The Struggle for the Soul of America: Will Republican State Legislatures Overrule the Results of the Next Presidential Election?

The current right-wing Supreme Court recently announced that in its next session it will hear the case of Moore v. Harper, a North Carolina case involving gerrymandered congressional district maps drawn by the state’s Republican-controlled Legislature. At the heart of this case is the radical doctrine labeled the “independent state legislature” theory.

Under the independent state legislature doctrine, state legislatures have absolute control over electoral votes in presidential elections. Harvard Law Professor Emeritus Laurence Tribe and Dennis Aftergut, counsel to Lawyers Defending American Democracy, explain that “according to this baseless notion, state legislatures can do whatever they want in manipulating elections no matter how extreme the results — principles of voter equality and fairness be damned, along with the state’s constitution, its governor and its courts.”[1]

In other words, if the Supreme Court adopts this theory, it could rule that a state legislature can disregard the vote of the people and award its state’s Electoral College votes to whomever it wishes. And four of the Court’s justices have already signaled support for this idea.[2] As Thom Hartmann recently observed, Article II, Section 1 of the Constitution describes the state legislature’s role in presidential elections, but “doesn’t even once mention the popular vote or the will of the people:

“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress…”[3]

The operative word here is “Manner.” Under the questionable independent state legislature doctrine, a state legislature can employ whatever manner it so choses in determining which candidate receives its state’s electoral votes.

Tribe and Aftergut further argue that “Going into this November’s elections, 30 state legislatures are firmly in Republican hands, including in most of the battleground states that determine presidential election outcomes. Adopting the independent state legislature theory would amount to right-wing justices making up law to create an outcome of one-party rule.”[4]

That is why the 2022 elections for state legislators are vitally important. Some of those 30 Republican-controlled legislatures must be turned over to the Democrats in this November’s elections. If Americans who care about saving our democracy turn out in great number and elect Democratically controlled legislatures this fall in enough states to muster an Electoral College majority, then they would prevent the overturning of the 2024 presidential election under the independent state legislature doctrine.

Once again, it is up to us to spread the word and get out the vote! Democrats have so many critical issues supported by a clear majority of voters: abortion rights, climate change, gun control, voting rights and now saving democracy itself.

We must light a fire under all Americans who want our democracy to survive. We all must get involved and do everything we can to ensure that radical Republican state legislatures cannot overturn the will of the people in the 2024 presidential election.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


[1] https://www.yahoo.com/news/op-ed-supreme-court-poised-123049971.html

[2] Ibid.

[3] https://www.commondreams.org/views/2022/07/01/beware-supreme-court-laying-groundwork-pre-rig-2024-election

[4] https://www.yahoo.com/news/op-ed-supreme-court-poised-123049971.html

The Struggle for the Soul of America: Through the Darkness, Signs of Positive Change on the Horizon

We live in extremely challenging times. A great many of us are overwhelmed by what’s taking place in our country and in the world. Yet, as dark as it may seem, some encouraging signs of positive change are on the horizon.

The Ukrainian people in the face of a massive attack on their country are showing amazing courage and fortitude. An inspiration to all of us. “Ukrainian forces (have) continued to halt significant Russian battlefield gains,” according to recent reports.[1] At the same time, Russian protests against the war are steadily intensifying. More than 5,000 anti-war demonstrators were arrested in 69 Russian cities last Sunday alone.[2] Western nations have united to impose crippling sanctions against Russia in an effort to pressure Putin to end the war.[3] And military expert, retired Army Lt. Col. Alexander Vindman even predicted that “the Russian invasion into Ukraine marked the ‘beginning of the end’ for Russian President Vladimir Putin as casualties from the war grow.”[4]

On the home front, COVID cases are declining significantly.[5] Almost the entire country is open for business. The U.S. economy added a record 6.4 million new jobs in 2021.[6] And Congress finally passed a $1.5 trillion bipartisan budget, including support for Ukraine and climate protection.[7]

One of the most surprising signs of progress is in the redistricting battles occurring across the country. Republican gerrymandering was supposed to give the GOP a distinct, unfair advantage in November’s Congressional elections. But Democrats are winning redistricting court cases in key battleground states like Pennsylvania and North Carolina. According to CNN, “they now have a chance to come out better than expected, and perhaps even benefit from the new maps overall.”[8] With President Biden’s poll numbers finally rising, the Democrats just might have a chance of holding onto their majority in Congress next fall.[9]

