The Cuccinelli Era Is Over

Ken Cuccinelli fell short last night in his bid to become Governor of Virginia.  Is the GOP mature enough to accept defeat and find a new way forward? [Credit: Huffington Post]

Ken Cuc­cinel­li fell short last night in his bid to become Gov­er­nor of Vir­ginia. Is the GOP mature enough to accept defeat and find a new way for­ward? [Cred­it: Huff­in­g­ton Post]

Chris Christie and Ter­ry McAu­li­ffe were both sup­posed to win big in their guber­na­to­r­i­al bids. Christie did; McAu­li­ffe didn’t. And that presents Con­gres­sion­al Repub­li­cans with a gen­uine oppor­tu­ni­ty to make crit­i­cal changes to the President’s health care law. If they don’t squan­der it.

To under­stand just how unim­pres­sive McAuliffe’s elec­tion was, con­sid­er two things: the polls and the cash. McAu­li­ffe out­spent his GOP oppo­nent, Ken Cuc­cinel­li, $34 mil­lion to $18 mil­lion. That’s an enor­mous advan­tage that McAu­li­ffe deployed to run non-stop ads begin­ning last sum­mer that accused Cuc­cinel­li of advanc­ing a bill to ban birth con­trol, a charge reject­ed by the Wash­ing­ton Post’s fact-check­er, despite that publication’s endorse­ment of McAu­li­ffe.  Dis­tort­ed but high­ly effec­tive: McAu­li­ffe best­ed Cuc­cinel­li among women, 51–42.

Then there were the polls. Vir­tu­al­ly every vot­er sur­vey tak­en pri­or to the elec­tion had McAu­li­ffe win­ning in a rout. The Wash­ing­ton Post had McAu­li­ffe ahead, 51–39.  The Real Clear Pol­i­tics aver­age of the sev­en most recent polls had McAu­li­ffe up by 6.7 points. Poll­sters bad­ly mis­read this race. McAu­li­ffe pulled less than 48% of the vote. He won by just over 2 points in an elec­tion where a third-par­ty lib­er­tar­i­an can­di­date attract­ed a 6.5 per­cent share.

McAu­li­ffe had every advan­tage through the mid­dle of last month – mon­ey, a mis­lead­ing mes­sage cal­cu­lat­ed to ter­ri­fy and enrage women vot­ers, and a gov­ern­ment shut­down that affect­ed the hun­dreds of thou­sands of fed­er­al work­ers and con­trac­tors who live in North­ern Vir­ginia. Call­ing McAuliffe’s nar­row win “the sur­prise elec­tion of the night,” Politi­co this morn­ing asked, “How the heck did that happen?”

The num­ber one rea­son: Obamacare.

Don’t take Politico’s word for it. Ask the Pres­i­dent and his han­dlers. In a cam­paign swing for McAu­li­ffe two days before the elec­tion, the Pres­i­dent avoid­ed men­tion­ing his sig­na­ture domes­tic pol­i­cy achieve­ment, pre­fer­ring instead to talk about the recent gov­ern­ment shut­down, which had long since van­ished from the news cycle, hav­ing been sup­plant­ed by an end­less suc­ces­sion of Oba­macare failings.

Exit polls con­firm the wis­dom of that deci­sion. Only a small plu­ral­i­ty of vot­ers (48%-45%) said that Con­gres­sion­al Repub­li­cans were more to blame than Pres­i­dent Oba­ma for the shut­down. But 88% of those who fault­ed the GOP backed McAu­li­ffe. The health care law was quite anoth­er mat­ter. Vot­ers opposed that, 53–46. McAu­li­ffe cap­tured only 11 per­cent of Oba­macare oppo­nents, with Cuc­cinel­li and Robert Sarvis, the Lib­er­tar­i­an can­di­date, shar­ing the remain­ing 89 percent.

How should the GOP respond? First, Repub­li­cans should admit that this was a defeat. Beat­ing the spread may be prof­itable in Las Vegas, but elec­tions are black and white. Despite under­per­form­ing, Ter­ry McAu­li­ffe is Virginia’s new Gov­er­nor. Sec­ond, they should admit that it was a dev­as­tat­ing defeat. Vir­ginia once was a reli­ably Repub­li­can state. No longer. The party’s brief revival after the 2009 elec­tions has end­ed. Democ­rats now hold both US Sen­ate seats and two of the three top offices in the Com­mon­wealth. They may well pre­vail in the Attor­ney Gen­er­al race as well, once all the bal­lots have been count­ed and, prob­a­bly, recount­ed. McAu­li­ffe ran, in part, to help deliv­er the state Hillary in 2016, and that must now be con­sid­ered the most like­ly out­come. With­out Vir­ginia, the road to the White House would be steep­er, more treach­er­ous and, per­haps, impass­able for the 2016 GOP standard-bearer.

Third, they should not blame each oth­er. Cuc­cinel­li back­ers are fault­ing the GOP estab­lish­ment for not pour­ing more mon­ey into Vir­ginia. Nation­al Repub­li­cans were as obliv­i­ous as pro­fes­sion­al poll­sters to McAuliffe’s crum­bling advan­tage. Per­haps if they had pro­vid­ed Cuc­cinel­li with more resources, he wouldn’t have been car­pet-bombed by neg­a­tive ads. But by the time the cor­ro­sive effects of Oba­macare start­ed to reg­is­ter, vir­tu­al­ly all the air­time had already been pur­chased. There was lit­tle oppor­tu­ni­ty for a late ad blitz.

