic incumbent Susan Wild's 7th District in the Lehigh Valley, a constituency Joe Biden took just 50-49 in 2020. Covey reports that Lisa Scheller, whom Wild narrowly held off in both 2020 and 2022, hasn't ruled out another try, though unnamed Republicans doubt she'll wage a third campaign. There's been some chatter about state Rep. Ryan Mackenzie and Kevin Dellicker, who lost last year's primary to Scheller just 52-48, though no word if either is interested.

The situation is similar in Rep. Matt Cartwright's 8th District just to the north, a Scranton/Wilkes-Barre constituency that Donald Trump carried 51-48. Another two-time nominee, Jim Bognet, reportedly hasn't closed the door on another attempt, but a GOP source tells Covey there's "definitely donor fatigue" about him. State Sen. Rosemary Brown and gastroenterologist Seth Kaufer have been talked about as alternatives, but a party operative acknowledges, "It's been oddly quiet at this point in terms of people talking with other people about potentially running."

There seems to be a bit more interest in taking on freshman Democratic incumbent Chris Deluzio in the 17th District across the state in the Pittsburgh suburbs, though still no takers yet for this 52-46 Biden seat. Covey writes that 2022 nominee Jeremy Shaffer, who lost to Deluzio 53-47, "has shown some interest" in a 2024 attempt, as has state Rep. Rob Mercuri. A few other Republicans have also been mentioned including 2022 primary runner-up Jason Killmeyer; businesswoman Tricia Staible, who dropped out before the primary; Allegheny County Councilman Sam DeMarco; and former state House Speaker Mike Turzai.

RI-01: Former state Rep. Aaron Regunberg declared Monday that he would compete in the upcoming special election while his fellow Democrat, state Rep. Steve Casey, has filed FEC paperwork and says he'll also announce soon. Regunberg in 2018 waged a primary bid against Lt. Gov. Dan McKee, who had long had an uneasy relationship with progressives and unions. The challenger, who accused McKee of accepting "dark money" from PACs, also benefited from the support of several major labor groups, and it was almost enough to unseat him.

But McKee, who argued that he'd be better positioned to lead the state should Gov. Gina Raimondo leave office early, maintained the backing of most Ocean State politicos, and he held on 51-49 before decisively winning the general election. The scenario the incumbent predicted indeed came to pass in 2021 when Raimondo became U.S. secretary of commerce and McKee replaced her as governor.

Judges

NY Court of Appeals: Democratic Gov. Kathy Hochul announced Monday that her new nominee to head New York's highest court would be a current member of its liberal wing, associate Judge Rowan Wilson, a development that comes almost two months after the state Senate overwhelmingly rejected her first choice for chief judge of the Court of Appeals. Hochul also revealed that she'd be picking attorney Caitlin Halligan, who is a former state solicitor general, to take the associate seat Wilson would be vacating.

New York Focus' Sam Mellins predicted that Halligan would be the swing vote on a body where liberals and conservatives have been evenly split since conservative Chief Judge Janet DiFiore unexpectedly resigned last year. DiFiore's departure last time gave Hochul a chance to reshape the court―a chance she very much did not take at first.

In New York the governor is required to pick from a list of seven court nominees submitted by the Commission on Judicial Nominations, and The Daily Beast reported in January that the one name that labor groups objected to was the person Hochul opted for, Hector LaSalle. LaSalle needed a majority of the state Senate to vote his way, but the Democratic-led body ultimately delivered him a historic 39-20 rejection.  

Prominent liberals this time responded by praising Wilson, who would be the Court of Appeals' first Black chief judge, while Halligan's nomination hasn't attracted anything like the backlash that greeted LaSalle. The Center for Community Alternatives, the progressive coalition that helped block LaSalle earlier this year, said that, while Halligan's time representing "a prosecutor's office and of major corporations in disputes against their employees and others raises concerns," she would still be "a marked improvement" from DiFiore.

CCA, which also noted Halligan had represented progressives, called for the state Senate to "scrutinize her closely in its consideration of her nomination." Majority Leader Andrea Stewart-Cousins and other powerful Democrats who opposed LaSalle in turn issued statements supportive of both Wilson and Halligan.

