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 am a member of the “Beat Trump and
his Minions” faction of the Democratic Party.
The “Beat Trump and his Minions”
faction is opposed to making non-negotiable demands of candidates who are
running against MAGA Republicans, which in this election means any Republican
(that Susan Collins is “concerned” does not count). To the extent we might have non-negotiable
demands, they concern matters on which we suspect all Democrats (and Independents)
agree. We think the United States should
be governed consistently with some notion of the public good and not for the
financial benefit of governing officials and billionaires, that democratic
government is better than autocratic rule, that Americans ought not to operate
institutions that bear too close a resemblance to concentration camps, that policy
should respect the findings of a united scientific community, etc. We are also certain that every candidate
running against MAGA Republicans endorses these positions, so need exist to
demand a pledge of allegiance.
"Beat Trump and his Minions" is also opposed to using a campaign to settle scores or score points against other persons who might be induced to cast ballots against MAGA Republicans. Democratic unity events are good things. Candidates with grudges against other Democrats should attempt to take the last piece of chocolate cake at such events, but should otherwise make welcome all who oppose the corruption, the bigotry, the autocratic tendencies, and anti-science commitments of Trump and his minions.
Many persons who identify with the “Beat
Trump and his Minions” have strong opinions on such matters as Democratic
Socialism, the rights of transgendered persons, Israel, the Ukraine, gun control,
and other matters. Sometimes we
acknowledge that persons who disagree with us have a reasonable basis for their
opinions. Sometimes we do not. We nevertheless think 2026 is not the time to
hash out these differences. The goal in
2026 is to neuter to the extent feasible a regime that operates solely for the
financial benefit of a few governing officials and billionaires, is rapidly moving
towards a competitive autocracy, fashions barbaric institutions when
implementing unjust policies, and threatens lives in the singular and in the
millions by an utter disregard for science when science clashes with perceived
political interest. We think that every time we issue a non-negotiable based on
our strongly held and reasoned opinions, say, in my case, that the candidate
must oppose capital punishment, we license someone else to declare they will
leave their ballot blank or vote for the Republican unless the candidate in
question acts on what they believe (perhaps erroneously) to be their strongly
held and reasoned opinions, say, that certain murderers deserve to be executed.
“Beat Trump and his Minions” takes seriously
the political science adage that political parties and movements are often
coalition of enemies. We unite with
Stalin to defeat Hitler, because in the circumstances of the times, Hitler is a
greater threat to all we hold dear than Stalin.
There will be time after victory to hash out our differences on a great
many important matters. Now is not that
time.