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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Friday, August 14, 2015

John Kasich’s Appeal to Moderates Gains Traction in New Hampshire

New York Times
By Jonathan Martin
August 13, 2015

Gov. John R. Kasich of Ohio unabashedly promotes his expansion of Medicaid under Obamacare, shows little appetite for relitigating culture-war battles like same-sex marriage and offers not much more than a shrug when asked about Hillary Rodham Clinton’s turning over her email server to the F.B.I.

“I’m really more concerned about letting people know who I am, rather than that much about Hillary,” he said after a town hall-style meeting Tuesday night, the political equivalent of letting a batting practice strike go by without a swing.

At a moment when many of his Republican rivals are vying to criticize President Obama and Mrs. Clinton most sharply and to position themselves as the most ideologically pure candidates in the field, Mr. Kasich is taking the opposite approach. And it is paying off — at least in this quirky but crucial state where answers to questions about transportation funding can become applause lines, “Lake Wobegon” references get knowing laughs and Republicans can grow animated about their disdain for negative advertising.

Just a month after entering the race, Mr. Kasich is rising in the polls in New Hampshire, winning head-turning endorsements and drawing new voters to his events who were impressed with his debate performance last week. And his gains could have a significant ripple effect on the Republican primary in this state and beyond, because he is appealing to many of the same voters that former Gov. Jeb Bush of Florida and Gov. Chris Christie of New Jersey are targeting.

Mr. Kasich, whose apostasies include supporting a pathway to legal status for illegal immigrants and the Common Core education standards, may never become the Republican standard-bearer. But for all the speculation about how Mr. Bush’s difficulties with conservatives could sink him in the primary, the threat from the left that Mr. Kasich poses could present just as significant an obstacle to Mr. Bush, who is counting on a victory in New Hampshire to absorb possible losses in Iowa and South Carolina, the more conservative of the other early nominating states.

Mr. Kasich’s potential here is a product of New Hampshire’s unusual nature. While the moderate wing of the Republican Party is on the verge of extinction in much of the country, it endures in a state that is resolutely anti-tax but more secular than much of the South and Midwest. Further, unaffiliated voters in New Hampshire can participate in either party’s presidential primary, a tradition that in the past has elevated unorthodox Republicans such as Senator John McCain to success.

In 2012, 48 percent of voters in the Republican primary called themselves moderate or liberal. Even in 2008, when they could have chosen to vote in the hard-fought Democratic primary instead, 45 percent of Republican voters described themselves as moderates or liberals.

“We’re a lot squishier than most states,” said Charlie Arlinghaus, a not-so-squishy Republican activist who heads a conservative public policy group in Concord. “And I think that’s why Kasich makes a lot of sense here, in a way he doesn’t in Iowa.”

The competition for centrist voters is even more significant because it is uncertain how many of them will be up for grabs in the Republican race. With Mrs. Clinton facing a growing challenge from the left from the socialist next door, Senator Bernie Sanders of Vermont, she may need to corral many moderate, unenrolled voters into the Democratic primary to try to ensure her success.

“I would have said two months ago that our side is going to get 250,000 undeclared voters, because they go where the action is,” said David Carney, a New Hampshire-based Republican strategist. “But I don’t know now, because Bernie is making it a race in New Hampshire.”

Mr. Kasich leaves little doubt that it is this constituency he is after. He is focusing his campaign chiefly on New Hampshire and infusing his speeches with lines aimed at independents: “The Republican Party, while it’s my vehicle, it has never been my master and never will be,” he said Tuesday night at a forum in Peterborough.

But what he is not saying is just as revealing. During the event, at a country club in a Democratic-leaning part of the state, he dispatched a question about whether he would support legalized abortion in cases of rape, incest and when the life of the woman is in jeopardy with a single word — “Yes” — cutting off discussion of an issue that has addled some of his opponents.

And when reminded, by a voter, of the unexpectedly liberal votes of some Republican-appointed Supreme Court justices, Mr. Kasich did not name any cases or justices. He very briefly explained that he would seek jurists who would interpret the law, but added, “I’m not a litmus test guy.”

