Constitutionalism After Trump Part Two

We continue our speculation about constitutionalism after Trump (after some mundane observations about the 2025 elections), by broadening our lens to include some thoughts about what progressives might do to present appealing visions of an egalitarian and multicultural society that’s part of our heritage. We disagree a bit about the level at which the conversation should be pitched and then turn to some suggestions about “principled compromises” that progressives could offer to appeal to some people who at present find MAGA-ism the best thing available to them. The compromises deal with public support for education in religiously affiliated schools and some aspects of trans rights. We disagree about what the proposed compromises, with Tushnet arguing that they either don’t give MAGA supporters anything they can’t get from the Supreme Court or mistakenly treat issues as serious policy proposals when they are, in the jargon, performative. We don’t resolve our disagreements but promise to come back to them later!