Finally, slowly but surely, the January 6th insurrectionists are being brought to justice. Earlier this month, a federal jury convicted Guy Wesley Reffitt on the very serious charge of obstructing Congress’s certification of the 2020 presidential election. At the same time, the Justice Department announced the indictment of the former Proud Boys leader, Enrique Tarrio, on charges of conspiring with several of his top lieutenants to plan and launch the assault on the Capitol.[10]

Just this week Attorney General Merrick Garland stressed that “almost every U.S. attorney’s office in the country is working on this matter…People are working every day, 24/7, and are fully aware of how important this is. This had to do with the interference with the peaceful transfer of power from one administration to another. And it doesn’t get more important than that.[11]

Meanwhile, the House Select committee investigating the insurrection, recently said in a court filing that it had gathered sufficient evidence to conclude that former President Trump and some of his allies might have conspired to commit fraud and obstruction by misleading Americans about the outcome of the 2020 election and attempting to overturn the result.[12]

We are moving forward. Truly positive change is on the horizon.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


[1] https://www.aljazeera.com/news/2022/3/10/russia-ukraine-war-military-dispatch-march-10-2022; https://us.yahoo.com/news/ukraines-army-vastly-outgunned-inflicts-211426968.html

[2] https://www.aljazeera.com/news/2022/3/10/anti-war-protests-intensify-in-russia-along-with-police-crackdown

[3] https://www.nytimes.com/2022/03/05/world/europe/russia-ukraine-invasion-sanctions.html

[4] https://www.yahoo.com/news/vindman-beginning-end-putin-171123293.html

[5] https://www.axios.com/covid-cases-continue-steep-decline-in-us-420ab059-19df-4d4c-9052-178fe17aeb3e.html

[6] https://www.bloomberg.com/news/articles/2022-01-07/u-s-sees-record-job-growth-in-2021-after-millions-lost-in-2020#:~:text=The%20U.S.%20economy%20added%20a,Labor%20Department%20data%20released%20Friday.

[7] https://www.nytimes.com/2022/03/10/us/politics/senate-spending-bill-approved.html

[8] https://edition.cnn.com/2022/03/08/politics/democrats-congressional-redistricing-fights-ctzn/index.html

[9] https://www.usnews.com/news/national-news/articles/2022-03-08/bidens-approval-rises-in-crisis

[10] https://www.nytimes.com/2022/03/08/us/politics/guy-reffitt-jan-6-trial.html

[11] https://www.npr.org/2022/03/10/1085016383/garland-says-the-jan-6-investigation-wont-end-until-everyone-is-held-to-account

[12] https://www.nytimes.com/2022/03/08/us/politics/guy-reffitt-jan-6-trial.html

The Struggle for the Soul of America: Are Democrats Turning the Corner?

The popular consensus until now has been that the Democrats are in deep trouble and will likely get hammered in the coming November elections. Considering their inability to pass the Build Back Better social reforms bill or voting rights protections and Biden’s low polling numbers, the Democrats clearly looked like big losers come next fall. Then suddenly, the winds of change appear to be turning in their direction.

One of the main issues that the failed voting rights legislation addressed was partisan gerrymandering.  Republican controlled state legislatures have been drawing House district lines that reduce the number of districts that favor Democrats. Since the GOP only needs to flip five seats to take control of the House, their gerrymandering efforts seemed to be getting the job done.

But the Democrats have been fighting back in the courts and winning. In fact, according to the L.A. Times, “when all is done, it’s even possible Democrats could emerge with a slight gain compared with the current maps.”[1] For example, the Ohio State Supreme Court struck down the Republican legislature’s partisan redistricting map.[2] And, on Friday the North Carolina Supreme Court did as well.[3] The Democrats’ chances of holding onto the House majority are clearly improving.

Another recent development that should help the Democrats next fall is Biden’s upcoming pick of a black woman to sit on the Supreme Court. While Blacks’ support of the Democratic Party has been waning since the 2020 election, Biden’s naming a black woman to the Court will likely reverse that trend. Republican opposition to this nomination will have racial overtones which will further motivate Blacks to get out the vote and defeat GOP candidates at the polls.

A third cloud looming over the Republicans’ election prospects is their response to the January 6 attack on the Capitol. This week the Republican National Committee formally censured the two members of their party, Reps. Cheney and Kinzinger, who serve on the House Select Committee investigating the insurrection. The RNC censure accused their two colleagues of “participating in a Democrat-led persecution of ordinary citizens engaged in legitimate political discourse.”[4] Meanwhile, an overwhelming majority (72%) of Americans, including 45% of Republicans, believe the people involved in the attack on the Capitol were “threatening democracy.”5

Many GOP lawmakers are now downplaying what happened on January 6. The House Select Committee will soon hold televised hearings to lay out to the nation exactly what occurred then and leading up to that day. Will swing voters in November want to support those Republicans who not only refuse to acknowledge the truth regarding the attempted coup, but also continue to back Trump who is plotting to do it again?

