|
|
| Good morning [%FIRST_NAME%], |
|
lternate Forecasts is a newsletter highlighting the markets that might have gone under the radar recently, but are worth consideration.
It’s Wednesday and here are a few PredictIt forecasts worth keeping an eye on: Before we get to your usual Wednesday program of under the radar markets, we have to talk briefly about what happened with New York Governor Andrew Cuomo (D) on Tuesday. And boy, did it shake up the Cuomo-focused markets and got the attention of President Joe Biden (not a good thing for the governor).
Next, Supreme Court Justice Stephen Breyer is under a lot of pressure to retire while a Democratic president is in office and the party still holds the de-facto majority in the Senate to ensure his seat gets filled by a liberal judge. They don’t want a repeat with what happened with Justice Ruth Bader Ginsburg last year. Then, we’ll examine how Sen. Ron Johnson’s (R-WI) current indecision is impacting both Democrats and Republicans (behind the scenes) and the Badger State’s importance in deciding the Senate majority after the 2022 midterms.
We’ve launched one new market today: what will be President Joe Biden’s job approval rating on FiveThirtyEight on Aug. 10.
*Market prices in each “Market Pulse” updated as of 6 a.m. EDT.
|
|
|
|
|
Will Andrew Cuomo be governor of New York at the end of the year?
|
|
|
|
|
On Tuesday, New York Attorney General Letitia James (D) released the findings of her investigation into several sexual harassment allegations against New York Gov. Andrew Cuomo (D). The monthslong probe concluded that Cuomo had sexually harassed at least 11 women, then retaliated against a former employee who complained publicly about his conduct, and that “in doing so violated federal and state law.”
The 165-page report, which comprises interviews with 170 witnesses and a review of tens of thousands of documents, also said that Cuomo’s office was riddled with fear and intimidation, and was a hostile work environment for many staffers. According to the report, the harassment entailed nonconsensual touching, groping, kissing and hugging and making inappropriate comments toward numerous women.
President Joe Biden, who previously said that Cuomo should resign if the allegations against him were found to be true, made good on that later Tuesday by publicly calling for Cuomo’s resignation. New York legislators from both parties vehemently condemned Cuomo’s conduct and are contemplating further action against the governor. Several other prominent Democrat leaders – including House Speaker Nancy Pelosi (D-CA) – also said Cuomo should resign.
In response, Cuomo’s office released documents and showed a video montage of the governor kissing and touching the faces of men and women, young and old, and gave no indication that he was taking the calls to resign seriously or had any intention to do so.
“I want you to know directly from me that I never touched anyone inappropriately or made inappropriate sexual advances,” he said, repeatedly suggesting that the investigation was biased and tainted with politics. “I do it with everyone,” Cuomo said, noting that his gestures were “meant to convey warmth, nothing more.”
|
|
|
|
|
|
|
“I do kiss people on the forehead, I do kiss people on the cheeks, I do kiss people on the hand, I do embrace people. I do hug people, men and women. I do on occasion say ‘Ciao, bella’ on occasion, I do slip and say ‘sweetheart’ or ‘darling’ or ‘honey’.” – New York Gov. Andrew Cuomo (D).
|
|
|
|
The attorney general investigation was civil in nature and didn’t come with any criminal actions or suggestions, although James did say that he had violated state and federal law. Cuomo now has to decide how he will proceed – if he stays firm to his intentions not to resign, then he will also need to decide if he will still seek a bid for another term next fall.
It’s possible that the Democratic-led legislature in the Empire State will take the decision out of Cuomo’s hands entirely. New York Assembly Speaker Carl Heastie (D), who has the power to begin impeachment proceedings against the governor, blasted Cuomo in a statement Tuesday. “The conduct by the governor outlined in this report would indicate someone who is not fit for office,” he said, but did not announce any further plans or actions.
Market Pulse: With news of the impending report, Cuomo’s odds of winning the 2022 New York Democratic gubernatorial nomination dropped from 41¢ on Monday to just 10¢ Tuesday. Letitia James, who had been a close second, moved into a strong first place with 40¢ Tuesday – almost double Lt. Gov. Kathy Hochul (D), who is now in second with 24¢. If Cuomo does chose to seek another term, he will likely face stiff competition.
This wasn’t the only market that moved drastically on Tuesday. The market tracking if Cuomo will be governor of New York at the end of the year dropped from 89¢ to 32¢ within 24 hours. So, trader confidence that Cuomo will leave office this year is growing, but traders aren’t sure if that will be through impeachment or resignation. If Cuomo will be impeached by September shifted up 17¢ on Tuesday to close at 19¢ – and if he will resign, in the same timeframe, moved up 34¢ on Tuesday. Both had been at lows of 2¢ before the news broke.
|
|
|
|
|
|
Will the Senate confirm a Supreme Court justice in 2021?
|
|
|
|
|
Eighty-three-year-old Supreme Court Justice Stephen Breyer is under continued pressure from some liberal activist groups, law professors and members of Congress to retire from his seat while the presidency and Senate are controlled by Democrats – opening up an opportunity for a younger liberal judge to take the lifetime appointment.
