The Week After: Ten Observations Regarding the Election

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After almost a week, many people are in still in shock. I have friends complaining of depression and grief caused by both fear of the next four years (or more) but also a more general disbelief that so many people in our country would vote for Trump and what he represents. I think many Americans are looking at this country quite differently than before last Tuesday. In 2016, it was about Trump. Today it is more about us.

Here are a few serious, sarcastic, and quasi-humorous thoughts (I’m a law professor so I get to use the word quasi) about the election blended together. I think it’s fair to say the American left is mixed up right now and only time will help us heal and improve. I hope the way forward includes both a desperate sense of urgency and purpose as well as a commitment to civility and empathy.

1) No matter how hard it is, try to keep a sense of humor and perspective, and help others to do the same. A lot can change very quickly, as we just saw. 

The political does not have to be the personal.

2) Justice Ho will not be as bad or corrupt as Clarence Thomas.

But just by a smidge.

3) Podcasts are the new Walter Cronkite (look him up if you are under 40).

And we are likely not going back. 

Democrats, learn this.

4) People like democracy but they love celebrity more. That truth explains a lot of elections around the globe.

I knew Hillary wouldn’t win in 2016, which is why I advocated for The Rock or Dick Posner’s cat Pixie. The latter piece is still worth a few chuckles, which many of us need this week.

5) From the moment he walked down the gold staircase, Trump was playing a character, and he still is playing a character. There is no there there. He is completely inauthentic, and folks should act accordingly. 

Putin does.

6) It will be some time before we know the extent to which race and gender mattered to the 2024 electorate. Certainly much of Trump's messaging and advertising sought to demonize non-white immigrants and gender minorities. Of course, few voters will say they voted out of animus, and the economy undoubtedly really was  a key issue for millions. That's ironic because they typically cited inflation as their main concern despite the fact that it has come down to healthy levels and despite the fact that Trump's main policy proposal--greatly increased tariffs--would likely be inflationary.

Even so, perceptions of the economy are often front of mind to voters, who treat elections as a vote of confidence or no-confidence in the incumbent party.

The crazy thing is Presidents have much more capacity to affect race and gender than the economy.

Much more.

Keep your eyes on HHS.

7) Relatedly, Project 2025 will be all over the executive branch and the judiciary, making the lives of women, people of color, and LGBTQ folks much, much worse, including their economic lives.

8) If we have an election in 2028, Vance will lose and a Dem will win. 

Optimism!

9) Chief Justice Ho will be worse than Chief Justice Roberts.

But just by a smidge.

10) As I was literally writing the first draft of this post last week, this headline popped up from the NY Times:

 Stocks Set Records and Dollar Soars After Trump Election Win

I understand nothing. 

Okay, maybe one thing, the Court is not a court.

My best wishes to everyone to hang in there and maybe believe that it is always darkest before the dawn.