Finally, Biden and the Democrats have a positive record that should increase their electoral fortunes. The recent tremendous rise in employment figures along with the great reduction in omicron cases give voters reason to stick with the Democrats. Of course, a lot can and will happen in the nine months until the election. But the Democratic picture is certainly brighter today than it’s been in quite some time.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


[1] https://www.latimes.com/politics/newsletter/2022-01-21/state-courts-rein-in-gerrymandering-a-help-to-democrats-essential-politics

[2] Ibid.

[3] https://www.politico.com/news/2022/02/04/north-carolina-congressional-map-struck-down-00005974

[4] https://www.cnn.com/2022/02/04/politics/liz-cheney-adam-kinzinger-censure-rnc/index.html

[5] https://abcnews.go.com/Politics/majority-americans-jan-attack-threatened-democracy-poll/story?id=81990555

The Struggle for the Soul of America: Could Court’s Anti-Abortion Ruling Backfire on Republicans?

Republican-controlled legislatures across the country are enacting laws suppressing voters’ rights and highly gerrymandering legislative districts to secure an unfair advantage in next year’s midterm elections. At the same time, in a recent Mississippi abortion law case Republicans are advocating for the Supreme Court to further limit abortion rights, or to overturn Roe v. Wade entirely.

So, what happens if the Court does further limit a woman’s right to an abortion next year? That ruling could very well create a backlash so strong that the Republicans’ efforts to skew the election in their favor is wiped out entirely.

Earlier this year Americans’ support for abortion in all or most cases was at 80%, according to Gallup.[1] And, a November Washington Post-ABC poll found broad agreement that women and their doctors should make decisions about abortion rather than being regulated by law. Overall, 75 percent indicated such decisions should be left to the woman and her doctor, including 95 percent of Democrats, 81 percent of independents and 53 percent of Republicans.[2]

People on both sides feel very strongly about this issue. The Court’s decision in the Mississippi case next June is likely to motivate a great many voters. Most Democratic candidates will be promising to pass laws nationally and/or within their states legalizing abortion, while most Republican candidates will be supporting the Court’s decision further limiting or outlawing abortion. Given public opinion, championing a woman’s right to choose may well be a winning ticket in a good number of races.

While there is reason to hope that energizing pro-choice voters may be the silver lining to the Court’s anticipated anti-abortion decision, our voting rights still need protection.

The right-to-choose movement cannot guarantee voting rights. Time is running out to get voting rights protection implemented in all states before next year’s election. Urge your representative (Call 202-225-3121) and senators (Call 202-224-3121) to pass the Freedom to Vote and the John Lewis Voting Rights Advancement bills now. The fairness of our elections as well as the future of our democracy hangs in the balance.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


[1] https://www.forbes.com/sites/alisondurkee/2021/11/30/how-americans-really-feel-about-abortion-the-sometimes-surprising-poll-results-as-supreme-court-weighs-overturning-roe-v-wade/?sh=60971f0c36c9

[2] https://www.washingtonpost.com/politics/2021/11/16/post-abc-poll-abortion-supreme-court/

The Struggle for the Soul of America: Are Democrats Asleep at The Wheel?

While Senate Democrats continue to haggle over Biden’s Build Back Better package, Republicans across the country are plotting to make America a permanent one-party, authoritarian state. As Zack Beauchamp, senior correspondent at Vox, observed:

“We are suffering from the same rot that has brought down democracy in other countries: a party that has decided it no longer wants to play by the rules and that would instead prefer to rule as authoritarians rather than share power with its opponents…The escalation in authoritarian behavior since January 6, from both national and state Republicans, shows that things are worse than even some pessimistic observers have feared…It’s happened elsewhere. It can happen here, too.[1]

Though Democrats are well aware of Republican efforts at one-party domination, they don’t seem to have the will or the courage to do anything about it. In state after state Republican-controlled legislatures are enacting laws suppressing voters’ rights, particularly those of communities of color,[2] and highly gerrymandering legislative districts in their favor.[3]

Most recently, Georgia’s General Assembly approved a redistricting map giving the GOP dominance in nine of its fourteen congressional districts even though the state narrowly went for Pres. Biden last year and elected two Democrats to the U.S. Senate in January.[4] Other GOP state legislatures are gerrymandering congressional districts to their extreme advantage as well. They include Ohio, Texas, Utah, Indiana, Alabama, and North Carolina.[5]

