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
Since I believe that you have to be accountable for what you write, let me just say that I was totally wrong about the election. I think I shall refrain from making political predictions from now on and stick to what I actually know something about.
Don't feel so bad. I, a Trump supporter, was also expecting him to lose.
It's the pollsters who really have some explaining to do. Don't buy it when they claim sampling error. They were seriously wrong about something important.
Now, will all the celebrities who said they'd flee the country if this happened please make good on that promise?
A mistake often made is for people to pay any attention to national polls. What matters is state by state, and the day before the election RCP averages there had Trump with a no toss up tally of 241 with Clinton having FL but trending down.
Back in the debates you might recall that I said that Trump did a really good job in pushing the trade issue and targeting the message to MidWestern states like Ohio, Pennsylvania and Michigan, areas really impacted by that issue. Trade was the perfect wedge issue-it was lying around just waiting for a GOP candidate bold enough to shrug off the party's free trade orthodoxy and use it. Trump did.
There were plenty of us saying that Ginsburg should have retired after the 2012 election. It's ironic indeed that there's a very good chance, based on her life expectancy, that her legacy now will be the reversal of Roe v. Wade. Among many other bad things.
A "told you so" to a woman who spent her whole professional life advancing the interests in this country. This is one of the first things put out there.
She's thinking, maybe as she prepares for this morning's oral argument, that she has to be healthy for at least another four years.
Anyway, prediction-wise wrong, but you were right to be Never Trump. Let's see how those who were not and those who were act in Congress.
A "told you so" to a woman who spent her whole professional life advancing the interests in this country. This is one of the first things put out there.
In 2012 she put her own personal interests over those of the country.
Or, at least let the first stones not be for her. A person who worked all her professional life to advance the good of this country. Part of that life was decades in federal courts where "for good behavior" is the test in part to further a system in which such political sentiments will be lessened.
So many others "put their own personal interests over those of the country" and did less to serve its interests. So, no, RBG is not the person I'm going to tell "I told you so" today, in part since it's punching her when she's already down.
Every Trump voter put his or her own interests above those of the country. So did lots of R office holders like McConnell and Ryan. They deserve even more criticism than RBG. But the fact that others did worse doesn't absolve her; that sets the bar much too low.
We need to recognize the ones who really stood up: both Obamas, for example. Journalists like David Farenthold and Daniel Dale. R intellectuals like Dan Drezner, Max Boot, or Ana Navarro.
RBG did a lot of good in her life. Maybe she'll live long enough to avoid the worst effects of her decision not to retire. But if she doesn't, she has to bear the judgment for that.
I commend Gerard for confessing error and forswearing future political predictions. We should leave political predictions to the experts, who clearly have no idea what they are talking about either.
I look forward to this blog returning to the problem of executive overreach and the need for meaningful checks on presidential power. Jack and Sandy might want to review their impeachment materials just in case.
I appreciate Mark Tushnet's generous offer of surrender terms, but I am going to have to pass for the moment.
I think I shall refrain from making political predictions from now on and stick to what I actually know something about.
I honestly think a lot of people should follow this advice. There are way too many political scientists, pollsters, data driven journalists, and others who think they can do punditry. It turns out punditry is really hard, and all those people would apply their talents much better by describing what is happening rather than making predictions.