Thursday, January 22, 2026

"Candidates vying for the Democratic presidential nomination will face a Herculean task but also an enviable opportunity"


It is no secret that a group of Democrats have their eyes on a 2028 presidential run. The many capable governors (e.g., JB Pritzker of Illinois, Gavin Newsom of California, Andy Beshear of Kentucky) are obvious contenders. But, just as no one had paid much attention to Bill Clinton, Jimmy Carter, or Barack Obama two-plus years prior to their successful presidential runs, there are contenders not presently on anyone’s radar screen who may vie for the nomination.

Whatever their name ID, 2028 contenders should spend their time wisely. That will require more than merely speaking out against the mad wannabe king’s domestic and international outrages or preparing (as Obama and Zohran Mamdani did) to viscerally engage the public, create a volunteer army, and activate people previously never political. Rather, 2028 hopefuls should start refining their vision if they want to run credible campaigns. Several big challenges deserve serious, extended reflection before announcing.

What to do about accountability: The failure to prosecute Trump criminally in time to avert his return to power does not mean Democrats must ignore the trail of corruption, constitutional outrages, and rank illegality he will leave behind. The 2028 contenders should start thinking now about how they want to handle Trump and his cohort of lawless democracy vandals.

Options from criminal to civil liability (including recovering ill-gotten gains) to court martial to disbarment should be on the table. But candidates should not get bogged down in prescribing the prosecutions and penalties to pursue against specific MAGA offenders. 

Pledging to engage a special prosecutor or series of prosecutors, tasking inspectors general with full reviews, and empaneling an esteemed commission of historians, lawyers, and former government officials to create an official account of the Trump-era outrages would be preferable (and not prejudge prosecutions). Thinking now about that serious challenge would help clear the decks for candidates’ campaign messages and governing agendas.

What to do about democracy: Running to “restore” democracy is the wrong approach. Trump has broken our Constitution and shown its fault lines. Considering a rebirth of (as Lincoln did at Gettysburg) or reinvention of democracy should occupy 2028 contenders’ time. With the aim of making our system more democratic/responsive and less captive to oligarchs, candidates might consider a game plan for each branch of government. (Fixation with the current filibuster as an excuse for not pursuing these items makes evident a refusal or lack of readiness to reinvent our democracy.)

The Supreme Court has disgraced itself and lost the public’s confidence. Nevertheless, institutional changes can repair it (e.g., expanding the court, setting term limits, installing an inspector general, instituting a mandatory ethics code, eliminating the shadow docket except in limited cases). The president, with help from Congress, can return the Court to its appropriate role to check the other branches and defend of our constitutional rights.

Candidates must also consider curbs on executive power — not a popular idea with presidents of either party. These can include (ideally, by legislation to make permanent) eliminating many “emergency powers,” limiting the Insurrection Action, putting teeth into both the Emoluments Clause and the Hatch Act, requiring financial disclosure for the president and vice president, abolishing recission authority, bolstering the independence of agencies (e.g., the NLRB, FTC), prohibiting political interference with the Justice Department, and strengthening the Freedom of Information Act.

The nominee will have to develop specific immigration policies but should not miss the opportunity to pledge wholesale reorganization/dismemberment of the Department of Homeland Security, which has bureaucratized the national security structure and created rogue, lawless immigration enforcements that have devolved into fascist street thugs. This should be a mainstream position. (Keep the Education Department, Dismantle DHS!)

The next president, aside from a policy agenda, will need to prepare massive democracy enhancement legislation. That can include updating/reinstituting the Voting Rights Act, setting up independent commissions to prevent gerrymandering and mid-decade redistricting, re-establishing workable causes of action (so-called Bivens cases) to hold federal officials liable for constitutional violations, imposing strict campaign finance rules (let a new Supreme Court revisit Citizens United), criminalizing phony elector schemes and other efforts to subvert elections, and granting statehood to D.C. The next president should not throw up his or her hands because of horrendous Roberts’ Court decisions. Pass the laws, litigate the cases, and push for a reformed court to overturn ill-conceived precedent.

What to do about foreign policy: One can only imagine what will remain of U.S. alliances and international stature in 2028. Contenders without extensive foreign policy experience should start traveling, studying, and planning for restoration of American leadership. Convincing allies ever to trust us and aggressors to ever respect us will be an uphill task but the 2028 nominee should be ready with an agenda that limits foreign adventurism, eschews imperialism, re-emphasizes international law, and repairs the post WWII world order. This will be a multi-decade process but has to begin somewhere. A good start: Immediately lifting any remaining Trump retaliatory and nonsensical tariffs, getting out of Venezuela, and recommitting to NATO.

What to do about oligarchy/concentration of wealth: American have never objected to getting rich. But they do object to billionaires getting wealthy at average Americans’ expense and using vast fortunes and outsized power to control government. Thinking through ways to empower workers and promote opportunity (e.g., subsidize childcare, remove barriers to unionization, increase minimum wage with a COLA) and devise an agenda for shared prosperity to appeal to a broad swath of Americans must be a high priority for 2028 contenders.

A good starting place would be Sen. Elizabeth Warren’s recent speech at the National Press Club calling that Democrats “acknowledge the economic failures of the current rigged system, aggressively challenge the status quo, and chart a clear path for big, structural change.” Warren is correct that there is no shortage of good ideas (universal childcare, tough anti-trust enforcement, crackdown on corruption, a fair taxation system, etc.). And while each contender will have specific proposals, the eventual nominee will need to convey their determination, as Warren put it, to “build an economy for everyone.”

Democratic candidates should embrace Americans’ ambition to get ahead and not be shy about celebrating the benefits of a well-regulated market economy. However, they must commit to ending the kind of predatory, crony capitalism that has made it harder and harder for average people to attain the American dream.

In short, “Democrats need to earn trust — long-term, durable trust — across the electorate,” as Warren put it. Trust, in this case, means demonstrating that they “actually understand what’s broken and … have the courage to fix it — even when that means taking on the wealthy and well-connected.”

Bottom Line: Candidates vying for the Democratic presidential nomination will face a Herculean task but also an enviable opportunity. To be ready, they need to prepare now and start accumulating a brain trust to help them think through not only an election but a path to a renaissance of democracy.


-Jennifer Rubin, The Contrarian is reader-supported. To receive new posts, enable our work, help with litigation efforts, and keep the opposition movement motivated and engaged into 2026, please join the fight as a free or paid subscriber.

 (Illustration Credit: Vitalii Abakumov) 


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