Q&A: Law professor addresses Kamala Harris’s unprecedented presidential campaign

Professor Sonia Gipson Rankin is a Professor of Law at The University of New Mexico School of Law. Her work focuses on the legal and justice implications of new technologies like artificial intelligence, implicit bias, and criminal justice reform, as well as racial justice and Black community empowerment.

She has spoken with numerous media outlets about U.S. Vice President Kamala Harris's role in President Joe Biden's White House administration, as well as Harris's own 2020 and 2024 presidential campaigns.

Q: In such an unprecedented situation are there any legal concerns with having a democratic candidate that wasn't in the primaries?

So, there may be some legal challenges, but there are no legal concerns. The Democratic nominee will not be officially selected until the Democratic Convention later in August. There is nothing unlawful because though President Biden was the presumptive nominee, he was not yet the official nominee nor was he on any ballots before he said he was leaving the race. Each party decides how it would like to determine its nominee. The Democratic Party will be holding a virtual roll call starting August 1^st and Vice President Kamala Harris is running unopposed as no challenger met the thresholds required to challenge her. She received over 3,000 of the 4,000 pledged delegates. So, as of right now, we have not seen that there have been any legal concerns that might stop the process.

Q: Within just a few days of President Joe Biden announcing he will not run for re-election, Vice President Kamala Harris raised more than $100 million. Why do you think there has been so much energy around a new potential Democratic candidate??

A lot of the initial energy stems from the reason President Biden decided not to run for re-election. This is something that will be analyzed for years, if not decades. What kind of pressure led to President Biden stepping down? It seemed that this process wasn't driven by "the people" but was a strange conversation between the media and certain elite groups. When you talk to actual voters, many feel that something odd was happening here. After President Biden stepped down from the top of the ticket, it naturally led to the question of who should take his place. This sparked swift and significant momentum within the Black community. Within hours of President Biden's tweet announcing his decision, 44,000 Black women, including myself, joined a Zoom call and raised over $1 million in just three or four hours, all focused on the idea of Vice President Harris leading the Democratic ticket. The following day, thousands of Black men also gathered on a Zoom call and raised another million dollars. These were regular people who felt that something was amiss and took action.

Part of the reason the energy is moving so quickly is that, for the first time, we are truly hearing what the Black community thinks. Look back to President Biden's bid for the nomination in 2020: he lost state after state until he reached South Carolina, where there was a larger Black population. He won decisively there, and his entire trajectory changed. Every pundit said there was no hope until that point.

When discussions arose about President Biden stepping down, there were also murmurs about rewriting the entire ticket. I believe that a significant reason behind the support for Vice President Harris is the recognition that this process needed to reflect the people's interests. She's got a number of years of experience, and a lot of these factors are leading to a lot of this support.

Q: How does Harris's current presidential campaign differ from her campaign in 2020?

I think the person we have today before us, Vice President Harris, the candidate today, is different than Senator Harris, the candidate of yesteryear. The last time she ran for president, she was a U.S. senator from California with extensive experiences as the state's attorney general and a prosecutor. She had significant accomplishments for her state. Now, she has traveled to almost as many countries as President Biden, participated in numerous decision-making meetings with him, has been at the helm of various legislative initiatives, and has cast deciding votes in the Senate as the Vice President of United States. She has engaged in policy discussions with the president and been a vocal advocate in those crucial spaces. This is someone who understands how the inner workings of what it takes to be President of the United States.

Q: If Harris receives the Democratic nomination, what "firsts" would she be as a major party candidate?

There are several. At a minimum, she would be:

• First Black woman
• First East Indian American person
• First Southeast Asian person
• First Historically Black College or University graduate

Congresswoman Shirley Chisholm, the first Black woman to run for US President in 1972, passed away in 2005. Before she died, she shared her belief that within the next ten to twenty-five years, there would be a woman president. She predicted that this woman would likely serve as Vice President first. Secretary Hillary Clinton was the Democratic nominee in 2016, and Vice President Kamala Harris is a likely nominee for 2024. We are witnessing Chisholm's prediction unfold before our eyes..

Q: What campaign challenges will Harris face as a candidate representing many groups for the first time?

