E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
I think that Jack's posting immediately below is typically insightful about the dynamics of American politics. But it contains the equivalent of a ticking time bomb with regard to what the Democrats actually do when regaining power. Begin with two years ago: With regard to the war (and not, say, appointments to the Supreme Court or changes in administrative regulations involving environmental poicy), how many of you are really and truly sorry that John Kerry did not become President? Does anyone amongf us believe that the man who had no coherent policy on Iraq throughout his campaign would have so mesmerized the country upon taking the oath of office (as a minority president, relative to the popular vote, if his victory had been achieved by a switch of 75000 votes in Ohio) that he would have avoided being flayed by the same Republicans who are busy trying to figure out what to do with their own loser President? Wouldn't we have heard a steady diet of how the Repubicans would never have forced us into the position of a completely ignominious retreat, etc., etc.? Wouldn't Kerry be doomed to be a one-term president (possibly facing a primary challenger)?
This is why I continue to believe that Iraq is far, far more serious and catastrophic even than Vietnam, though, recall, that the death rate for Americans has been far less (in part because so many people are surviving a seriously wounded and maimed, with huge costs to the American economy and psyche in the next decades). The reason is, as I have argued earlier, is that one could coherently, albeit controversially, argue that we "deserved" to lose that war and that the world would be better, overall, if we did lose. Though there is obviously mixed evidence--think of the takeover of Cambodia by Pol Pot immediately after our withdrawal--one can argue that, overall, that's turned out to be the case. China is now being defended by Balkinization conservatives as a model of capitalist probity, thinking only of profit maximization, and Vietnam has recently been described in somewhat similar terms as a onrushing economic tiger.
No serious person can look forward to an American defeat in Iraq. It's one thing to label Bush and Rummy, correctly, as "losers" in the specific sense of being clueless as to how to proceed. It's another thing entirely to say that the American public is ready to accept a stunning loss in Iraq, with potentially devastating consequences for the region and the world (including, who knows, the use of oil as a weapon by regimes that are less neo-capitalist than China is now purported to be).
If the Democrats do take power, and if they hope to take the presidency, then they will have to come up with a coherent policy on how to explain the loss of the Iraq--and, possibly, the Afghan--War. I don't know that the public will settle for a "simply blame Republican incompetence" strategy if that is used to justify a Saigon-like hasty retreat from Baghdad. I have not detected general acceptance by Democrats of Rep. Murtha's views. Some President is going to have to explain to Americans that many of their sons, daughters, mothers, fathers, best friends, etc., basically died in vain because of bi-partisan cowardice and incompetence. I wouldn't want to be the Democrat who is charged with offering the explanation.
Congrats on your victory last night if you are a Dem.
However, with power comes responsibility. It is easy to throw rocks when you are in the minority. Now your actions have serious consequences for the nation.
Our Islamic fascist enemies were very open about their desire for a Dem victory because they believe you will cut and run from Iraq because you cannot stand even the small number of casualties we suffered in Iraq and Afghanistan.
"Of course Americans should vote Democrat," Jihad Jaara, a senior member of the Al Aqsa Martyrs Brigades terror group and the infamous leader of the 2002 siege of Bethlehem's Church of the Nativity, told WND.
"This is why American Muslims will support the Democrats, because there is an atmosphere in America that encourages those who want to withdraw from Iraq. It is time that the American people support those who want to take them out of this Iraqi mud," said Jaara, speaking to WND from exile in Ireland, where he was sent as part of an internationally brokered deal that ended the church siege...
Terror leaders reject Nancy Pelosi's comments on Iraqi insurgency
Many Democratic politicians and some from the Republican Party have stated a withdrawal from Iraq would end the insurgency there.
In a recent interview with CBS's "60 Minutes," House Minority Leader Nancy Pelosi, stated, "The jihadists (are) in Iraq. But that doesn't mean we stay there. They'll stay there as long as we're there."
Pelosi would become House speaker if the Democrats win the majority of seats in next week's elections.
WND read Pelosi's remarks to the terror leaders, who unanimously rejected her contention an American withdrawal would end the insurgency.
Islamic Jihad's Saadi, laughing, stated, "There is no chance that the resistance will stop."
He said an American withdrawal from Iraq would "prove the resistance is the most important tool and that this tool works. The victory of the Iraqi revolution will mark an important step in the history of the region and in the attitude regarding the United States."
Jihad Jaara said an American withdrawal would "mark the beginning of the collapse of this tyrant empire (America)."
"Therefore, a victory in Iraq would be a greater defeat for America than in Vietnam."
I pray that the Dems will not prove the Islamic fascists right. The damage to our nation would be incalculable and the Dems will be rejected utterly for a generation.