Senate Republicans have consistently filibustered Democrats’ efforts to protect voting rights and eliminate political gerrymandering.[6] Since Democratic Sens. Manchin and Sinema strongly oppose changing the filibuster rule to allow a simple majority to pass voting rights bills, Senate Democrats have only one path to passing voting rights legislation. That is, inserting the Freedom to Vote Act[7] and the John Lewis Voting Rights Advancement Act[8] into the Build Back Better reconciliation bill, which the Democrats can pass with a simple majority. A budget item to provide funding for the states to implement the provisions of these acts would also be needed to meet budget reconciliation bill requirements.[9]

Some senators might object to this approach arguing that the Senate parliamentarian could rule that these voting rights bills do not qualify for inclusion in a reconciliation bill. However, the parliamentarian’s ruling is only advisory and can be overruled by the presiding senator, which in this case would be Democratic Vice-president Kamala Harris.[10]

Our democracy is at stake. Time is running out to get voting rights protection implemented in all states before next year’s election. Democrats must include voting rights in the BBB and pass the Act before the end of the year. Urge your representative (https://clerk.house. gov/Members#MemberProfiles, 202-225-3121) and senators (https://www.senate.gov/ /senators/senators-contact.htm, 202-224-3121) to adopt the above course of action. The fairness of our elections as well as the future of our democracy hangs in the balance.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


[1] https://www.vox.com/policy-and-politics/2021/6/15/22522504/republicans-authoritarianism-trump-competitive

[2] https://www.motherjones.com/politics/2021/10/republicans-are-passing-rigged-maps-and-democrats-are-running-out-of-time-to-stop-it/

[3] https://www.nytimes.com/2021/11/25/us/politics/republican-redistricting-swing-states.html

[4] https://www.commondreams.org/news/2021/11/22/total-asymmetric-warfare-georgia-gop-redraws-political-map-us-senate-dems-do-nothing; https://www.cnn.com/election/2020/results/state/georgia/president

[5] https://www.nytimes.com/2021/11/15/us/politics/republicans-2022-redistricting-maps.html

[6] https://www.theguardian.com/us-news/2021/nov/03/senate-republicans-voting-rights-bill-john-lewis

[7] https://www.brennancenter.org/our-work/research-reports/breaking-down-freedom-vote-act

[8]https://en.wikipedia.org/wiki/John_Lewis_Voting_Rights_Act#:~:text=The%20John%20Lewis%20Voting%20Rights,Holder%20and%20Brnovich%20v.

[9] https://budget.house.gov/publications/fact-sheet/budget-reconciliation-basics

[10] https://www.wusa9.com/article/news/verify/verify-can-the-senate-overrule-the-parliamentarians-recommendation-could-immigration-legislation-make-the-reconciliation-bill-budget-dreamers-biden/65-008d1307-74bc-42c3-abcf-76865b30c6d3

The Struggle for the Soul of America: Is Passing the Build Back Better Act The Ticket to Democrats Winning in 2022?

Democrats appear to be banking on passing Pres. Biden’s Build Back Better (BBB) package as their ticket to winning next year’s midterm elections. The House’s approval of the BBB Act on Friday does give the Democrats momentum toward that goal. Still, getting the bill through the Senate will be challenging. And, while I believe it will finally pass, the shrunken BBB Act by itself will most likely not give Democrats the huge boost they will need to maintain control of Congress in next year’s elections.

The good news for the Democrats is they have a great deal more to run on than the BBB Act. Last March they passed a $1.9 trillion COVID relief bill, the American Rescue Plan. That legislation provided needed help to tens of millions of people, reducing high levels of hardship, helping school districts address student learning loss, and bolstering the economy. Among other pluses, it expanded unemployment benefits, health coverage, child tax credits, food support and housing assistance.[1] Despite all the hardship Americans were undergoing, not one Republican voted for this urgently needed relief act.[2]

On top of that, the Democrats recently enacted a $1.2 trillion infrastructure bill. This legislation was critical to repairing and upgrading our nation’s deteriorating infrastructure. While some Republicans did support this bill, the vast majority of them turned their backs on our economy’s dire need for a solid, revamped infrastructure.

Assuming the BBB Act does become law, Biden and the Democrats will have pumped in close to $5 trillion dollars into the economy in one year. On top of that close to six million new jobs have been created and the unemployment rate is down to 4.6 percent.[3]

Even with all these positives, the outlook for the Democrats is not good. Record inflation is hurting most people in their pocketbooks. The battle to control COVID is still raging. Americans are angry, fearful and have not been as divided since the Civil War. And Biden and the Democrats are receiving most of the blame. Less than 40 percent of the population approve of their performance.[4] Haggling over the BBB package clearly has not helped them either.

