The election
This is difficult but
the election of Donald Trump will have such enormous impact on your careers in
the law that I think it’s important to discuss the election.
As you know I grew up in
Levittown, Long Island in a 100% white post-war suburb. I went to a Jesuit high school in
Brooklyn. When I graduated from Holy
Cross College in 1967 we were at war in Vietnam. I was opposed to the war. Like several classmates I joined the Peace
Corps - a people to people peace mission created by John F. Kennedy. I spent two years in India and learned a lot
about other cultures.
In 1970 I started law school at Rutgers, inspired by the civil rights movement and
courts’ role in expanding protections of people’s rights. For most of the past forty years those
principles have been on the defensive as
the expansiveness of the Warren era has been eroded. There have been some advances – the Orbergefell
same sex marriage decision being a notable one.
But now the prospect is for a Supreme Court that will be hostile to
rights claims for generations.
The unthinkable has happened -
Donald Trump lost the popular vote but won the political majority and will be
the President of the United States. One
of the most important principles of democracy is the orderly transfer of power
after an election conducted according to law.
This is a uniquely difficult moment in my life because so many of the themes
of the Trump campaign violated norms of democratic behavior and ordinary
civility – toward neighbors (Mexico - they’re sending rapists, murders, and
probably some decent people), immigrants (build a wall), Muslims (bar Muslim
war refugees from entry), and African Americans whose lives are said to be so miserable that they “have nothing to lose”.
Such norm breaking abuse was directed
at a former first lady - two term United States Senator, and Secretary of State
Hillary Clinton. She was disparaged as
Crooked Hillary. Trump led crowds in
chants of Lock her up! He said on stage
in a national Presidential debate that if he is elected she “would be in jail”.
What is the proper response as
the defeated candidate? Act like it didn’t
happen, like Hillary Clinton. Be like
her.
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