UF Levin College of Law professor Neil H. Buchanan explains why, if the District of Columbia was recognized as a state, that recognition cannot later be reversed. Professor Buchanan argues that to reverse statehood would signal a slippery slope wherein Republicans would be empowered to go well beyond suppressing votes in swing states to instead removing statehood from regions with Democratic voters.

Steven D. Schwinn, a professor of law at the University of Illinois Chicago John Marshall Law School argues that the Supreme Court’s order last week effectively striking down the COVID-19 eviction moratorium issued by the Centers for Disease Control reflects the Court’s highly partisan approach to executive authority. Professor Schwinn points out that only partisanship can explain why Court upheld the Trump administration’s travel ban in Trump v. Hawaii and struck down the Biden administration’s eviction moratorium.

Amherst College professor Austin Sarat and former federal prosecutor Dennis Aftergut comment on an interview of Capitol Police Officer Michael Byrd regarding his role defending against the January 6 riot, and on Donald Trump’s response to Byrd. Professor Sarat and Mr. Aftergut argue that Byrd’s interview reminds us that the best way to deal with a bully who is himself a coward is to call his bluff.

UF Levin College of Law professor Neil H. Buchanan describes the United States today as a “dead democracy walking”—walking with mortal wounds but not yet dead. While stating that he is open to the possibility of being proven wrong, Professor Buchanan explains why believes that Trump and Republicans have corrupted the American political system beyond repair, and he notes that his subsequent writings and analysis will proceed from the assumption that democracy will soon be dead in this country.

Illinois Law dean Vikram David Amar and Michigan Law dean emeritus Evan Caminker continue their conversation with Berkeley Law professor Aaron Edlin and dean Erwin Chemerinsky about the constitutionality of California’s recall mechanism. Deans Amar and Caminker respond to critiques of their arguments and explain why they have grown even stronger in their belief that that equal protection challenges to the recall mechanism are misguided.

Elena J. Voss, associate general counsel at The Metropolitan Museum of Art, and NYU Law professor Samuel Estreicher, dissect an opinion by the Office of Legal Counsel that squarely answers in the negative the question whether the Emergency Use Authorization status of COVID-19 vaccines precludes public or private entities from mandating those vaccines. Ms. Voss and Professor Estreicher point out that while the OLC opinion is neither binding nor authoritative, it is well-reasoned and indicative of the Biden administration’s view on this topic and can provide some assurance to employers who wish to implement a vaccine mandate.

Cornell Law professor Sherry F. Colb explains why the view that hate crime legislation violates the freedom of speech is incorrect and has radical and undesirable logical implications. Professor Colb points out that speech in this context is used as a basis for inferring a person’s motive, and people generally agree that motive can be a relevant consideration in determining whether certain conduct is permissible.

In this third of a series of columns, Illinois Law dean Vikram David Amar and professor Jason Mazzone discuss a recent federal lawsuit b Republican minority leaders in both houses of the Illinois General Assembly, specifically focusing on recent developments in the litigation. Dean Amar and Professor Mazzone explain why they do not expect the Illinois Supreme Court to support doing anything but letting the revised district lines (if they be revised as they expect) go into effect.

Berkeley Law professor Aaron Edlin and dean Erwin Chemerinsky respond to arguments by Illinois Law dean Vikram David Amar and Michigan Law dean emeritus Evan Caminker regarding the constitutionality of California’s recall process for governor. Professor Edlin and Dean Chemerinsky first rebut the argument that California Supreme Court precedent determines the outcome in this case and then argue on the merits that California’s recall process attempts to do in two steps what is clearly unconstitutional to do in one; because the ballot is an election for who will be governor, the candidate with the most votes should be the one chosen.

Amherst professor Austin Sarat critiques the conclusion of a study by Rose Institute of State and Local Government at Claremont McKenna College suggesting that the American public widely supports the death penalty. Professor Sarat points out that the study’s “sensationalist” questions are likely to elicit responses based on expectations of what the interviewer wants, rather than what respondents would do given the responsibility of deciding real cases in which a real person’s life is at stake.

In honor of the fiftieth anniversary of the publication of E.L. Doctorow’s book The Book of Daniel, Touro Law professor Rodger D. Citron reflects on the novel inspired by the case of Julius and Ethel Rosenberg. Professor Citron explains why the book continues to be relevant today and argues that it not only illuminates the debate over the Rosenbergs case but also shows that the debate is important for understanding the 1960s and ensuing decades.

Cornell Law professor Michael C. Dorf considers the possible next steps for New York Governor Andrew Cuomo, who recently announced his intention to resign amid multiple sexual harassment allegations. Professor Dorf observes that due to the media’s and society’s quick forgive-and-forget mentality, many disgraced politicians and celebrities quickly reemerge in the spotlight, suggesting that we are living in a post-shame society; Cuomo is likely to do the same.

Illinois Law dean Vikram David Amar and Michigan Law dean emeritus Evan Caminker explain why critiques of California’s upcoming vote to recall Governor Gavin Newsom are erroneous. Deans Amar and Caminker describe several other mechanisms that effectively deny voters the opportunity to elect whomever they might want and point out that those mechanisms are very similar, and in some cases, more restrictive, than the recall vote mechanism.

Penn professor Marci A. Hamilton describes how New York and Pennsylvania differ in their approaches to protecting child victims. Professor Hamilton praises New York for taking substantial steps to protect abuse survivors, in sharp contrast to Pennsylvania, where the state legislature has repeatedly failed to take meaningful action to give survivors access to justice.

Cornell Law professor Sherry F. Colb reflects on what the resignation of New York Governor Andrew Cuomo means about the #MeToo movement. Professor Colb examines the structure of allegations of gendered misconduct, and she points out that the small number of men who victimize women tend to do it repeatedly unless and until someone puts a stop to it once and for all.

NYU Law professor Samuel Estreicher and appellate lawyers Rex Heinke and Jessica Weisel comment on a case the U.S. Supreme Court will hear next term that presents the question what role, if any, federal courts should play in facilitating discovery in foreign arbitrations. The authors argue that while the case seems to turn on a simple matter of statutory interpretation, the case may shed new light on how the current Court approaches traditional interpretive tools.

Illinois Law dean Vikram David Amar comments on a recent lawsuit by former Illinois governor Rod Blagojevich challenging the state legislature’s prohibition on his holding future state office. Dean Amar explains several reasons that the lawsuit is unlikely to succeed, including issues with the Eleventh Amendment, Article III standing, and justiciability.

Amherst College professor Austin Sarat and former federal prosecutor Dennis Aftergut explain what Fox News host Tucker Carlson really means when he praises Hungary and its dictator Viktor Orban. The authors point out that Carlson and many Trump loyalists in the Republican Party want, and seem ready to use violence to achieve, a radical undoing of America that redefines both what this country stands for and what it means to be an American citizen.

Cornell Law professor Sherry F. Colb explains why listening to people is a better way to persuade them to change their position on an issue than calling them out for inconsistency. Professor Colb navigates a hypothetical conversation to demonstrate how thoughtful attention and humility can be more convincing than arguing or attacking.

In light of the Presidential Commission holding hearings on Court expansion, Cornell Law professor Michael C. Dorf offers two reforms that build on the observations of others and his own experience. Professor Dorf suggests that the Court spread cases out over the entire year, rather than only between October and June/July, and that the Justices rotate the order of questioning from one argument to the next.