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Why Montana Is a Test Case for Democrats Winning the Senate – The New York Times

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BOZEMAN, Mont. In the deeply polarized election of 2016, every state that supported President Trump backed Republican senators and each state that Hillary Clinton carried voted for a Democratic Senate candidate.

But four years later, Democratic hopes for gaining a clear Senate majority depend in part on winning in conservative-leaning states where Mr. Trump may also prevail, even as he sags in the polls. In states like Alaska, Iowa, Georgia and here in Montana, Democrats are hoping their Senate candidates can outperform Joseph R. Biden Jr., their presumptive nominee.

Thats the dynamic Gov. Steve Bullock is counting on in Montana, where ticket-splitting is as much a way of life as fly-fishing.

Montanans have supported Republican presidential candidates, with one exception, for over a half-century. In that same period, though, they have elected a series of Democratic governors and senators. Senator Steve Daines, whom Mr. Bullock is challenging, was the first Republican elected to the Senate seat that he holds in over a century.

Yet as he faces off against Mr. Bullock, whose popularity has risen as he leads the states coronavirus response, Mr. Daines is counting on Montanans to act a little more like voters everywhere else and stick with one party as they make their way down the ballot.

The race here will measure the political impact of the pandemic many governors have grown in stature for their handling of the virus, and Mr. Bullock is the only sitting governor running for the Senate. It will also test Montanas iconoclastic identity in a time of encroaching red-and-blue homogeneity.

But for Democrats, going on the offensive in a red-leaning state in an age of polarization is no easy task. By nominating the more moderate Mr. Biden, they hope they can at least lose more closely, if not win outright, in states where Mrs. Clinton was thrashed and her partys Senate candidates went down with her.

The reason he was so strong in 16 is because you could go up and down here Democrats and Republicans would both tell you they hate Hillary, Jon Tester, a Democrat who is Montanas senior senator, said of Mr. Trump over an afternoon beer in Great Falls.

Even as Mrs. Clinton lost Montana overwhelmingly, though, Mr. Bullock still managed to get re-elected as governor.

A Helena-reared lawyer who made a foray for president last year, Mr. Bullock has won statewide office three times, first as attorney general before he became governor.

Montanans know me, he said in an interview, explaining how hed overcome Republican claims that hed abet liberal voices in Washington. Ive worked with Republicans to get things done.

Winning a federal race, in which the issues are more national in scope, is difficult enough for a Democrat in a red state. But Mr. Bullock made that task harder by leaving Montana for half of 2019 to run for president, drifting to the left on some issues and repeatedly insisting he would not fall back to seek the Senate seat.

Without prompting last week, though, he noted that he had stood up to President Barack Obamas administration on environmental policies he thought were harmful to Montanas agriculture and energy sectors.

Such talk was notably absent from his White House bid, when he sought the Democratic nomination by edging to the left on gun control and deeming Mr. Trump a lying con man from New York with orange hair and a golden toilet.

Asked if his ridicule of Mr. Trump was over the line, he suggested some regret.

By Washington standards, not at all, Mr. Bullock explained. By my typical standards, stronger than things that I would typically say.

Navigating Mr. Trump is a delicate issue for Montana Democrats, who must energize their liberal base without alienating the states ticket-splitters. Mr. Tester aired ads in his 2018 re-election campaign trumpeting his work with the president, which helped blunt the impact of Mr. Trumps four trips to the state that year.

Few G.O.P. senators have so happily linked themselves to Mr. Trump as Mr. Daines, a chemical engineer by training who represented Montana as its lone congressman before winning his Senate seat in 2014.

In an interview in his Bozeman campaign office, he said he was eager for the president to return to the state and revealed that Mr. Trump had asked to come, too.

However, just as Mr. Bullocks ill-fated bid for president has complicated his attempt to run again in Montana, the coronavirus has created headwinds for Mr. Daines.

Mr. Trumps standing here has fallen, as it has elsewhere, because of his ineffective response to the outbreak. Some Republican polling this summer suggests he is leading Mr. Biden only by single digits in Montana.

Asked to assess the presidents performance on the pandemic, Mr. Daines largely sidestepped the question, stating that he supported letting states and localities have primacy.

