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
American politics is pervasively distorted, not just by
money, but by right wing money. Charles
Koch is a dangerous crank but a superb political organizer, and he is primarily
responsible for some of the most malign aspects of contemporary American
politics, notably the staggering federal deficit and the insistence on climate
change denial. There is no comparable
political force on the left. That’s why
Michael Bloomberg offered such promise.
It’s not pleasant for American politics thus to be at the mercy of
billionaires, but if that’s the way it has to be, then it would be good if they
could cancel each other out.
The potential lasting impact of Bloomberg was underlined
by his promise, when he hired his huge presidential campaign staff, that they
would all keep their jobs through November, whether or not he stayed in the
race.And that is why it is such big
political news that he has broken
that promise, laying
off staff in many places, notably Texas.
To see how stupidly self-destructive this move is, compare Americans for Prosperity,
the largest of the Koch lobbying organizations.In 2016 it had a staff of twelve hundred,
more than three times the staff of the Republican National Committee, with directors
in 34 states.(I don’t have more recent
data.)It routinely hires Republican
legislative and campaign operatives, who tend eventually to move back to
Republican posts, where they are likely to further Koch agendas.Thus the Koch network is increasingly and
pervasively intertwined with the Republican Party.Koch money has been used to finance primary
challenges to Republican officeholders who fail to support positions that the
party’s own voters reject: reduction or privatization of Social Security and
Medicare, massive tax cuts for the rich, elimination of public sector
collective bargaining rights, climate change denial.The consequence is a growing Republican
unanimity in favor of those positions.Americans
for Prosperity consistently focuses
on “promoting tax cuts, blocking and eliminating business regulations, opposing
the landmark health-reform law passed in 2010, pushing for reductions in
funding of (and, where possible, the privatization of) public education and
social welfare programs, and opposing state-level environmental initiatives and
any from the U.S. Environmental Protection Agency.”
Bloomberg could have created a comparable, countervailing
organization. In warfare, one often
copies the adversary’s most successful methods.Democrats before Bloomberg didn’t have the opportunity to do that, but
he made it possible.Now he has
nonchalantly thrown that opportunity away.Some have suggested
that he is likely
to remain a major player in American politics.In order to do that, though, he needs to do what Koch has done, and
build up a staff of experienced political operatives.Who will ever agree to work for him after
this?
An obvious recovery step would be, of course, to keep his
promises by rehiring all those people who have been bitterly complaining to the
press, with horror stories such as giving up one’s health insurance to join his
organization.(Can he really not afford
to do that?)But the coronavirus creates
another major opportunity for someone like him with basically unlimited
funds.(He is even richer than Koch.)
One of the biggest failures of the Trump administration
in dealing with coronavirus – and this is an extremely competitive category – is
its aggressive
promotion of false information about the danger.Trump and his partisan media are putting Americans
in mortal danger.It might be the worst
single thing he has done as president (another extremely competitive category).
If Bloomberg spent anything like what he expended on “Mike
will get it done” ads, he could saturate the airwaves and the internet with the
truthful information about the danger, and appropriate preventive steps, that
you won’t hear from Trump.And while he’s
at it he could also broadcast truthful information about the administration’s
shameful incompetence in preparing for the epidemic.That would make him a major player again, it
would seriously damage Trump, and it would save lives.What is he waiting for?