Only one problem: President Joe Biden and White House officials this week renewed their stance against progressive activists who want them to ramp up the pressure on Breyer from the Executive Branch. According to sources, both Biden and his chief of staff, Ron Klain, believe that applying pressure, even privately, would damage the institution of the Supreme Court, and that it could backfire politically and by causing Breyer to stay in his job longer to prove he’s immune to political interference.
|
|
|
“The President’s view is that any considerations about potential retirements are solely and entirely up to justices themselves.” — White House spokesman, Andrew Bates
|
|
|
|
The anxiety on the left about Breyer is likely some form of progressive post-traumatic stress disorder (PTSD) lingering from the late Ruth Bader Ginsburg’s (RBG) decision not to retire while President Barack Obama was in office and could have nominated a liberal justice to fill her seat. Instead, they wrongly assumed that Hillary Clinton would win the presidency and we all know what happened next. Former President Donald Trump won and was able to appoint a conservative justice when RBG died in 2020, leading to a 6-3 conservative to liberal balance on the High Court.
Justice Breyer, who is now the court’s most senior liberal justice, has shown no inclination of wanting to vacate his seat to make room for Democrats to appoint a younger liberal justice. In fact, he seems to be enjoying his new status and additional powers that come with the leadership rank. He’s taken on a leading role on several major cases, and is heard from sooner in the justices’ private conferences, which is driven by seniority. This all adds up to more influence over the ultimate decision of a case as well as a greater historical footprint as he assigns the opinion for the liberal wing of the court when the court rules on 6-3 conservative-liberal lines.
|
|
|
|
|
|
|
Breyer hasn’t publicly addressed questions on the timing of his decision to retire, but he said during an interview on CNN that he would be basing his decision on two factors:
|
|
|
“Primarily, of course, health. Second, the court.” — Justice Breyer
|
|
|
|
Liberal activists, law professors and some Democratic members of Congress have tried to publicly persuade Breyer to leave the bench. Following Breyer’s statement to CNN about “the court” being a factor in his decision-making, Sen. Amy Klobuchar (D-MN) also took to the CNN airwaves to publicly encourage him to make his decision “sooner rather than later,” but didn’t cross the line of directly calling on Breyer to step down.
|
|
|
“He makes his own decision about if he’s going to retire, but…if he’s going to retire, it should be sooner rather than later, if you are concerned about the court, because what happens is the US Senate matters.” — Sen. Amy Klobuchar (D-MN) on CNN’s “State of the Union”
|
|
|
|
On the other hand, Rep. Mondaire Jones (D-NY) has led the charge on Capitol Hill calling on Breyer to retire and blaming “senior-in-age justices” for denying Obama the opportunity to appoint more Supreme Court justices. “There’s no question that Justice Breyer, for whom I have great respect, should retire at the end of this term. My goodness, have we not learned our lesson?” Jones said back in April, referring, of course, to the late Justice RBG not vacating her spot during Obama’s presidency to make way for a younger liberal to fill her seat.
|
|
|
|
|
|
|
But public pressure on Breyer has come mainly from advocacy organizations like Demand Justice, an organization led by former Hillary Clinton spokesperson, Brian Fallon, and attorney general for Obama, Eric Holder. They’ve been applying public pressure through online petitions, digital ads, billboard trucks and organizing open letters from law professors.
|
|
|
“For Democrats to sit on their hands and be content to potentially watch a slow-motion replay of the RBG situation play out just goes to show the folly of our party’s passive approach to the courts over the years. The court is already a deeply politicized institution and there is nothing lost by acknowledging that reality and responding accordingly.” — Brian Fallon, former spokesman for Hillary Clinton
|
|
|
|
This is all happening in the midst of an ongoing conversation among some Democrats about expanding the Supreme Court. Breyer has warned in public appearances in the past that expanding the court would make it appear more political and damage the court’s influence. Reps. Jones, Jerry Nadler (D-NY), Hank Johnson (D-GA) and Sen. Ed Markey (D-MA) introduced legislation earlier this year to expand the court from nine to 13 justices. However, House Speaker Nancy Pelosi (D-CA) has said that she has no plans to bring that legislation to the floor, instead endorsing a study committee established by Biden.
During his 27-year tenure, Breyer has become known for trying to build consensus and minimize the politics of the bench, especially as polarization elsewhere has increased.
Market Pulse: As far as the effort to expand the number of justices on the Supreme Court, trader sentiment has been cool on this possibility since the market opened, vacillating between 3¢ and 4¢, and not above 3¢ since the first days of July. The market has garnered a decent amount of interest, with more than 1.3 million trades and new interest each time the issue makes new headlines.