Further muddling matters for Mr. Daines: Any effort by him to embrace the national Republican strategy of pinning the blame on China for the viruss spread in America is complicated by his years of work for Procter & Gamble in China. Democrats are already airing commercials highlighting the senators work in the country.

More than anything, though, the health crisis has created challenges for Mr. Daines by delaying the parry-and-thrust of the campaign, allowing Mr. Bullock to enjoy what his opponent called a rally around the flag bounce.

Mr. Daines acknowledged that his role was more of constituent service specialist than candidate and that the virus was foremost on the minds of voters.

These are third-generation business owners that are crying on the phone to me, saying: Steve, Im losing everything, he recalled. And so in that moment youre not thinking so much about, Well, Steve Bullock got an F on guns and I got an A+. Its not the discussion.

That was easy enough to see as the two officials made their way across this sprawling state, where the metric for a candidates sweat equity is in tires changed, not shoes replaced.

In the Flathead region, near Glacier National Park, Mr. Bullock visited a food bank. As he toured a nearby timber facility, the governor was joined by an employee, a Trump voter now dejected by the countrys state of affairs, whose stepmother had contracted the virus.

Closer to Great Falls, Mr. Daines was similarly confronted with fallout from the pandemic.

He visited a small agricultural equipment dealer who thanked him for the paycheck protection loan that he had received through Congress. It was a big help, said the dealer, Steven Raska, explaining that he had been able to pay a few employees for over two months with the money.

Demonstrating his clout with the Trump administration, Mr. Daines also convened a round-table event for ranchers and farmers that featured Bill Northey, a top administrator at the Department of Agriculture. The growers gave both men an earful about how the virus had upended their livelihoods.

Covid could not have hit the sheep industry at a worse time, said Leah Johnson, who runs the Montana Wool Growers Association.

With the virus spiking in the state, Mr. Bullock finally issued a mask mandate on July 15 for any county with four or more active cases.

Former Senator Max Baucus, a Democrat who represented the state in Congress for nearly 40 years, said the pandemic had initially lifted Mr. Bullock.

But the trouble with Covid is you cant get out and shake hands, and that would help him compare himself to Daines, said Mr. Baucus, explaining that he had overcome Montanas national Republican leaning by cultivating individual voters. My main approach to the state was: people, people, people.

The uncertainty surrounding the virus, and Montanas heterodox political nature, were on display Thursday in Bozeman. A few dozen protesters in Trump gear hoisted signs and marched down the citys commercial center in opposition to the mask order.

They passed a number of storefronts that even before the mandate had asked customers to wear masks a reflection of the changing nature of Bozeman. Theres now a Lululemon, sitting across the street from a coffee shop plastered with anti-racism signs that could have been pulled from the most liberal college campus (De-Prioritize White Comfort).

Few places have as strong a sense of place as Montana, where politicians routinely invoke how many generations their families go back in the state. This focus on rootedness and the states sparse population have helped perpetuate its independent streak as races remain more about the individual.

We have six people per square mile and three times as many cows as people, so that makes for a lot of reliance, said Marc Racicot, a former Republican governor. The social connection is a little richer and not so contaminated with only electronic communications.

Yet even as it treasures its status as The Last, Best Place, one of its slogans, Montana, which has about one million people, is being reshaped by transplants. And nowhere more so than Bozeman, a community cherished for its proximity to Yellowstone Park that locals now call Bozeangeles.

Traditionally, Democrats won statewide by winning or breaking even in the county surrounding Billings, the population center of Montanas Republican-dominated east. Thats changing, though, because of the rising population in Gallatin County, which includes Bozeman and is the fastest-growing jurisdiction in the state.

Mr. Testers trajectory in Gallatin County tells the story of Montanas transformation: Over three elections, Mr. Tester has gone from winning 49 percent to 51.5 percent to 59.4 percent there.

Once rooted in labor, the Democratic coalition here increasingly reflects the national party, with its twin pillars of upscale whites and working-class minorities (Native Americans in the case of Montana).

These urban spaces are growing dramatically, and these spaces are becoming the heart of the Democratic base here, said David Parker, a Montana State University professor who wrote a book on the 2012 Senate race.

At the same time, though, Republicans are winning their heavily rural base by even larger margins today: Even Mr. Tester, a descendant of homesteaders who is the only working farmer in the Senate, has seen his support sag in sparsely populated counties since he first ran in 2006.