PA Supreme Court: Newly released fundraising reports for the May 16 primaries show that the two contenders who have the backing of their respective state party, Democrat Daniel McCaffery and Republican Carolyn Carluccio, hold a big edge over their intra-party foes. The post everyone wants to win on Nov. 7 became vacant last September when Chief Justice Max Baer died at the age of 74, just months before the Democrat was required to retire because of age limits.

McCaffery outraised fellow Superior Court Judge Deborah Kunselman $141,000 to $56,000 among donors during the first three months of 2023, with Kunselman throwing down another $11,000. Carluccio, who holds the title of president judge in Montgomery County, meanwhile raised $122,000 and threw down another $25,000.

Finally, Spotlight PA says that almost all of the $11,000 that Commonwealth Court Judge Patricia McCullough hauled in came from the campaign of state Sen. Doug Mastriano, the QAnon ally who was the GOP's 2022 nominee for governor.

Legislatures

TN State House: Just days after being expelled from the Tennessee legislature for taking part in a demonstration on the House floor, Democrat Justin Jones was unanimously restored to his post by Nashville’s Metropolitan Council. Republicans had sought Jones' ouster after he used a megaphone to lead a chant in favor of gun law reforms from the chamber's well, but the state constitution gives local county governments the power to fill vacancies. (The Metro Council is officially nonpartisan but leans Democratic.)

The constitution also forbids lawmakers from punishing members twice for the same offense, so Jones should be able to keep his seat until a special election can be held for a permanent replacement—a race in which he's also eligible to run. Jones was unopposed last year in his bid for the safely blue 52nd District, though he first had to win a competitive primary.

A second Democrat who was ejected from the House, Justin Pearson, is also likely to be reinstated when the Shelby County Commission meets on Wednesday to discuss the fate of the Memphis-area 86th District, another deep blue seat. Like Jones, Pearson also ran uncontested when he won a special election just last month after dominating a large primary field.

One commissioner who supports Pearson said that Republican legislative leaders have threatened to cut funding for the county if it sends Pearson back to the legislature. GOP lawmakers have also retaliated against Nashville for thwarting their plans to host the 2024 Republican convention by, among other things, passing a bill to cut the 40-member Metro Council in half, but that effort was temporarily blocked by a court on Monday.

Mayors and County Leaders

Allegheny County, PA Executive: The first poll we've seen of the May 16 Democratic primary is an early March survey from the GOP firm Public Opinion Strategies for the "business-organized labor-workforce-economic development alliance" Pittsburgh Works Together, and it shows county Treasurer John Weinstein leading Pittsburgh Controller Michael Lamb 28-24 as state Rep. Sara Innamorato took 17%. No other candidate earned more than 2% in the nomination fight to succeed termed-out incumbent Rich Fitzgerald in this loyally blue community.

WESA's Chris Potter writes that, while party insiders "say the numbers track with other internal polls taken in March," much has happened since this POS survey was conducted. Weinstein launched his first ads in late February and had a monopoly on the airwaves for weeks, but Lamb, Innamorato, and attorney Dave Fawcett have since started running commercials. Weinstein also has attracted weeks of scrutiny over his ethics in office, including what Potter weeks ago characterized as "alleged secret deals to be returned to the board of the county's sewer authority."

Philadelphia, PA Mayor: A judge on Monday issued a temporary order banning grocer Jeff Brown’s super PAC allies from spending more money on his behalf, a move that came after the Philadelphia Board of Ethics filed a lawsuit alleging that Brown and For A Better Philadelphia had improperly coordinated ahead of the May 16 Democratic primary. The PAC’s attorney said that the group, which has spent $1.1 million, had finished its spending for the campaign and would agree to the order, though it pushed back on the board’s claims. A full hearing is set for April 24.

The board alleges that Brown “engaged in extensive fundraising” for the PAC’s nonprofit arm, which in turn financed its electoral efforts. The candidate’s attorney disputes this, calling the suit “a disagreement on campaign finance between the lawyers.”