Fourth, they should rec­og­nize that in pol­i­tics, no defeat – and no vic­to­ry – is final. The most impor­tant elec­tion is the next one, not the one that just occurred. And it is here that their advan­tage lies.

To this point, Repub­li­cans have proven remark­ably inca­pable of chan­nel­ing pop­u­lar dis­ap­proval of the health care law into suc­cess­ful leg­isla­tive strat­e­gy. They have wast­ed the past 3–1/2 years on pro­pos­als rang­ing from the sym­bol­ic to the bizarre – a suc­ces­sion of mean­ing­less House votes on repeal­ing the law, which the Sen­ate could safe­ly ignore, fol­lowed by the dis­as­trous deci­sion to shut the gov­ern­ment down, which the Sen­ate was only too hap­py to accom­mo­date. That last deci­sion was espe­cial­ly dam­ag­ing to Cuc­cinel­li. One won­ders how yesterday’s elec­tion might have turned out had vot­ers in Alexan­dria, Arling­ton, and Fair­fax coun­ties not just had their pay­checks delayed by a cou­ple of weeks.

But for all the GOP mis­steps, Oba­macare has nev­er been more unpop­u­lar and Democ­rats have nev­er been more squea­mish about it. While their polit­i­cal flaks today are attack­ing Chris Christie and tout­ing their vic­to­ry in Vir­ginia as deci­sive and his­toric, Democ­rats who face elec­tion in 2014 are more wor­ried than before about Oba­macare – and poten­tial­ly more will­ing to vote with Repub­li­cans to change it.

Democ­rats con­cerned about their elec­toral prospects aren’t buy­ing hap­py talk from the Admin­is­tra­tion about fix­ing the web­site. Nor are they sat­is­fied with the President’s line that can­celling cov­er­age for mil­lions of peo­ple was an act of wis­dom and com­pas­sion on behalf of the “under­in­sured.”  The law’s most fer­vent Con­gres­sion­al sup­port­ers, like Bar­bara Mikul­s­ki (D‑MD), are warn­ing of a “cri­sis of con­fi­dence” and wor­ry aloud about the exchanges col­laps­ing under the weight of old­er and sick­er enrollees. Oth­ers who are less attached to the law voice sup­port for repeal­ing the tax penal­ty on peo­ple who choose not to enroll

But while some Democ­rats are pre­pared to change crit­i­cal pro­vi­sions of the health care law, they would not vote to repeal it. Instead of giv­ing these ner­vous Democ­rats a pass by offer­ing up non­vi­able pro­pos­als, Repub­li­cans should try some­thing that might make a dif­fer­ence – work pri­vate­ly with Con­gres­sion­al Democ­rats to fash­ion leg­is­la­tion that might stand a chance of becom­ing law. Such a pack­age would, among oth­er things, delay or repeal the indi­vid­ual man­date, rein­state cov­er­age that the gov­ern­ment has required insur­ers to can­cel, repeal the assess­ment on group health plans and the $10 bil­lion it pro­vides to insur­ers that sell through the exchanges, unrav­el oth­er cor­po­rate wel­fare pro­vi­sions that help those insur­ers max­i­mize prof­its and shield them against loss­es, and pro­tect peo­ple with pre-exist­ing med­ical con­di­tions who cur­rent­ly are enrolled in high-risk pools from suf­fer­ing laps­es in cov­er­age as a result of Obamacare’s bun­gled implementation.

Small num­bers of Democ­rats already have announced sup­port for some of those pro­vi­sions and some have intro­duced bills to that end. After McAuliffe’s near-death expe­ri­ence, their ranks will grow. Repub­li­cans should embrace them, not repulse them with pro­pos­als that stand no chance of pas­sage. Should bipar­ti­san sup­port for more tar­get­ed and polit­i­cal­ly palat­able pro­pos­als emerge, Demo­c­ra­t­ic lead­ers will be put in a dif­fi­cult posi­tion – allow those bills to move for­ward or stand with the Pres­i­dent in quash­ing them. The for­mer will do polit­i­cal dam­age to a Pres­i­dent who does not have to face vot­ers; the lat­ter will dam­age vul­ner­a­ble Mem­bers who do. Repub­li­cans can’t make that choice for Har­ry Reid (D‑NV), but they can make the choice a dif­fi­cult one.

The Cuc­cinel­li era is over. It was an era char­ac­ter­ized by grand ges­tures, dra­mat­ic con­fronta­tions, quixot­ic quests and, invari­ably, fail­ure. Con­gres­sion­al Repub­li­cans, at Cuccinelli’s urg­ing, held off on sen­si­ble pro­pos­als like repeal­ing the indi­vid­ual man­date that might have kept insur­ers from offer­ing cov­er­age through the exchanges, argu­ing that such a bill would hurt his chances before the Supreme Court. He lost any­way. Cuc­cinel­li enthu­si­asts backed the idea of forc­ing a gov­ern­ment shut­down that helped sink his can­di­da­cy and ren­der a once tri­umphant Vir­ginia Repub­li­can par­ty defeat­ed, divid­ed and demoralized.

Cuc­cinel­li is a good man and a dread­ful strate­gist. The GOP should take this oppor­tu­ni­ty to turn away from ruinous schemes and shake off its recent habit of dis­miss­ing effec­tive strate­gies as ide­o­log­i­cal­ly impure. Ide­ol­o­gy shapes opin­ion; strat­e­gy gets results.

It is not too late to achieve results. Yet.