It adds up to a shrinking pool of persuadable voters.

Its not quite like what it was, Mr. Racicot acknowledged, before hinting at why so many people want to move to Montana. But its a lot closer to that ideal than the rest of the nation.

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Why Montana Is a Test Case for Democrats Winning the Senate - The New York Times

Heres the stock sector you want to be in if the Democrats sweep the November elections – MarketWatch

People and investors can become very emotional as a presidential election heats up, and this time around, feelings are obviously running high.

According to the polls, President Trump is likely to be shown the door and Joe Biden will have his party control both houses of Congress. Does this excite you? Does it fill you with dismay? Maybe the best thing for you to do as an investor is put your emotions aside and think rationally about which companies are likely to benefit from a Democratic sweep.

Ed Clissold, chief U.S. strategist at Ned Davis Research, a company that provides research to institutional investors, believes the managed health-care industry is ripe for strong performance in the event of a clean sweep by the Democrats.

He said the health-care sector tends to come under pressure heading into an election because both parties, but especially the Democrats, have talked about more regulation. But in an interview, he went on to say that following an election, health care tends to outperform the broad market because the regulation isnt as bad as expected.

Clissold believes Medicare for All, supported by many Democratic presidential candidates during the primaries, will never be the case. And even if Biden saying is able to add a public option to the insurance exchanges that use managed-care companies under the Affordable Care Act, he would expect the new program would still be run through the big managed-care companies, just like the Medicare Advantage programs.

In other words, more revenue for the managed-care companies.

Here are two charts showing how the S&P 500 managed health-care industry group has performed against the entire S&P 500 index SPX, +0.76%, with dividends reinvested.

First, total returns since Trumps election on November 8, 2016:

Here are total returns since Trump took office on Jan. 20 2017:

Under Trump, with the Republicans controlling both houses of Congress for the first two years of his term, the S&P 500 managed-care industry group greatly outperformed the broad U.S. stock market.

Clissold declined to name specific managed health-care companies for investment. However, there are only five industry players included in the S&P 500.

This table, sorted by market capitalization, includes them plus CVS Health Corp. CVS, -1.65%, which acquired Aetna in November 2018:

You can click the tickers for more about each company.

More on CVS: The company reported $63.1 billion in premium revenue during 2019. That exceeds total revenue for Cigna Corp. CI, -3.23%, Humana Inc. HUM, -1.52% Centine Corp. CNC, -2.33%.

Sell-side analysts have mostly positive opinions about the group:

There are no sell or equivalent ratings among any of the analysts polled by FactSet.

There are 99 days to go before Election Day on Nov. 3. At RealClear Politics, the national polls all show Biden ahead of Trump in the popular vote, with an average lead of 9.1%. Biden also leads most polls for battleground states, including Michigan, Pennsylvania, Wisconsin, Ohio and Florida, all of which were critically important for Trumps Electoral-College win in 2016.

Then again, most polls were also running against Trump before his surprise win in 2016. The Electoral College map at RealClear Politics shows Biden in the lead, but also has 201 toss ups out of 538 electoral votes.

Read:Trump is losing big to Biden in voter polls. Heres how this will likely play out on Election Day

The question is whether or not voters blame Trump for the economic severe recession and the scope of the COVID-19 pandemic, Clissold said. Pre-pandemic, one of the areas he received the highest marks on was the economy, he added.

If Trump is going to get re-elected, it will be because he can convince the electorate that he is the better candidate for the economy going forward. History is not on the incumbents side in this situation, Clissold said.

The Democrats are expected to maintain control over the House of Representatives. In the Senate, the Republicans have a 53-47 majority. The Republicans are defending 23 seats on Election Day, while the Democrats will be defending only 12 seats. The RealClear Politics Senate Map shows 47 Senate seats solidly Republican, with 46 Democratic and seven toss ups. But the Senate No Toss Ups map shows the Senate switching to a 52-48 Democrat majority.

Regardless of your emotional or financial investment in the outcome of the election, the overwhelming trend has been for the stock market to rally following a presidential election, no matter who wins.

