Why The Expectation Of A Republican Landslide In November 2022 May Be Overstated – Above the Law
The past couple of weeks have seen endless pundits predicting gloom and doom for the Democrats next year: Bidens approval rating is down. The party of the incumbent president always loses ground in midterm elections. Republicans control most state legislatures, so the decennial gerrymandering of Congressional districts will play out in Republicans favor. Inflation is up, and thats a pocketbook issue that will matter to voters. Finally, look at the results in the Virginia and New Jersey gubernatorial races.
Woe is Democrats!
Someone should offer a (slightly) contrary view.
Ive got some good news for you: Im just the guy to do it.
Three things are actually likely to be working in the Democrats favor by the time of next years midterm elections.
First, the pandemic is likely to be essentially under control in the United States by November 2022. One of the keys to controlling the pandemic is convincing (or coercing) the vaccine-hesitant to get the COVID-19 vaccine. Until the FDA approved approved, not approved through an emergency use authorization the COVID-19 vaccines, the government was hesitant to compel vaccinations. Once the FDA approved the vaccines, the government moved fairly rapidly to require government contractors and large employers to have their employees vaccinated. Although there are legal objections to those vaccination programs, theyre likely to have an impact. And those programs give other private employers the cover they need to require their employees to get vaccinated.
Add to that the availability of vaccines for children over 5 and likely under 5 by next spring and COVID-19 may be essentially under control in the United States by November 2022.
Nothing is certain, of course. Ive restricted my prediction to COVID-19 in the United States; the virus will probably still be running rampant overseas. And theres always the chance that a new, vaccine-resistant variant will emerge, putting public health, and the Democrats, back to square one. But, barring that public health disaster, the United States could almost be back to normal next year, and Democrats will benefit from that.
I suspect that Bidens approval rating will move inversely to infection rates. By November 2022, infection rates will decrease, and Bidens approval rating will improve, along with the Democrats chances.
Second, the economy is looking pretty good right now, and thats likely to continue for another 12 months. Were emerging from the virus; thats likely to continue. Businesses that benefit from the re-opening trade will reap the rewards. Unemployment is currently low and likely to move lower. Wages are increasing.
For the most part, the economy is doing well, and its likely to continue doing well for another year. Democrats will benefit.
Finally, everyone seems to be ignoring the possibility that Trump will be indicted between now and November 2022. New grand juries have been convened in New York and Georgia to investigate possible financial and electoral misconduct, respectively. Isnt the smart money betting that at least one of those two investigations will lead to an indictment?
If an indictment is handed down, any case against Trump is likely to be pending trial in November 2022. This puts Republicans in an awful bind: Trump will continue to insist that candidates pledge loyalty to him, insisting that any indictment is a Democrat-inspired witch hunt. Candidates will want to distance themselves from Trump, but Trump wont permit it. Whats a candidate to do?
Thats a tricky situation for all Republican candidates, and it cant help a political party to have its leading figure at risk of going to prison.
My crystal ball is of course cloudy. None of these events may come to pass. Even if they do, the many advantages that Republicans have in the midterm elections may outweigh the advantages accruing to the Democrats. But fate is funny, and I suspect that Democrats are not in as much trouble as the conventional wisdom suggests.
(Allow me to end on a point of personal privilege: Happy birthday to me! Today marks the eleventh anniversary of this column at Above the Law. Eleven years! Heaven help me, but thanks for reading.)
MarkHerrmannspent 17 years as a partner at a leading international law firm and is now deputy general counsel at a large international company. He is the author of The Curmudgeons Guide to Practicing LawandDrug and Device Product Liability Litigation Strategy(affiliate links). You can reach him by email atinhouse@abovethelaw.com.
Originally posted here:
Why The Expectation Of A Republican Landslide In November 2022 May Be Overstated - Above the Law
- Fact-checking Republican and Democratic claims about Medicaid cuts in the GOP bill - CNN - May 22nd, 2025 [May 22nd, 2025]
- Trump lashes out at Kentucky Republican Thomas Massie: 'He should be voted out of office' - USA Today - May 22nd, 2025 [May 22nd, 2025]
- Republican-led House set to vote on Trump agenda 'Big Beautiful Bill' - ABC11 - May 22nd, 2025 [May 22nd, 2025]
- By the Numbers: House Republican Tax Agenda Favors the Wealthy and Leaves Millions of Working Families Behind - Center on Budget and Policy Priorities - May 22nd, 2025 [May 22nd, 2025]
- Speaker Johnson Remarks on Passage of Republican Tax and Spending Bill - C-SPAN - May 22nd, 2025 [May 22nd, 2025]
- Trump struggles to convince Republican holdouts in Congress on tax bill - Reuters - May 22nd, 2025 [May 22nd, 2025]
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- Republican unity to be tested in talks over Trumps big, beautiful bill - The Guardian - April 30th, 2025 [April 30th, 2025]
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- He was too conservative for the Republican Party. Now hes a leading candidate. - Politico - April 21st, 2025 [April 21st, 2025]
