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
Elizabeth
Warren is the long game for progressives, not Bernie Sanders.
Elizabeth
Warren is a lifelong Democrat. Bernie
Sanders is not. Elizabeth Warren has
spent her political career working with and promoting progressive (and other)
Democrats. Bernie Sanders has not. The process by which Democrats select presidential nominees does seem rigged against Bernie Sanders, but for the simple reason
that the system for selecting the next pope is rigged against people who convert to Catholicism only after the papal seat is vacated. One might note, in this respect, that the
process by which Democrats are selecting nominees for Congress does not seem
particularly rigged against progressives who identified as Democrats for
longer than forty-five minutes before declaring their candidacy. A fair case can be made that any
change Democrats make in their presidential nomination system might in the
future work against Elizabeth Warren and other progressive Democrats who have
formed extensive relationships with other Democrats during their lengthy
political lives. At the very least, we
ought to withhold judgment about whether the Democratic presidential nomination
system is rigged against progressive Democrats (i.e., John Kerry, Barack Obama,
who ran to the left of Hillary Clinton in 2008), until a lifelong more centrist
Democrat unfairly wrests the nomination from a lifelong more progressive
Democrat.
Having a Democrat in the White
House in the White House for the near future matters more than having a
progressive in the White House. The
difference between what President Clinton and what President Sanders might
accomplish from 2016 to 2020 with Republican control of the House of Representatives
(and probably the Senate) is likely to be minute. Their possible accomplishments pale in
comparison to what President Warren might do in 2020 or (assuming a two term
Clinton presidency) in 2024 with Democrats in control of the national
legislature. But imaging Democrats majorities
in both houses of Congress after Republicans gain control of all
three branches of the national government in 2016 is difficult. Republicans in
control of all national institutions will through gerrymandering, voting
suppression and floods of money in the political process create a constitutional order in which Democrats are reduced to a permanent minority (even if, owing to demographic changes, Democrats are a
popular majority). On the bright side,
complaints about gridlock, the lack of constitutional change of any sort, and
constitution dysfunction will be considerably muted in this new political
universe which progressives have in their power to bring about by sitting on their hands this November
Playing
the long game means working harder to make Elizabeth Warren or a Democratic of
similar progressive values the heir apparent than fighting to the death of the
Democratic Party for Bernie Sanders.
This means the fundamental goal of the forces behind Sanders (and
progressives supporting Clinton) is to make sure Warren gives the keynote at
the convention (the speech of the heir apparent) and progressives are given
major primetime roles more generally. Having Warren and people like Secretary of Labor Tom Perez (brilliant speech at Maryland Law graduation this week) become the face of the Democratic Party's future will do more over time to reduce inequality in the United States than harping on the presumptive Democratic nominee's warts (which pale when compared to the cancer Republicans have chosen to nominate).
Progressive
politics is a marathon, much as Bernie Sanders would like to turn the next month
or so into a sprint.