Related:These 6 health-care stocks are buys because they can thrive under either Trump or Biden

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Heres the stock sector you want to be in if the Democrats sweep the November elections - MarketWatch

Democratic Congressman Believes a Black Woman on the Supreme Court Is a Priority Over VP – MSN Money

Erin Scott / Pool / AFP/Getty Chairman James Clyburn (D-SC) speaks during a House Subcommittee on the Coronavirus Crisis hearing on a national plan to contain the COVID-19 pandemic, on Capitol Hill in Washington, DC on July 31, 2020.

A top Democratic lawmaker said Friday that it was more important to have a Black woman on the U.S. Supreme Court than as a running mate for presumptive Democratic presidential nominee Joe Biden.

"The V.P. is good on style, but, on substance, give me an African American woman on the Supreme Court," House Majority Whip James Clyburn said during a segment on PBS News Hour. "That's where we determine how our democracy will be preserved."

The South Carolina Democrat has maintained that Biden picking a Black woman as his running mate would be a "plus" not a "must," saying it was a bit "foolhardy" to be focusing solely on the Democratic Party's choice for vice president. Other things, like a Supreme Court nominee, are equally if not more important, Clyburn said.

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"I long for an African American woman to sit on the United States Supreme Court," he said. "It's a shame that we have had three women to sit on the United States Supreme Court, and no one has ever given the kind of consideration that is due to an African American woman."

Clyburn referenced the Court's 2013 5-4 decision regarding the Voting Rights Act of 1965, effectively giving nine states, primarily in the South, the freedom to change election laws without needing prior approval by the federal government.

"This Supreme Court has neutered the Voting Rights Act of 1965," Clyburn told PBS. "And so I am very concerned about the composition of the United States Supreme Court."

The Court's ruling was heavily criticized for upholding voter suppression on the basis of race, and former President Barack Obama had said at the time he was "deeply disappointed" by the ruling.

Newsweek contacted Clyburn's office for comment, but did not hear back in time for publication.

Biden has told reporters he would announce his pick for vice president during the first week of August, but shortlists for potential running mates have largely featured women, and particularly women of color.

Names that have been widely circulated include Democratic Senators Elizabeth Warren of Massachusetts and Kamala Harris of California; Congressional Black Caucus Chair Karen Bass of California; and former White House national security adviser Susan Rice.

Clyburn, who has long been regarded as one of Biden's top allies, has previously stated Biden needs to pick a running mate who has "a lot of passion."

"Joe Biden is a guy full of compassion. He has much more compassion than he exhibits passion," Clyburn told MSNBC Friday. "So he needs a running mate with a lot of passion to connect to voters."

Clyburn advised Biden to survey voters to see who they think would best complement the ticket. A recent USA Today/Suffolk poll suggested that Democratic voters believe Biden should select a woman of color for his running mate.

Nearly three-quarters (72 percent) of Democrats said it was "important" for the Democratic candidate to choose a woman of color, the poll found.

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Democratic Congressman Believes a Black Woman on the Supreme Court Is a Priority Over VP - MSN Money

Democrat asks Barr to preserve any records tied to environmental hacking probe | TheHill – The Hill

Democratic Sen. Sheldon WhitehouseSheldon WhitehouseDemocrats warn Biden against releasing SCOTUS list Key Democrat accuses Labor head of 'misleading' testimony onjobless benefits Sheldon Whitehouse leads Democrats into battle against Trump judiciary MORE (R.I.) is asking Attorney GeneralWilliam BarrBill BarrJustice Dept. considering replacing outgoing US attorney in Brooklyn with Barr deputy: report Ousted Manhattan US Attorney Berman to testify before House next week ACLU lawsuit calls on Barr to delay federal execution MORE to preserve any records related to a hacking probe on environmental groups that was launched in the Southern District of New York (SDNY) prior to former U.S. Attorney Geoffrey Bermans dismissal.

The probe looks into phishing emails that targeted the email accounts of government officials, journalists, banks, environmental activists and other individuals. The emails reportedly impersonated a campaign against oil giant Exxon Mobil.

Whitehouse said that Bermans dismissal two weeks ago, which Democrats have speculated may be tied to his investigations into associates of President TrumpDonald John TrumpSecret Service members who helped organize Pence Arizona trip test positive for COVID-19: report Trump administration planning pandemic office at the State Department: report Iran releases photo of damaged nuclear fuel production site: report MORE, might have also been related to this probe.

