The ACA Survives, in One More Victory for Boring Old Liberalism

Plain vanilla American liberalism hasn't been particularly fashionable for a long time, and it certainly isn't now. Anyone who regularly consumes high-status media like NPR or the Wall Street Journal, or who spends any time at all in the Twitterverse, could well conclude that today's politics is mostly defined by a battle between a highly intellectualized, social identity-oriented, self-consciously "anti-establishment" left wing on one side and an array of conservative critics, both Trumpist and anti-Trumpist, on the other.

But when we shift our attention to what the government is actually doing, we see a policy-making apparatus that continues to be dominated by a familiar pragmatic liberal tradition representing the historical legacy of the New Deal and Great Society. The Affordable Care Act is one of this tradition's most important recent achievements, if it's appropriate to refer to a law passed more than a decade ago as "recent." And the Supreme Court's 7–2 decision, announced Thursday, upholding the ACA against what may well be the last in a series of major legal challenges only confirms the resilience of the center-left policy state in the face of dissatisfaction on both ideological sides.

The ACA is complicated. It's inelegant and kludgy. It was designed to patch up the most urgent perceived flaws in the existing health care system rather than to tear it down completely and construct a more efficient and coherent successor. It is easy for its strongest detractors to hate, but hard for even its strongest defenders to love.

And yet the ACA remains a representative model of policy-making because it had two critically valuable qualities: enough initial support to be enacted in the first place and a big enough constituency to protect it from subsequent retrenchment. For all of the well-argued critiques directed its way by dissenters on the left and right, neither side has demonstrated the ability to transform a purer ideological vision into achievable and sustainable policy. Decades of progressive attempts to replace the current health care system with a universal single-payer alternative have yet to bear fruit. Conservatives' philosophical opposition to government involvement in health care provision has historically been a politically potent force when working to block liberal reform proposals before they passed, as in 1994, or when mobilizing an electoral backlash immediately after enactment, as in 2010. But after Republicans gained full policy-making power in 2017, general anti-government sentiment turned out to be insufficiently strong to persuade enough politicians within the party to rescind the ACA's specific benefits once they had actually started flowing to the public.

This same pattern arises in a number of other issue domains besides health care: entitlement policy, education policy, environmental policy. The decades-long conservative project to redefine government's role in society has been largely unsuccessful, except for several rounds of tax cuts (never balanced by corresponding spending reductions) and a few smaller victories on the margins. Donald Trump abandoned previous Republican support for Social Security and Medicare reforms that had always been more effective at attracting damaging Democratic attacks than in producing actual legislative achievements. But Trump was hardly the first Republican leader to depart from shrink-the-government doctrine in search of votes. 

Conservative victories often amount to the successful obstruction of liberal initiatives, or even just a reduction in the rate of government growth, rather than actual rightward shifts in the direction of policy. As popular conservatism becomes more consumed with symbolic and cultural battles, such as the current conflict over the teaching of critical race theory in public schools, the movement's traditional primary objective of rolling back the modern welfare state is either moving down the agenda or increasingly delegated to the conservative judiciary rather than the elected branches of government. (As Thursday's ruling showed, judges may not always be much more eager to take on this assignment than executives or legislators have been.)

In the other ideological direction, an increasingly visible strain of progressive activism has certainly had a measurable effect on perceptions of the American political climate. But so far, its ability to directly impose policy has been mostly restricted to non-governmental institutions controlled by the highly-educated cultural left, such as media companies and liberal arts colleges. The new progressive style has yet to find a secure foothold in elective politics, even in Blue America—where are the socialist state governors? the leftist big-city mayors?—despite plenty of confident assertions that the Bernie Sanders campaigns and the AOC-aligned "Squad" foreshadow the near-term future of the Democratic Party. Conflicts in various left-dominated municipalities over police reform and defunding in the Black Lives Matter era, as well as other similar issues, suggest that there are still many unanswered questions about how this particular ideological framework can and will be converted into specific governing choices.