- Trumps ex-chief of staff says fear among Republican politicians is the consequence of disagreeing with him - The Independent - April 21st, 2025 [April 21st, 2025]
- Republican Agendas Triple Threat to Low- and Moderate-Income Family Well-Being - Center on Budget and Policy Priorities - April 21st, 2025 [April 21st, 2025]
- Republican US Senator Murkowski on threat of Trump retaliation: 'We are all afraid' - Reuters - April 21st, 2025 [April 21st, 2025]
- Commentary: Alaska Republican speaks truth about Trump: 'Retaliation is real. And thats not right.' - Los Angeles Times - April 21st, 2025 [April 21st, 2025]
- Republican state senator says new audits show need to pare down DEI spending in Wisconsin - WPR - April 21st, 2025 [April 21st, 2025]
- Republican Senator 'Very Anxious' and 'Afraid' of Trump's Retaliation - Newsweek - April 21st, 2025 [April 21st, 2025]
- Democratic state rep. reportedly clingwraps Republican colleagues car in parking dispute - MLive.com - April 21st, 2025 [April 21st, 2025]
- Former OneRepublic bassist to take on California House Republican in tight district - AP News - April 21st, 2025 [April 21st, 2025]
- Will end badly for him: Republican Karl Rove says Americans are already tired of Trump - The Independent - April 21st, 2025 [April 21st, 2025]
- Republican Senator Confronted At Town Hall Over Trump: 'Shameful' - Newsweek - April 21st, 2025 [April 21st, 2025]
- Takeaways from APs report on pardoned Jan. 6 rioters being embraced in Republican politics - AP News - April 21st, 2025 [April 21st, 2025]
- In dispute over local elections, Wyoming Republican Party attorney says law, court ruling dont apply - Wyoming Tribune Eagle - April 21st, 2025 [April 21st, 2025]
- Republican senators break ranks to call for investigation of Signal leak scandal - The Guardian US - March 26th, 2025 [March 26th, 2025]
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- Texas Republican Introduces Bill to Address the Nonexistent Problem of Furries in Schools - Them - March 26th, 2025 [March 26th, 2025]
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- The NYS Senate Republican Conference Demands Changes to Discovery Law be Included in State Budget - THE WELLSVILLE SUN - March 26th, 2025 [March 26th, 2025]
- Former Utah Rep. Mia Love, the first Black Republican woman elected to the US House, has died - ABC News - March 26th, 2025 [March 26th, 2025]
- Could California voters be warming to the idea of a Republican governor in 2026? - Sacramento Bee - March 26th, 2025 [March 26th, 2025]
- Mia Love, First Black Republican Woman Elected to Congress, Dies at 49 - The New York Times - March 26th, 2025 [March 26th, 2025]
- Republican candidate for Canonsburg-based magistrate race removed from ballot - Observer-Reporter - March 26th, 2025 [March 26th, 2025]
- UnitedHealthcare 'Pushing' Boundaries of Medicare Fraud, Republican Says - Newsweek - March 26th, 2025 [March 26th, 2025]
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- Sins of the past do not budge Republican Senate from voting to end DEI in higher ed - Kentucky Lantern - March 13th, 2025 [March 13th, 2025]
- Republican Full-Year Continuing Resolution - House Committee on Appropriations | - March 13th, 2025 [March 13th, 2025]
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- Tariffs Offer Latest Example of Trump Remaking the Republican Party | Opinion - Newsweek - March 13th, 2025 [March 13th, 2025]
- How the White House hired Republican political firms to launch an anti-migrant ad campaign - The Associated Press - March 13th, 2025 [March 13th, 2025]
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- Republican leadership tells party to stop holding public events what impact will that have? - The Guardian US - March 9th, 2025 [March 9th, 2025]
- DeLauro Releases Fact Sheet on Republican Funding Bill that Accelerates the Stealing of Taxpayer Funds from American Families and Businesses - House... - March 9th, 2025 [March 9th, 2025]
- Berkeley Talks: Heather Cox Richardson on the evolution of the Republican Party and what gives her hope for America - UC Berkeley - March 9th, 2025 [March 9th, 2025]
- Trump administration briefing: US backs Russia ahead of G7, Republican spending bill boosts defense - The Guardian US - March 9th, 2025 [March 9th, 2025]
- Sen. Dan Thatcher is leaving Utahs Republican Party to break the deadlock in politics - Salt Lake Tribune - March 9th, 2025 [March 9th, 2025]
- Republican-led bill would limit investors to 2,000 homes in Georgia - WABE 90.1 FM - March 9th, 2025 [March 9th, 2025]
- Analysis | The Republican governor leading states response to Trump - The Washington Post - March 9th, 2025 [March 9th, 2025]
- Opinion | The Houses Republican edge is gone. But the gerrymander lives. - The Washington Post - March 9th, 2025 [March 9th, 2025]
- DOGE firings provoke heated confrontations, shouts of Nazi, at Republican town halls - Los Angeles Times - March 9th, 2025 [March 9th, 2025]
- Record Surge in Republican Satisfaction With State of Nation - Gallup.com - March 1st, 2025 [March 1st, 2025]
- Senator Murray Raises Alarm Over Looming Republican Cuts to Medicaid, with Health Care Workers in Central and Eastern WA - Senator Patty Murray - March 1st, 2025 [March 1st, 2025]
- LEADER JEFFRIES: THE REPUBLICAN BUDGET REPRESENTS THE LARGEST MEDICAID CUT IN AMERICAN HISTORY Congressman Hakeem Jeffries - Congressman Hakeem... - March 1st, 2025 [March 1st, 2025]
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- Republican senators threaten not to boost Texas public universities funding over DEI ban - The Texas Tribune - March 1st, 2025 [March 1st, 2025]
- There appears to be one Republican serious about fixing government spending | Opinion - USA TODAY - March 1st, 2025 [March 1st, 2025]