For example, Sens. Sanders and Bennet take issue with the bill’s increase in the SALT (State and Local Taxes) cap deduction. They argue it’s another tax break for the wealthy and will cost the government billions of dollars.[5] Sen. Sanders put it this way:

“You can’t be a political party that talks about demanding the wealthy pay their fair share of taxes and then end up with a bill that gives large tax breaks to many millionaires. You can’t do that. The hypocrisy is too strong. It’s bad policy, it’s bad politics.”[6]

The Democrats’ struggle over raising the SALT cap exposes how vulnerable they will be in 2022 election and why they cannot rely on the BBB Act alone to get them over the finish line. As Sen. Sanders explained, it sends the wrong message to average Americans and gives the Republicans a great message to run on: “Democrats are the party of the rich.” Fortunately, the Democrats are working on a SALT cap compromise that will blunt this characterization.[7] But whether it will be sufficient remains to be seen.

There’s yet another issue regarding how effective BBB will be as a Democratic campaign energizer next year. That is, the voting public may not significantly benefit from the Act prior to the November election since many of the popular health benefits will not kick in until 2023 or later.[8]

Finally, BBB fails to address voting rights. Without protecting our right to vote, the Democrats have practically no chance of winning the House and little hope in the Senate next year. As I’ve noted in previous blogs, GOP legislatures around the country are enacting laws to suppress the vote, gerrymander congressional districts in their favor and control the administration of the elections giving them the ability to overturn the elections in their states.

The Democrats have no time to lose. They must settle their differences now and begin promoting their case that they are the party that truly supports the American people in these difficult times.

Urge your representative (https://www.house.gov/representatives, 202-225-3121) and senators (https://www.senate.gov//senators/senators-contact.htm, 202-224-3121) to protect our right to vote and resolve these other issues immediately. The fairness of our elections as well as the future of our democracy hangs in the balance.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


[1] https://www.cbpp.org/research/poverty-and-inequality/american-rescue-plan-act-will-help-millions-and-bolster-the-economy#unemployment

[2] https://abcnews.go.com/Business/wireStory/republicans-promote-pandemic-relief-voted-77527236

[3] https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/11/05/remarks-by-president-biden-on-the-october-jobs-report/

[4] https://nypost.com/2021/11/18/biden-approval-rating-hits-36-percent-in-quinnipiac-poll/

[5] https://www.wsj.com/articles/pelosi-says-house-democrats-will-add-paid-leave-back-to-bill-11635951745

[6] https://www.politico.com/news/2021/11/18/democrats-agonize-tax-cuts-rich-522859

[7] Ibid.

[8] https://finance.yahoo.com/news/dems-stuffed-bill-popular-health-093014592.html

The Struggle for the Soul of America: Democrats Must Pass the Freedom to Vote Act Now to Level Elections Playing Field

While the recent passing of the trillion-dollar infrastructure bill is a step in the right direction, it won’t help the Democrats in next year’s election if they fail to protect our voting rights this year.

The Republicans’ number one priority is to win back the House and Senate next year. And they are doing whatever they can in the states they control to do just that. As Fred Wertheimer, president of Democracy 21, urged back in August:

Time is running out. The Senate must pass legislation establishing voting rules for federal elections in order for the rules to be implemented in time to prevent voter suppression in the 2022 congressional elections. Similarly, redistricting standards in the legislation must be enacted quickly to be implemented in time to prevent partisan gerrymandering of congressional districts that likely will take place around the country.[1]

Since Sens. Manchin and Sinema still oppose changing the filibuster rule to allow a simple majority to pass voting rights bills, here is the Democrats best approach to getting the quick action Wertheimer is calling for on the Freedom to Vote Act:

  1. Eliminate all remaining pieces of the social Build Back Better (BBB) Act to which Manchin and/or Sinema still object.
  2. Include the Freedom to Vote Act, which Manchin and Sinema support, in the BBB bill with a budget item for implementation so it meets the reconciliation process requirements.
  3. Quickly pass the BBB act through reconciliation with the support of all 50 Democratic senators and then send it to the House for its approval.