I think she's addressing two things. First, to be the first in many of these positions. But more critically, to ensure she is not the last, right? She wants people to see that not only they but also their children and grandchildren can have these opportunities. This is about showing that no matter your cultural background or religious practices, your journey is part of the American story, and you too can be part of its success and wellbeing.

There's a reason she can talk about recipes familiar in both the United States and India and navigate comfortably in various collegiate and cultural settings. Her story is part of the American story. She'll focus on the message: "I may not share your lived experience, but my role as president is to ensure you reach the goals you have for your family." The conversation will shift from her being the first to emphasizing that because she's in this space, she can help elevate others' paths and prospects in this country.

Q: If Harris receives the Democratic nomination, she will be the second woman to ever be nominated as a presidential candidate by a major U.S. political party. What campaign challenges does that present and what should voters watch for?

So many women in the United States and probably around the world have experienced the feeling that there is always something wrong with simply being themselves. You can stand in one place, and someone will say she's too tall, while another will say she's too short. One person will say she's too fat, and another will say she's too skinny. Some will say she's not smiling enough, and others will say she's smiling too much. All you can respond with is, "I haven't moved an inch. How can I be wrong in every single aspect of simply being me?"

What we're going to really watch happen is that there can be serious concerns about policy issues, but it's going to often be coupled and tied into her lived experience as a Black East Indian American woman in the United States who grew up in California and has stepchildren. We're going to see people attempting to link her policy ideas to her identity, which is already devolving into terrible statements about her intelligence and fitness to serve. It's crucial for everyone to be intentional about calling out these instances of anti-Blackness and anti-woman rhetoric as they occur, stopping them immediately every single time.

Q: We haven't had someone begin a major party Presidential campaign this late into the election season before. What challenges will Harris face making a bid for the democratic nomination and the presidency this late into the election year?

There will always be the complexity of how we introduce candidates to the American people. There are historical plans. There have long been rule books and the method of how one runs for president. Candidates are expected to attend a certain number of events in specific states at particular times of the year to be seen and heard. Small town meetings, house events, gatherings in particular spaces. There's not enough time to do those things.

We're not going to have the time to do some of those traditional campaign activities. Right now, there's a lot of groundwork and coalition-building that needs to happen. Now they will shift quickly from "Can this person motivate some?" to "Can these newly motivated people encourage others to go to the polls?" Though the election is in November, early voting starts weeks in advance. It's almost time for people to start casting their ballot.

. All of those things are going to have to happen right away. However, we are dealing with a skilled former prosecutor. This is an individual who not only got pretty complex legal training but has also learned what it means to be in a courtroom, to have to very succinctly explain their position to a jury of twelve people in the community, from all different types of backgrounds, to get a point across. Someone who is accustomed to working with judges understands the need to quickly change the conversation or present different points of evidence as required. They are always prepared to present their position, no matter the circumstances. This person has experience collaborating with opposing counsel to reach goals and make decisions. That is just in addition to all the other kind of skills she's developed. She's already trained on how to pivot, how to explain her point and how to do that in a time restricted manner.

Q: What else should voters keep in mind or anticipate as the presidential campaigns and election season continues to unfold?

One crucial aspect for people to consider is identifying where the Biden administration ends and where a Harris administration would begin. This distinction will be significant. We've already seen an example when she made a statement about the Israel-Palestine situation, showcasing a different stance from President Biden. So, she's starting to highlight these distinctions, indicating where she might have made different policy decisions and taken different approaches.

Another element to consider is reviewing her work experience. What were her accomplishments as a prosecutor, attorney general, senator, and vice president? She needs to highlight specific examples that demonstrate her thinking and how she will act for the people. Her campaign will be working diligently on this in the next two or three weeks. Additionally, we will learn a lot once her vice-presidential nominee is selected. This choice will indicate which parts of the country are in play, are which are not. We'll also need to watch for changes in polls and who gets contacted for them Even more critically, we must consider the impact that new voting restrictions across the country might have on voter turnout in the election.

Q: How will New Mexico be impacted by this election?

For us in New Mexico, we're going to be watching the entire election very carefully because of how closely tied we are to the federal government. Many aspects of New Mexico help fuel the federal government and vice versa. Whatever happens in D.C. will directly impact New Mexico, making this a very important election. You can expect to see the candidates making their way here this this coming fall.

Learn more about issues impacting the 2024 election directly from UNM faculty experts on elections.unm.edu.