And one other thing : because there is so little attention on statehouses in this country , and so little comparative pushback by the other side at that level , this battle turns out to be a far easier battle than the one at the federal level . Much of it takes place with almost no one paying attention . And because of tools such as gerrymandering and voter suppression , the battle gets easier as you go . Once this side locks up a state , seizing power over that state ’ s own democracy , it becomes ever harder for the other side to seize it back . And this also means they can repeatedly enact controversial or unpopular measures that serve their economic agenda , and there ’ s nothing the people of that state or anyone else can do about it . So those are the two battles . Now what happens when these two sides engage in their respective battles , repeatedly and over time ? Let ’ s play it out . The pro-democracy side wins its fair share of its battle for federal seats . The House . The Senate . The Presidency . It ’ s cyclical , of course . But in good cycles and with good candidates , this side wins and celebrates as if all is won . In bad cycles and with bad candidates , this side loses , thinking it has lost everything .
But what of the anti-democracy side , fighting its statebased battle with scant organized or well-funded opposition ? Whatever happens at the federal level , this side almost inevitably wins its battle at the state level . And every win in any state becomes an important foothold — often a permanent gain — in its long-term battle .
In short , in its battle , the side attacking democracy is always winning . Always on offense . Always making gains , which then secure future gains .
And the stark reality is that those gains will never stop until the side for democracy finally engages in the same battle as those attacking democracy . With equal vigor . With equal stamina .
So what should those who are battling for democracy do ? As von Clausewitz warns , they must start by coming to terms with the true nature of the battle . That 2022 politics involve a battle over democracy itself . And then they must reformulate every strategy to gird for that much larger and more complex battle that the other side has been engaged in for decades .
First , reframe the length of the battle . It is a long one , playing out year after year . Progress in that battle can and must come independent of the ups and downs of individual federal cycles , although those are certainly important . Those battling for democracy must plan for that long battle , play the long game for democracy , and measure success accordingly . Beyond historic examples such as women suffragists and the 20th century civil rights battle , the best example of someone playing that long game in recent history is Stacey Abrams , who understood that flipping Georgia would only happen after multiple cycles of engaging voters , inspiring voters , fighting suppression , and other steps . Stacey did not judge her strategy based on each cycle ’ s outcome . Even in 2018 , after she fell short of becoming Governor by a few votes in a tainted election , she announced that her coalition had “ made progress .” And it had — by lifting and inspiring and engaging and registering so many long suppressed voters , her historic coalition came far closer than was imaginable only a few years earlier . Stacey knew that . Two years later , the rest of the nation understood exactly what she ’ d meant by “ progress .” She was measuring her progress with a far wider lens that most everyone else , and just kept going .
Second , because it ’ s a battle for democracy , engage the battle where it is . And that is in the states . All 50 of them . Not just “ swing ” areas , but every office . Giving up on all but “ swing areas ” allows those attacking democracy to forever lock in the gains they make , while implementing damaging policies in state after state . If you ’ re playing a short game , then “ swing states ” and “ swing seats ” are all that matter . In a “ long game ,” not contesting seats everywhere is a disaster . And engage it when it is . Which is every year , somewhere . And engage it at all levels that impact democracy , which includes statehouse seats , as well as countless other offices that play some role in the process of shaping democracy . With the direction of the United States Supreme Court , state supreme courts are becoming especially important , and as Ohio and North Carolina have proven in recent years , can be won even in difficult cycles . Other statewide and local offices are more important than ever once you see the battle for what it is ( not just because those officials might someday run for higher office — but because they too have some control over our democracy ).
The new frame also leads to a critical shift in how the pro-democracy side perceives the opposition . This battle is far bigger than the “ Never-Trump ” lens . As trial lawyers know all too well , attacks on democracy and the broader common good preceded Trump , and will outlast him . These undemocratic statehouses could ultimately benefit a figure far more savvy and disciplined than Trump . And just because someone doesn ’ t sound at all like or even support Trump , that doesn ’ t mean they ’ re for democracy . So we let them off the hook if we size people up through the narrow lens of Trump — which leads to lauding people who are attacking democracy just as fiercely as Trump is , if more politely . The key question is , do they support democracy , or don ’ t they ? If they do , welcome to the battle ( and we can hash out any other differences later ).
In sum , on all fronts , do what the other side has been doing for decades . And re-allocate the massive amount of resources , energy and time that have been fueling the federal / swing-state / cylical strategy to this reshaped battle for democracy . Knowing how big the stakes are , go ahead and add more resources , energy and time to the deeper cause .
And with every victory you strike for democracy , at any level , every year , immediately convert that foothold into a laboratory of democracy — passing laws and measures and
78 x The Trial Lawyer