Traditional pragmatic liberalism is a perennial rhetorical target for people who think of themselves as committed to loftier ideals. On the right, social conservatives like Ross Douthat criticize it for lacking "a clear sense of moral purpose," suggesting that in our time it has become "somewhat exhausted." Purist activists on the left echo these themes, speaking of an age marked by the supposedly catastrophic failures of "neoliberalism" and representing the onset of "late capitalism"—implying that a non-capitalist future is surely soon to arrive.

But old-fashioned half-a-loaf liberalism has proven tough to replace. It's not just that revolutionary change is difficult to achieve in the American political system, though it is. There are also plenty of important constituencies invested in conventional liberal policy-making—classes of credentialed work-within-the-system subject matter experts, institutionalized interest groups that prize partial victories over none at all, and a large number of regular voters who hold moderately left-of-center views on domestic affairs and are wary of socialism and laissez-faire-ism alike. While critics on all sides yawn with impatience for the era of boring old liberalism to end, the boring old liberal ACA has just further entrenched itself, boring old liberals Joe Biden, Nancy Pelosi, and Chuck Schumer are working to enact more boring old technocratic incrementalist liberal policies, and boring old liberalism just keeps muddling through to prevail once again.

There Are Two Gender Gaps—And the Gap Between Them Is Growing

The gender gap, produced by the relative pro-Democratic lean of women and pro-Republican lean of men in party affiliation and voting habits, has been a fact of American electoral life since the 1980s. In 2016, according to a study by the Pew Research Center, women voted Democratic for president by a margin of 15 points (54 percent to 39 percent), while men voted Republican by 11 points (52 percent to 41 percent). This difference was somewhat larger in 2016 than in other recent elections—probably reflecting the specific candidates on the ballot last time—though not dramatically so; Gallup estimated in 2012 that Barack Obama had carried the women's vote by 12 points while losing to Mitt Romney by 8 points among men.

But gender differences in the composition of the parties become greater as we move up the ladder of political engagement from average voters to activists, candidates, interest group leaders, and elected officials. Today, for example, 74 percent of female senators are Democrats, as are 73 percent of female U.S. House members—even though Republicans outnumber Democrats overall in both chambers. And this elite-level gender gap is certain to grow after the 2018 midterms. Democrats have nominated 183 women for the House this year (compared to 52 for the Republicans), representing a record 43 percent of the party's candidates. Among non-incumbents, a full 50 percent of Democratic House candidates are female, compared to 18 percent for the GOP:

This imbalance between the parties is also evident in senatorial and gubernatorial races, where women constitute 38 percent of Democratic nominees in 2018, compared to 17 percent of Republican nominees:

Democratic women are still undercounted in leadership ranks; because they reliably outnumber men among the party's supporters in the national electorate, even the perfectly balanced gender ratio among non-incumbent House candidates in 2018 gives female Democrats less than their proportionate share. But Republican women are underrepresented among the politician class to a much greater degree. According to the Pew data, women provided Donald Trump with about 48 percent of his popular votes in 2016, yet they constitute only 14 percent of the party's 2018 congressional candidates, 12 percent of its sitting senators and governors, and 10 percent of its current House membership. And it's quite possible that the share of female Republicans in Congress will decline further after 2018, since several veteran incumbents are retiring and a few others face tough races against Democratic challengers this November.

So there are really two gender gaps—one each in mass and elite politics—that differ markedly in magnitude. But they differ in their character as well. Scholars have not settled on a consensus explanation for the emergence of the gender gap among rank-and-file voters, but some analyses have suggested that, despite common assumptions that political disagreements between male and female citizens center mostly on stereotypical "women's issues," its existence mostly reflects distinct views on economics. In general, women tend to be more liberal than men on kitchen-table domestic policy concerns like health care and Social Security, perhaps reflecting the fact that they are collectively more economically vulnerable than men—especially if unmarried.