Suggestions of political interference into ongoing criminal investigations and prosecutions are rife at this point, Whitehouse wrote in a letter addressed to Barr.

Whitehouse said the interest of the oil and gas industry in avoiding an inquiry into the events documented in these stories, and its influence in the Trump administration, and any reasonable observer would have reason to be concerned.

"I strongly suspect that this industrys influence extends to decisions made by Department of Justice," Whitehouse said, noting instances wherethe department has taken pro-fossil fuel stanceson litigation.

The senator said Bermans termination heightens those concerns for matters in the SDNY.

A report released last month by Citizen Lab, a cybersecurity watchdog group at the University of Toronto, showed details of the hacking campaign, which were linked to a company in India.The report nor prosecutors with the SDNY have accused Exxon Mobil of wrongdoing.

A spokesman for Exxon Mobil said in a statement to The New York Timeslast month that the company has no knowledge of, or involvement in, the hacking activities outlined in Citizen Labs report.

Upon Bermans resignation his former deputy, Audrey Strauss, took on his position.In his resignation Berman described Strauss as the smartest, most principled, and effective lawyer hes worked with who he said he trusts to maintain the offices tradition of integrity and independence.

Berman is scheduled to testify before House lawmakers in a closed-doormeeting next week.

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Democrat asks Barr to preserve any records tied to environmental hacking probe | TheHill - The Hill

Trump Is Running on the Courts Again. Should Biden Do the Same? – The New York Times

President Trump this month celebrated the confirmation of his 200th lifetime appointment to the federal bench, outpacing his predecessor by dozens through three-and-a-half years.

Campaign supporters of Mr. Trump and Senator Mitch McConnell, the Republican majority leader, have been urged to buy T-shirts saluting the two men as Back-to-Back Supreme Court Champs, their faces rendered in white silhouette with Gorsuch and Kavanaugh etched on the sleeves.

And four years after the battle over a court vacancy helped deliver Mr. Trump to the White House, the president hopes to keep his job by playing the hits: He has pledged to produce an updated roster of would-be justices to galvanize the right before November, warning that his Democratic opponent, Joseph R. Biden Jr., would nominate a radical lefty as a slate of major cases returns the judiciary to the political fore.

Based on decisions being rendered now, this list is more important than ever before, Mr. Trump wrote on Twitter. VOTE 2020!

That message arrived well before the courts latest ruling to disappoint conservatives on Monday: a 5-4 decision striking down a law restricting abortions in Louisiana.

By their own account, Democrats have long found themselves outmaneuvered in electoral fights over the courts. Exit polls from 2016 showed Mr. Trump winning by double digits among those who called the Supreme Court the most important factor in their vote.

Most memorably, Mr. Trump made the novel choice to publish a list of prospective nominees, shaped by leaders from conservative groups like the Federalist Society, supplying specificity (at least on this subject) from a candidate prone to ideological shape-shifting.

It gave certainty to people who didnt know the president and I was one of them, said Penny Nance, the chief executive of Concerned Women for America, a conservative Christian group. It was probably the No. 1 issue when we looked at the polling of what brought conservatives to the voting booth in 2016. I think it will be a top-of-mind issue, certainly, in 2020.

Trailing in the polls amid overlapping national crises that he has strained to corral, Mr. Trump seems even more likely to place the courts, an area of unambiguous conservative triumph, at the center of his case for re-election.

Whether Democrats can harness their own enthusiasm on this score is at once uncertain and potentially critical to election fortunes this fall, both in the presidential race and several competitive Senate contests where the Republican incumbents Supreme Court votes might figure prominently. (In Maine, Senator Susan Collinss support for Justice Brett M. Kavanaugh in 2018 attracted wide-scale scrutiny and millions of dollars in donations against her before she had an official opponent.)

Recent years have produced no shortage of seminal moments to mobilize Democrats around matters of the judiciary: the confirmation of Justice Kavanaugh; the non-confirmation of Judge Merrick B. Garland; the Supreme Courts refusal in April to extend the deadline for absentee voting in Wisconsin during a pandemic.

Still, some in the party sense an asymmetry in how urgently many Democratic voters think about the courts.

I do think it has picked up in visibility, but I dont think it moves millions to the polls in the way that it really should, said Senator Chris Coons, Democrat of Delaware and a close Biden ally. Thats the challenge that remains before us.