Wertheimer is right. After the 2010 elections, Republicans made big gains in the last redistricting cycle. They used their “power to draw map lines that for a decade have entrenched their legislative majorities and delivered congressional seats to them in states such as Wisconsin, Michigan and North Carolina, even when they havetallied fewer votes overall than Democrats.”[2]

Now, again, GOP state legislatures are moving rapidly to gerrymander as many congressional districts as they can to their unfair advantage. In Utah, for example, the GOP-controlled legislature is disregarding the redistricting maps submitted by the state’s voter-approved, Independent Redistricting Committee. Instead, Republicans are supporting their own maps which “overwhelmingly favor Republicans” in all four of its congressional districts,[3] even though over 37% of Utah voters supported Biden in 2020.[4]

In Ohio, the Republican-controlled legislature has proposed congressional redistricting maps which “would squeeze Democrats into a tiny minority” giving the GOP the advantage in 12 or 13 of Ohio’s 15 congressional districts.[5] This despite the fact President Biden received over 45% of the 2020 vote in Ohio.[6] By that measure, the Ohio redistricting map should favor Democrats in at least 6 districts.

North Carolina is yet another example of the GOP’s extreme gerrymandering. The Republican-controlled legislature has approved a redistricting map that gives their party a 10 to 3-seat advantage with one highly competitive district. Biden lost North Carolina by only one percentage point last year.[7]

New York, on the other hand, is one of the few states controlled by Democrats where the legislature will have the final say on redistricting maps. Just like Utah and Ohio, the New York legislature can overrule the state’s redistricting commission maps. While Biden received 60% of the New York vote last year, the state’s redistricting map could end up favoring Democrats in as many as 23 of its 26 congressional districts.[8]

None of this, of course, is right for American voters who want to be fairly represented in Congress. The Freedom to Vote Act now languishing in Congress would remedy this gross injustice by banning partisan gerrymandering and making it easier for voters to get bad maps quickly struck down in court.[9] 

While the Democrats have spent the last several months bickering over the infrastructure (BIF) and social services (BBB) bills, all their haggling has left them in a deep electoral hole which must be remedied quickly if they are to have any real chance of winning next year’s elections.

Urge your representative (https://clerk.house. gov/Members#MemberProfiles, 202-225-3121) and senators (https://www.senate.gov/ /senators/senators-contact.htm, 202-224-3121) to adopt the above course of action. The fairness of our elections as well as the future of our democracy hangs in the balance.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


[1] https://thehill.com/opinion/campaign/566408-the-senate-should-postpone-vacation-until-it-acts-on-voting-rights?rl=1

[2] https://www.latimes.com/politics/newsletter/2021-10-01/redistricting-wars-have-started-essential-politics

[3] https://www.sltrib.com/news/politics/2021/11/09/gerrymander-or-no/

[4] https://en.wikipedia.org/wiki/2020_United_States_presidential_election_in_Utah

[5] https://thehill.com/homenews/campaign/580134-ohio-republicans-swing-for-fences-in-redistricting-proposals

[6] https://en.wikipedia.org/wiki/2020_United_States_presidential_election_in_Ohio

[7] https://fivethirtyeight.com/features/north-carolina-republicans-passed-a-heavily-skewed-congressional-map-how-will-the-courts-respond/

[8] https://projects.fivethirtyeight.com/redistricting-2022-maps/new-york/

[9] https://www.brennancenter.org/our-work/analysis-opinion/freedom-vote-act-big-deal-redistricting

The Struggle for the Soul of America: Can Democrats Make Lemonade Out of Election Lemons?

The Democrats got a crate load of lemons in Tuesday’s election results. They lost all three statewide races in Virginia.[1] And, while Pres. Biden won New Jersey by nearly 16 points a year ago, incumbent Democrat Phil Murphy barely eked out a victory in the governor’s race.[2]

Conventional wisdom is these results do not bode well for the Democrats’ chances in the 2022 mid-terms a year from now. But there may be a silver lining for the Dems if they can get their act together.

Since winning both houses of Congress and the presidency a year ago, Democrats have accomplished little for the American people. Their one major piece of legislation, the COVID relief bill passed last March,[3] has long been forgotten by most voters. What has been front and center for months, however, is the Democrats’ haggling over Biden’s social spending and climate package, the Build Back Better Act (BBB), while their infrastructure bill (BIF) languishes in the House after passing the Senate with bipartisan support. Progressives in the House have refused to support the BIF bill until they are assured that Senate Democrats will pass the BBB reconciliation bill. But, until moderate Sens. Manchin and Sinema get onboard, that assurance remains in doubt.[4]

If the Democrats are to have any chance of winning next November, they must heed the warning from the 2021 elections: Give Americans a positive reason to get out and vote for their candidates by passing these bills or suffer the dire consequences. In this year’s election, the Democrats fell way behind the Republicans in firing up their supporters.[5]