The market for if the Senate will confirm a Supreme Court justice this year is a de-facto measurement of the odds that Breyer will retire, leaving open the most likely avenue for Biden to appoint a younger, liberal judge before the midterms. There was a sizable bump on June 28 up to 33¢, but the general consensus has been much lower than that, and the contract is trading at just 8¢. Absent new information from Breyer, or a drastic shift from the White House, traders aren’t sensing it’s going to be likely at all.
|
|
|
|
|
|
Who will win the 2022 Wisconsin Republican Senate nomination?
|
|
|
|
|
Wisconsin Republicans are waiting anxiously for Sen. Ron Johnson (R-WI) to make a decision on whether he will run for re-election, and are – behind the scenes – making plans in case he doesn’t. Johnson made headlines last week when he told conservative commentator Lisa Boothe the he did not think he was the best candidate for 2022, potentially foreshadowing his retirement.
Another reason to be skeptical is his lean staff of only a finance director on his campaign staff right now. Six years ago at this point, he had a full staff, including a campaign manager and a communications team.
State Assembly Leader Robin Vos (R) called Johnson “probably the strongest candidate that [they] have” in an interview with The Hill. He also said of Johnson “...in his heart I’m not so sure he wants to run,” but is concerned about handing the Senate over to Senate Majority Leader Chuck Schumer (D-NY)and the Democrats.
There’s also evidence that Johnson is planning to run for re-election, namely due to his popularity among the conservative base and recent fundraising efforts. Johnson raised $1.2 million in the second quarter of this year and had $1.7 million cash-on-hand going into July.
|
|
|
|
|
|
|
“I would recommend to everybody to not underestimate Ron Johnson...He is very much in tune with what he wants to do and when he wants to do it,” Wisconsin-based GOP strategist Brandon Scholz said.
|
|
|
|
Democrats are jumping at the chance to run against Johnson, with Lt. Gov. Mandela Barnes (D) considered the most likely Democrat to run, who many consider “the best candidate to beat Ron Johnson.” The Democrats’ plan is to capitalize on recent comments from Johnson that have come under scrutiny, including saying the Jan. 6 attack on the Capitol was “peaceful,” for dismissing climate change as “bullshit” at a GOP luncheon, and for questioning the effectiveness of masks in stopping the spread of COVID-19.
Behind the scenes, Republicans worry these controversies will hurt Johnson if he does run. Wisconsin is seen more and more as a purple state, which creates complicated dynamics for a conservative Republican to win state-wide – they need to keep their base happy enough in the primary season, but also appeal to the general statewide electorate. The nonpartisan Cook Political Report rates the race as a “toss-up,” but that could change without the incumbent advantage for Republicans if Johnson doesn’t run.
|
|
|
|
|
|
|
Democrats will continue to treat the state as a prime pick-up opportunity, and eight Democrats including Barnes have jumped in the race already. Some Republican names have also been tossed out publicly as replacements, including Rep. Mike Gallagher (R-WI), Marine veteran and former Senate candidate Kevin Nicholson, former Rep. Sean Duffy (R-WI) and former Senate candidate Eric Hovde. Gallagher has already raised nearly $625,000 in the second quarter, and there are rumors that Johnson would back him as a replacement. But some Republicans don’t think Gallagher is the right person for a statewide race and his past comments could invite a Trump-backed primary challenger.
|
|
|
“In this new primary world with Trump trying to weigh in and pick his people, the most difficult thing for Gallagher is going to be what is Trump going to do? The stuff that Gallagher came out with is going to put him in a tough spot.” — Wisconsin GOP strategist
|
|
|
|
Johnson’s departure would throw Wisconsin’s Republican Party into turmoil, as well as the Senate race, but the future is still up in the air and the only one who knows what he’ll do is Ron Johnson himself.
Market Pulse: The markets still have Johnson winning the Republican Senate primary for Wisconsin next year, but just barely – at 51¢. Mike Gallagher is second with 40¢. They’re the only two candidates with strong numbers, no one else even breaks double digits as of Tuesday. Johnson took a massive nosedive near the end of July, from a high of 74¢ to a low of 25¢, but he has since recovered some of that ground to his current position. Along similar sentiments, traders are sticking with 55¢ as the price for Republicans to win the Senate election – likely a reflection of Johnson holding an incumbent’s advantage. This market is unlikely to shift drastically until Johnson makes up his mind publicly one way or another.
The Democratic nomination for Senate in Wisconsin is likely to go to Mandela Barnes, at the moment. His contract was at 68¢ Tuesday — 48¢ higher than the next-leading potential candidate, Alex Lasry. Barnes has led this market, with increasing popularity, since May 28.
Johnson’s potential retirement could make a difference in which party ultimately holds the majority in the Senate after the 2022 midterms. Traders have been pretty evenly split on if Democrats or Republicans will hold control, and have flip-flopped since mid-July. As of this morning, the odds favor Democrats just barely to hold the Senate, with 51¢-50¢ Democrat to Republican split. Traders are much more confident that Republicans will win control of the House, and that confidence has been consistent — this morning the market is priced at 68¢ for Republicans to 33¢ for Democrats.
|
|
|
|
|
|
|
|
|
|
|
Tomorrow, Aug. 5, at 12:01 a.m. EDT, PredictIt will be performing maintenance operations on the site. These maintenance operations are part of PredictIt’s ongoing commitment to performance, reliability and security, and occasionally require we take the site offline. We expect to complete the upgrades by 2 a.m. EDT.
|
|
|
|
|
|
|
|