Congress’ unruly summer recess
By Renae Cowley, Frank Pignanelli
Republican Renae Cowley is a political consultant, lobbyist, social media influencer and professional rodeo athlete. Frank Pignanelli is a Salt Lake attorney, lobbyist and political adviser who served as a Democrat in the Utah State Legislature.
Congress is out of session with members on vacation or engaging with constituents. Normally the August recess is quiet, but this year has been radically different. We explore the current controversies and the potential impact on Utah politics.
Texas Republicans are attempting the very rare action of redrawing congressional boundaries mid-decade. Democratic Texas lawmakers fled the state to prevent a vote. Blue-state governors are threatening the same tactic. Utah could be forced into mid-decade redistricting from an upcoming court decision. What are the effects on national and local politics?
Cowley: The anticipated Texas maps will create new Hispanic Republican districts, but the real question is whether Texas should be doing this with unconventional timing. Trump and Gov. Abbott cite significant errors in the 2020 census as justification. Covid created numerous challenges during the last census. Counting immigrants living in the country illegally had an outsized impact in Texas, further skewing their numbers. Lastly, modern technology makes creating, then altering, these maps fairly easy and cheap, making a mid-decade fix less burdensome than before.
Before Democrats light torches and brandish pitchforks, keep in mind that Democrat-controlled California, Illinois and Maryland have some of the most egregiously gerrymandered maps in the country. New York’s Supreme Court found their Legislature had grossly ignored the rules when drawing lines, and continue to cross them. There are several infamously creative districts nationwide — for example, the “earmuff” in Illinois and the “lasso” in Arizona. Gerrymandering is a political tradition that isn’t exclusive to just Republicans or Democrats. Both have drawn districts that look more like ink blots than communities of interest.
Texas Democrats skipping town to avoid their duties as elected officials is cowardly but provides plenty of political theater. Districting is an intensely political act, so Democrats’ theatrics are hypocritical at best.
The pending decision from Utah’s highest court regarding redistricting could plunge Utah into the same mid-decade battle as Texas.
Pignanelli: “Stability in government is essential to national character … [and] among the chief blessings of civil society.” — James Madison, Federalist No. 37
I am not a constitutional scholar, but have read the document (many times), the Federalist Papers and other valuable treatises. Therefore, I believe when legislative bodies — Congress and state — surrender constitutional prerogatives to other branches of government or entities, they erode principles underlying our republic.
Thus I believe legislatures (including Texas) have the primary responsibility and authority for redistricting of federal and state offices. But to do so mid-decade is contrary to the spirit of our governing documents as articulated by the founders.
The Constitution creates a careful balance between an energetic government and one that assures stability. Conducting redistricting (except by court order) more than once every 10 years dramatically undermines confidence and dependability. If many states decide to redraw the boundaries every two to four years, chaos will dominate. There is a reason Texas’ dangerous path was rarely pursued in the past two centuries.
A Utah district court will soon rule on the next steps for a potential redrawing of congressional boundaries. The current national controversy will cause pressure on both sides for a partisan outcome. Next summer may bring more drama.
Congressional town hall meetings have become battlegrounds reflecting the current divisiveness in the country. Emotional outbursts, from enraged citizens or activists, are dominating such gatherings across the country. (This happened earlier in the year in Utah.) Some members are resorting to tele-town halls and other structured formats. Town halls are a longstanding tradition of our democracy, but are they becoming endangered?
Cowley: Times change and technology does along with it. People and businesses are regularly conducting important meetings virtually where even five years ago, they would have only been held in person. This evolving trend comes at a cost. People are less engaged and more distracted in virtual meetings. They are less personal, more sterile and highly censored.
I’m disappointed in the mob-like behaviors of my fellow Utahns who booed and jeered two of our hardworking members of Congress. I don’t blame elected officials for moving to a more controlled environment; I just hope this doesn’t lead to less access and accountability to constituents. If this becomes the norm, it will be harder to return to more authentic, in-person interactions.
Pignanelli: The town hall meeting is an American activity developed long before the republic was established. It is crushing to admit this important interchange between elected officials and voters is a victim to professional political tactics. Their goal of gathering clips for the media effectively prevents earnest audience members from engaging and influencing.
As an elected official, I conducted such meetings and found them invigorating and informative. Attendees came to learn or to disagree, but in a manner that allowed fellow participants to understand the discussion.
Artificial intelligence cannot save the town hall meetings, so the alternative — through electronic means or targeted groups — will become a mainstay in the near future.
Will this summertime partisan wrangling prevent the necessary compromises to avoid a government shutdown when Congress reconvenes next month?
Cowley: A looming shutdown used to seem a lot more ominous, but is overplayed. If Democrats try to drag it out too long, it will only work against their long-term goals, yet they will try.
Pignanelli: The unanticipated Texas redistricting will harden partisan differences. Consequently, a government shutdown is likely in October.