And the Democrats have no time to lose. They must pass these bills now so that the American people have sufficient time before the 2022 elections to enjoy and appreciate the many fruits contained in them. Here are a number of those benefits in the infrastructure bill:

  • Roads, bridges, airports, ports, public transit, broadband infrastructure, and power grid maintenance and expansion
  • Clean drinking water and removal of pollution from soil and groundwater
  • Energy job creation
  • Clean energy tax credits

The BBB reconciliation act includes these very popular provisions:

  • Universal pre-kindergarten
  • Paid family leave
  • Lower prescription drug prices
  • Clean energy tax incentives and fees
  • 15% minimum tax rate for large corporations
  • Childcare funding
  • Extension of the child tax credit
  • A middle and working-class families tax cut
  • A Medicare hearing aid benefit

Polls indicate a large majority of Americans approve of the BBB social services/climate act.[6] Since Republicans are united in opposing the bill, the Democrats should receive a significant election boost next year for providing these benefits to millions of Americans. A recent poll found that members of Congress who back the BBB agenda would receive a 17-point increase in support.[7]

So, the Democrats can make lemonade out of their 2021 election lemons by moving expeditiously to pass these two bills. But there is one additional piece of legislation that must accompany them. As I explained in last week’s blog, the Democrats must pass the Freedom to Vote Act to protect our voting rights against red state legislatures that are now passing laws to make it harder for Americans to vote and gerrymandering more Congressional districts to their unfair advantage.[8]

Without this additional bill, Democratic voters could be thwarted at the polls next year. We must contact our senators and representatives and urge them to pass all three of these measures. (https://clerk.house. gov/Members#MemberProfiles, 202-225-3121) and senators (https://www.senate.gov/ /senators/senators-contact.htm, 202-224-3121).

The future of our democracy hangs in the balance.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


[1] https://thehill.com/homenews/campaign/579765-republicans-poised-to-sweep-virginia-stunning-democrats

[2] https://www.nytimes.com/interactive/2021/11/02/us/elections/results-new-jersey.html

[3] https://www.cnbc.com/2021/03/11/biden-1point9-trillion-covid-relief-package-thursday-afternoon.html

[4] https://www.wsj.com/articles/progressives-warn-democratic-leaders-on-possible-infrastructure-vote-11635413402

[5] https://www.alternet.org/2021/11/a-wake-up-call-for-democrats/?utm_source=&utm_medium=email&utm_campaign=8175

[6] https://democrats.org/news/new-polls-same-results-president-bidens-build-back-better-framework-is-extremely-popular/

[7] https://buildingbacktogether.org/news/icymi-new-building-back-together-poll-build-back-better-agenda-remains-deeply-popular-across-key-states-members-of-congress-who-back-agenda-see-17-point-boost-in-support/

[8] https://breakingbigmoneysgrip.com/my-blog/

The Struggle for the Soul of America: Why Aren’t Voting Rights Being Inserted in the Reconciliation Bill?

In last week’s blog, “Democrats’ Reconciliation Bill Must Include Voting Rights,” I asserted that the one thing that must be included in the Reconciliation Bill now being drafted in Congress is the 2021 Freedom to Vote Act.[1]I wrote that by inserting it in their first BBB (Build Back Better) reconciliation package, Democrats would prevent a Republican filibuster since the reconciliation process only requires a simple majority.”[2]

Furthermore, I explained that “(f)or the Act to qualify for reconciliation, Democrats must also include a specific funding amount, e.g., $2 billion, to assist the states in their implementation of the voting rights provisions.[3] Adding this relatively small amount to the reconciliation bill would be much easier than changing the filibuster rule since all 50 Senate Democrats support the Freedom to Vote Act,[4] which is not the case with the latter approach.”

Meanwhile, red state legislatures are passing laws to make it harder for Americans to vote and gerrymandering more Congressional districts to their advantage.[5] The only way for the Democrats to protect our right to vote in 2022 is by passing the Freedom to Vote Act now. And the best way to ensure that it is enacted this year is by inserting it in the Reconciliation Bill. But, so far, the Democrats in Washington have not gotten the message.

Why? It may be that they are too busy negotiating the Reconciliation Bill with Sens. Manchin and Sinema to consider anything else. Or the Democrats may be thinking that their only option is to cut out a voting rights exception to the Senate filibuster.[6]

Regardless the reason, we must demand that Congress act to protect our voting rights and save our democracy. Time is running out. Write or call your Congressional representative at https://www.house.gov/representatives/find-your-representative, 202-225-3121, and your senator at https://www.senate.gov/senators/senators-contact.htm, 202-224-3121.

