Analysis and Commentary Posted in 2026-08
Trump’s Arresting State

Amherst professor Austin Sarat discusses the Trump administration’s expanding use of arrest threats and criminal prosecutions against state and local officials to enforce federal immigration and election policies. Professor Sarat argues that this strategy marks a dangerous shift toward autocracy, weaponizing federal law enforcement to intimidate political opponents and coerce compliance when judicial avenues fail.

Transgender Military Ban Updates, Part II: Judicial Deference, Irreparable Harm, and the Record to Come

Illinois Law professors Lesley M. Wexler and Tony Ghiotto discuss the D.C. Circuit's Talbott ruling on the transgender military ban, covering judicial deference standards, the harsh reality of ongoing separation proceedings, weak reinstatement precedent from the COVID-19 vaccine mandate reversal, and the new testosterone-screening policy’s effect on the litigation. Professors Wexler and Ghiotto argue the ruling risks giving the Administration a roadmap to shield future exclusionary policies from real scrutiny, and that even a future reversal of the ban is unlikely to make separated servicemembers whole.

Idaho Lawsuit Calls Attention to the Capriciousness of Execution Protocols

Amherst professor Austin Sarat discusses a lawsuit by two Idaho death row inmates challenging the secretive, unexplained process behind the state’s newly adopted execution protocol, which grants officials broad discretion to deviate from procedures at will. Professor Sarat argues that such vague protocols undermine accountability when executions go wrong, and urges Idaho courts to resist the troubling trend of relaxing administrative law norms whenever the death penalty is at stake.

Advice About AI for New Law Students

Cornell Law professor Michael C. Dorf discusses how incoming law students should approach AI use in law school, addressing academic integrity, exam and classroom policies, the Socratic method, and AI’s proper role in legal research and practice. Professor Dorf advises that students should follow institutional AI rules to avoid cheating classmates and clients, avoid using chatbots to shortcut genuine engagement with course material, rigorously verify any AI-generated legal research, and extend patience to instructors who are also adapting to unprecedented technological change.

A Tale of Two Strikes: Comparing Obama and Trump’s Responses to U.S.-Caused Civilian Harm— Part II: Divergence

In this second of a series of columns, Illinois Law professor Lesley M. Wexler discusses the differences between the Obama administration’s response to the 2015 Kunduz trauma center strike and the Trump administration’s response to the 2025 Minab school strike in Iran, examining operational tempo, the role of AI in targeting, the prevailing military legal culture, and accountability practices. Professor Wexler argues that while Obama’s administration moved relatively quickly to acknowledge responsibility, apologize, provide redress, and implement reforms to prevent recurrence, the Trump administration has been far less transparent and forthcoming—failing to clearly acknowledge U.S. fault, offer apologies, or announce concrete measures to prevent future civilian harm, and is instead dismantling prior civilian protection infrastructure.

Trump Wants America to be More Like Iran When It Comes to the Death Penalty

Amherst professor Austin Sarat discusses the parallels between Iran’s aggressive use of capital punishment—including record execution numbers, hangings, and executions for drug offenses—and President Trump’s own enthusiasm for expanding and intensifying the death penalty in the United States. Professor Sarat argues that Trump’s fixation on capital punishment reflects an authoritarian impulse akin to Iran’s use of executions as a tool of control and intimidation, and warns that while global trends favor abolition, the U.S. under Trump risks moving in the opposite, regressive direction.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram Amar is the Daniel J. Dykstra Endowed Chair and Distinguished Professor of Law at the King... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a Senior Research Fellow at the Institute... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a civil rights lawyer and a Professor of Government at Cornell University. He... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more