Mr. Kasich says he is most animated by what he calls “people in the shadows,” those with mental illness, developmental disabilities and in at-risk minority communities. “The miracle of America doesn’t just apply to the few,” he said in Derry.

But if his words resemble those of the “compassionate conservative” George W. Bush of 2000 — perhaps even more than the former president’s younger brother Jeb — Mr. Kasich’s tone and style recall the man who soundly defeated Mr. Bush here in that primary: Mr. McCain.

Mr. Kasich has a blunt, acerbic sense of humor that can be well-received among seen-it-all New Englanders. He gently mocks political ritual — “You can give me polite applause,” he jokes after opening remarks — and cracks wise about how his wife just recently let him stop sleeping on the porch, his punishment for re-entering politics after leaving Congress.

But he comes dangerously close to crossing the line between cutting and cruel in a way that could prove dangerous as the campaign wears on.

Asked about climate change by a young woman in Peterborough, Mr. Kasich quickly decided his questioner was a plant with an agenda, and could not resist declaring that he was on to her.

“You guys are doing a great job getting your talking points out,” he shot back.

Possessed with ample self-confidence, Mr. Kasich dismisses suggestions that he is a risk to himself, but some of his supporters recognize the danger. Jack Flanagan, the majority leader of the New Hampshire House, said it was the product of Mr. Kasich’s four decades in politics.

“After a while you get sort of hardened a little bit,” said Mr. Flanagan, searching for the right word. “I don’t want to say sarcastic. But he’s getting better. He deals with it.”

Mr. Kasich insists that he is having the time of his life — “I like the people in America and I’m having a ball traveling around,” he said. But he spent little time with voters after his events or establishing personal connections with those asking questions during them.

After his Derry town hall, Mr. Kasich appeared in a rush to leave, but he was only going to a diner next door to tape an interview, then have lunch with a handful of advisers and old friends from Congress.

As he regularly tells audiences, Mr. Kasich grew up outside Pittsburgh, the son of a mailman. He studied political science at Ohio State, sent a letter to Richard M. Nixon in 1970 that earned him a meeting with the president, and later became the youngest person elected to the Ohio State Senate. At 30, he won a House seat representing Columbus, and rose to become chairman of the Budget Committee, where he was an architect of the 1990s-era balanced budgets.

While he is only 63, Mr. Kasich’s frame of reference can seem like that of a man elected to Congress in 1982. This is an asset among some moderates in New Hampshire as he presents like a pre-Tea Party Republican. He pines for an era when Washington worked more effectively, and peppers his remarks with political references that are about as up-to-date as three-piece suits (which he also referred to in reaching for a fat-cat caricature).

But he is not exactly a moderate. He outright rejected a voter’s idea of raising the cap on the Social Security tax to pinch higher earners. He dodged questions about how he would address climate change and money in politics, both important issues to many well-educated centrists here.

Yet nearly $4 million in TV ads here by his “super PAC,” and Mr. Kasich’s debate performance, have given him an opening in the state. Voters at his meetings talked repeatedly of both.

“He was the only one I thought looked presidential,” said Linda Rutter of Derry. “He answered the questions, stayed calm and kind of looked like he could run the country.”

Mr. Kasich’s advisers know he will face questions on the right — Mr. Carney said he was polled at home by Kasich supporters, who were testing out some of the governor’s vulnerabilities — but the governor seems disinclined to back off his views.

Pressed by a voter in Derry about “amnesty for the illegals,” Mr. Kasich said of undocumented immigrants, “I think that a lot of these people who are here are some of the hardest working, God-fearing, family-oriented people you can ever meet.”

And he ended a brief conversation with reporters with an impassioned statement about his political orientation.


“Hopefully in the course of all this,” he said, “I’ll be able to change some of the thinking about what it means to be a conservative.”

For more information, go to:  www.beverlyhillsimmigrationlaw.com

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