Tell them that they must protect our right to vote by including the Freedom to Vote Act with funding for its implementation in the budget reconciliation bill this year. If that fails for some reason, then they must reform the filibuster rules to allow voting rights legislation to pass by a simple majority. One way or another, Congress must get this Act passed this year.

Make your voices heard. Save our democracy from autocratic rule by the radical right. We owe it to ourselves, our children and future generations.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


[1] https://www.brennancenter.org/our-work/research-reports/breaking-down-freedom-vote-act

[2] https://breakingbigmoneysgrip.com/my-blog/

[3] https://budget.house.gov/publications/fact-sheet/budget-reconciliation-basics; https://www.wusa9.com/article/news/verify/verify-what-is-budget-reconciliation-could-democrats-use-this-process-to-pass-voting-rights-or-immigration-reform-filibuster-congress-senate-schumer/65-4fdf7dcf-81ed-449e-95eb-1993f354c432

[4] https://www.democracydocket.com/alerts/senate-republicans-block-freedom-to-vote-act-from-floor-debate/

[5] https://www.usnews.com/news/politics/articles/2021-08-10/ap-republicans-reaped-biggest-redistricting-edge-in-decades

[6] https://www.americanprogress.org/issues/democracy/news/2021/10/25/506533/senate-must-reform-filibuster-pass-voting-rights-bills-senate-republicans-block-legislation/

The Struggle for the Soul of America: The Freedom to Vote Act

Finally, some good news from Washington! Last week Senate Democrats introduced the Freedom to Vote Act, which all 50 Democratic senators appear to support. The legislation was drafted by several senators including moderate Joe Manchin. Having objected to some provisions of the bill’s predecessor, the For the People Act, Manchin will be a vital advocate in securing final passage of the Freedom to Vote Act.

While this new bill is not as broad as the For the People Act, it includes a number of very critical provisions protecting the right to vote. Here are some of its most important articles:

  1. Requires every state to implement automatic voter registration,
  2. Makes Election Day a federal holiday,
  3. Permits every voter to request a mail ballot and drop it off at a secure drop box,
  4. Restores voting rights to anyone released from prison after serving his/her sentence,
  5. Creates the option for federal matching funds for House candidates,
  6. Requires disclosure of ‘dark money’ in the electoral process, and
  7. Bans partisan gerrymandering.[1]

The Brennan Center for Justice calls the Freedom to Vote Act “the most significant democracy reform bill in a half century.”[2]

There is, however, one major obstacle that must be overcome in order to pass this legislation. And that is, of course, the Senate filibuster. Democrats would need the support of 10 Republican senators to avoid a filibuster. While Manchin is pursuing their backing, he will almost certainly not obtain it.[3]

Therefore, the only way for this critical bill to become law is to reform the filibuster, allowing voting rights legislation to pass by a simple majority. While Manchin and Sen. Kyrsten Sinema (D-Ariz.) oppose eliminating the filibuster, they have not stated they are against creating such an exception to the filibuster.

A recent Washington Postpiece offered seven reasons to believe that the filibuster will be reformed and voting rights legislation will become law this year.[4] Among them is that last March Manchin suggested he would be open to using the reconciliation process, which only requires a bare majority, to pass voting rights legislation if all efforts at bipartisanship failed. The huge wave of voter suppression and election subversion laws passed in GOP-controlled state legislatures since then strengthens the belief that Manchin and other Democratic moderates will come around and agree to filibuster reform.[5]

Perhaps the most compelling reason may be the Democrats’ desire to maintain control of Congress. Without the reforms in the Freedom to Vote Act, Republicans are likely to use the current redistricting cycle “to practice the extreme gerrymandering that could give them long-term control of the House, despite having the support of only a minority of American voters.”[6]

The future of American democracy is on the line. It is up to all of us to make sure the voting rights of all Americans are protected. Call the Capitol switchboard (202-224-3121) to contact your Democratic Member of Congress and your Senators. Demand that they do whatever is necessary to make the Freedom to Vote Act the law of the land.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


[1] https://www.brennancenter.org/our-work/analysis-opinion/pass-freedom-vote-act

[2] Ibid.

[3] https://www.washingtonpost.com/politics/revised-democratic-voting-bill-drops-controversial-provisions-tweaks-others-as-pressure-for-action-mounts/2021/09/14/6c59def8-150a-11ec-9589-31ac3173c2e5_story.html

[4] https://www.washingtonpost.com/outlook/2021/09/13/filibuster-senate-voting-rights-democrats/

[5] Ibid.

[6] Ibid.