The 2010 Midterm Elections

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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4 Responses

  1. Matthew says:

    1934 is not the only exception. In 2002 the GOP gained seats during the interim election when Bush was in office. Also in 1902.

  2. Gerard Magliocca says:

    Right about 2002 — my mistake. 1902 is a little more ambiguous since it was technically McKinley’s second term.

  3. Steven Lubet says:

    It’s not so clear about 2002, given that Bush did not exactly win the 2000 election outright. While it is true that 2002 was his first mid-term election while president, he had no coat tails in 2000 (when Republicans actually lost Senate seats), and thus there was no crop of vulnerable freshmen in Congress.

  4. Todd Klimson says:

    I agree with you. I believe you are pretty much right on. Republicans will gain a few seats but not control of congress. Incumbency return rate is historically well into the high 90th percentile no matter the sentiment. Most voters when going to the poll are inclined to be upset at Congress, but not “Their” Congressman. Republicans have got to go for the jugular in order to win. If you want a friend “buy a dog”.