In the echelons of political leadership, however, the partisan loyalties and policy priorities of many women on the Democratic left are visibly fueled by a personal commitment to feminism and related social causes. Because the top ranks of the conservative Republican opposition are so heavily dominated by men, the landscape populated by nationally prominent politicians and activists—as well as the related professional worlds inhabited by reporters, intellectuals, social critics, media personalities, and the rest of the "creative class"—can resemble a perpetually polarized battle of the sexes in which gender differences closely map onto other stark political divisions separating participants along lines of partisanship, ideology, and cultural perspective.

This pattern is further reinforced by current fashions in liberal thought and rhetoric. The strong individualistic streak that once characterized the American left is gradually giving way to newer intellectual trends emphasizing the inescapable salience of social group membership as a source of common interests, priorities, experiences, and threats. Contemporary liberal activists with visible social media platforms or prominent positions in opinion journalism and the entertainment industry commonly characterize issues like abortion, sexual assault and harassment, and demands for demographic diversity in high-status professions as uniting women as a group ("#YesAllWomen") against a male-identified opposition bent on their subjugation ("#SmashThePatriarchy").

But among the American public as a whole, differences in opinion between men and women on such matters are often modest or nonexistent, and are reliably smaller than more familiar divisions along party lines. For example, a recent Pew survey found no significant gender gap on abortion (59 percent of women and 55 percent of men favored legal abortion in "all or most cases") but a much wider divide separating partisans (75 percent of Democrats took the pro-choice position, compared to 34 percent of Republicans). Another survey conducted this past April asking whether "sexual harassment and assault is a major problem in the workplace today" found a 10-point difference by gender (55 percent of women and 45 percent of men agreed) and a 29-point difference by party (62 percent of Democrats agreed, compared to 33 percent of Republicans). Even the surge in female office-seekers depicted in the graphs above inspires the same pattern; 80 percent of Democrats (including 75 percent of Democratic men) say it's a "good thing" that more women are running for Congress in 2018, but only 39 percent of Republicans—and only 45 percent of Republican women—express enthusiasm about this development.

This doesn't mean that the promotion of feminist thought by liberal elites has had little effect on public opinion more broadly. The reception of these ideas has merely been much warmer among Democrats than among Republicans—even female Republicans—further fueling a societal debate in which the largest divide is between the two parties, not the two genders. Analysis that fails to acknowledge the overwhelming influence of partisanship risks misstating or incorrectly forecasting the public's response to political events or figures that touch on gender issues. Feminist thinkers and activists may claim the standing to speak on behalf of women as a group, but women out in the public at large exhibit much less collective coherence, or distinctiveness from men, than it appears from the vantage point of the politically hyper-engaged.

For example, when the "Access Hollywood" footage of Donald Trump surfaced in October 2016, most pundits, and even leading Republicans like Reince Priebus and Paul Ryan, assumed that scandalized women would abandon his candidacy en masse, leaving him to a certain and perhaps historic defeat. Instead, Trump's female supporters stayed loyal and carried him to an upset victory. Likewise, the emergence this week of sexual assault allegations against Supreme Court nominee Brett Kavanaugh inspired predictions from some corners of a popular backlash among women that would soon scuttle his chances of confirmation in the Senate. It's too soon to know for sure, but there's little evidence so far of significant erosion in Kavanaugh's public support; Democrats already disliked him, and Republicans who were initially favorable to his nomination haven't yet heard anything to change their minds.

I've argued repeatedly that the coast-to-coast eruption of female-led Democratic activism in 2018 is the most important electoral development of the year, and probably the most underappreciated. A compositional transformation and mass mobilization on such a large scale is sure to have significant consequences for American political life even if it is confined to only one party. And this "pink wave" is itself a response to key developments in Republican politics that culminated in the election of the current presidential administration.

We don't yet know, however, whether Democratic primary voters' growing preference for female candidates will be shared by the much larger and politically diverse general electorate this November, or how the feminist case against Republican rule made by thought leaders in the national media will resonate among women—or men, for that matter—in the pivotal midwestern constituencies that hold the balance of power in Congress. In the age of Trump, the gender gap among elites seems to be growing more intense by the day. But will the mass gender gap start moving in the same direction, or will the gap between the gaps just continue to grow?