Progressives have suggested that Mr. Biden, the former vice president, could prompt excitement by releasing his own list of preferred judges. Some activists have urged him to embrace a proposal to expand the size of the Supreme Court.

Mr. Biden has done neither, though he has promised to nominate a black woman to the court and said that the judiciary was the single most important reason that his wife, Jill, wanted him to run in 2020.

John Anzalone, a pollster and adviser for Mr. Biden, said that much of the modern Democratic electorate plainly grasped the significance of the courts. A Suffolk University/USA Today poll in April found that Democrats were slightly more likely than Republicans to call the Supreme Court one of the most important issues affecting their vote.

I do think that women college-educated women, suburban women are without a doubt a much bigger part of our coalition, Mr. Anzalone said. And theyre much more awake to the ramifications of replacing a Ruth Bader Ginsburg. That is real.

Democrats had been bracing for possible disappointment in the Louisiana abortion case, among other decisions pending before the end of this court term.

But two high-profile rulings had already come as a pleasant surprise to them: one holding that a landmark civil rights law protects L.G.B.T.Q. employees from workplace discrimination and another preventing Mr. Trump from immediately proceeding with plans to end a program shielding young immigrants from deportation.

While welcoming the outcomes, activists have advised Democrats to beware a conservative majority bearing gifts.

The courts not evil 100 percent of the time, Meagan Hatcher-Mays, the director of democracy policy at Indivisible, said before Mondays decision. But theyre evil, like, 94 percent of the time.

Such successes can, paradoxically, register as something of a narrative complication for those arguing that the court is stacked against the left.

Brian Fallon, the executive director of Demand Justice, a progressive group, suggested that Chief Justice John G. Roberts Jr. understood as much and was steering the court accordingly.

These rulings are enough to convince a lot of people on the left that they should continue to play within the system and not offend sitting federal judges by calling them out as overly political, he said. In some sense, that is the exact game that Roberts is playing: to side with the liberals in just enough cases so the public misses the larger trend of this courts rightward swerve.

The chief justice has nonetheless angered many Republicans who appraise his tenure as a failure, recalling him siding with the courts liberal wing in cases challenging core provisions of the Affordable Care Act. In the abortion ruling on Monday, he voted with the liberal justices but did not adopt their reasoning, saying that deference to precedent compelled him instead.

Some critics of Chief Justice Roberts hold high office: Do you get the impression that the Supreme Court doesnt like me? Mr. Trump wrote on Twitter this month.

Conservatives say that, if anything, the Roberts era has demonstrated the need for Mr. Trump to fill vacancies for another four years.

Frustration with the chief justice and concern about the direction the courts were going was part of what galvanized conservatives in the first place to elect someone like Trump, said Carrie Severino, president of the conservative Judicial Crisis Network.

By prizing courage in addition to credentials, Ms. Severino said, Mr. Trumps approach is almost designed to avoid a future John Roberts, whom she accused of operating with politics in mind in some ways echoing the charge of his progressive skeptics.

She also joined some liberal counterparts in calling for Mr. Biden to release a list of potential nominees.

Many Biden supporters see little need for that step because, unlike Mr. Trump in 2016, the former vice president has an exhaustive record on judicial affairs, including an extended tenure as chairman of the Senate Judiciary Committee.

Those close to Mr. Biden are rarely eager to dwell on the treatment of Anita Hill before his committee at the confirmation hearings for Justice Clarence Thomas. But others cite his work to defeat the nomination of Judge Robert H. Bork in 1987 as a towering feat for Democrats and a turning point for a chamber that had previously been disinclined to reject a nominee for primarily ideological reasons.

I dont think theres ever been any president assuming Bidens elected who knows as much about or has been as involved in shaping the Supreme Court as Joe Biden, said Mark Gitenstein, who led Mr. Bidens Judiciary Committee staff during the Bork fight.

And those who have doubted Mr. Biden in 2020, he added, were hardly the first.

The irony of the Bork fight is its not unlike what youre seeing now, Mr. Gitenstein said. People totally underestimated Biden.

Giovanni Russonello contributed reporting.

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Trump Is Running on the Courts Again. Should Biden Do the Same? - The New York Times