Verdict

In this second part of a two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan examines recent Republican advice for Donald Trump to focus on “policy" rather than grievances in his presidential campaign. Professor Buchanan expands on the arguments he introduced in Part One, providing examples of Trump’s policy-free rhetoric and explaining why Republicans don’t actually want substantive policy discussions, as their specific policy positions are largely unpopular with voters.

In this two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan discusses recent Republican advice for Donald Trump to focus on policy rather than “culture wars” in his presidential campaign. Professor Buchanan argues that this advice is misguided because Republicans lack popular policy positions, and their call for Trump to “talk policy” actually means inflaming voters’ emotions on select issues like immigration and the economy without offering substantive solutions.

Criminal defense attorney Jon May describes how Donald Trump might govern if re-elected, focusing on his potential appointments to key positions like Attorney General and FBI Director. Mr. May argues that Trump would likely select officials who prioritize loyalty to him over adherence to the Constitution, potentially leading to the implementation of extreme policies and the investigation of Trump’s perceived enemies, which could significantly erode democratic norms and institutions.

Cornell Law professor Michael C. Dorf discusses the adoption of “expressive activity policies” by colleges and universities in response to recent campus protests, examining the legal and practical implications of such policies. Professor Dorf argues that it is a mistake for educational institutions to frame their regulations as targeting expressive activities specifically, suggesting instead that they should focus on content-neutral conduct regulations that apply equally to expressive and non-expressive activities.

Amherst professor Austin Sarat discusses the case of Richard Glossip, an Oklahoma death row inmate whose conviction has been challenged by the state’s attorney general, and the broader constitutional question of executing innocent people. Professor Sarat argues that the Supreme Court should use Glossip’s case to explicitly state that the Constitution forbids punishing innocent people, overturning previous jurisprudence that prioritized legal technicalities over justice.

In this two-part series of columns, Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines Chief Justice John Roberts’s leadership of the Supreme Court over multiple terms, focusing on his apparent dual objectives of balancing political attunement and advancing conservative ideology. In this second part, Professor Citron argues that Roberts re-established his control over the Court by successfully weakening the administrative state and expanding presidential immunity while simultaneously avoiding controversial decisions on gun rights and reproductive issues, ultimately demonstrating his ability to push a conservative agenda without incurring significant political backlash.

In this two-part series of columns, Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines Chief Justice John Roberts’s leadership of the Supreme Court over multiple terms, focusing on his apparent dual objectives of balancing political attunement and advancing conservative ideology. In this first part, Professor Citron highlights Roberts’s judicial statesmanship in the 2019-20 term, particularly in cases involving Trump administration subpoenas, and contrasts this with the 2021-22 term, where the Court’s conservative shift raised questions about Roberts' control, especially following the overturning of Roe v. Wade.

Kathryn Robb, National Director of the Children’s Justice Campaign at Enough Abuse, discusses Vice President Kamala Harris’s unusual mention of child sexual abuse during her Democratic National Convention speech and its broader implications for addressing this issue in America. Ms. Robb argues that while highlighting the problem is important, real change requires comprehensive action at all levels of society, including passing protective laws, implementing stricter policies in schools and youth organizations, and establishing federal initiatives to combat child sexual abuse and exploitation.

UC Davis Law professor Vikram David Amar analyzes a recent Eighth Circuit ruling on Missouri’s Second Amendment Preservation Act (SAPA), which seeks to protect gun rights by limiting state cooperation with federal firearm laws. Professor Amar argues that while parts of SAPA are unconstitutional, the Eighth Circuit’s reasoning is flawed, particularly in its assertion that a state cannot withdraw enforcement support for federal laws based on its belief that those laws are unconstitutional, and suggests that the case may warrant Supreme Court review.

Amherst professor Austin Sarat discusses a legal controversy in Nebraska regarding felony disenfranchisement, specifically focusing on a recent law allowing felons to vote immediately after completing their sentences and the state attorney general’s challenge to this law. Professor Sarat argues that the Nebraska Supreme Court should reject the attorney general’s contentions, allow the new law to stand, and permit former felons to vote, asserting that felony disenfranchisement is a vestige of a shameful historical era that should be consigned to the past.

Cornell Law professor Michael C. Dorf discusses a federal judge’s ruling that enjoins New York’s attorney general from enforcing state laws against crisis pregnancy centers promoting “abortion pill reversal” (APR) on First Amendment grounds. Professor Dorf argues that the ruling misunderstands the state’s interest in protecting citizens’ health and safety, asserting that the government should be able to regulate potentially false or dangerous medical claims even when they are made without commercial motive.

Amherst professor Austin Sarat discusses the unusual dynamics of the 2024 U.S. presidential campaign, particularly focusing on how Vice President Kamala Harris is positioning herself on crime and criminal justice issues. Professor Sarat argues that Harris faces a delicate balancing act of appearing tough on crime to counter Republican attacks while maintaining credibility on criminal justice reform, suggesting she should emphasize crime prevention and address root causes rather than simply adopting traditional “tough-on-crime” rhetoric.

UC Davis Law professors Vikram David Amar and Ashutosh Bhagwat analyze the antitrust lawsuit filed by X Corp. (formerly Twitter) against the World Federation of Advertisers and other corporations, examining potential legal barriers to the suit under antitrust law and the First Amendment. Professors Amar and Bhagwat argue that X’s lawsuit faces significant challenges, primarily because the alleged boycott likely falls under First Amendment protection similar to that granted in NAACP v. Claiborne Hardware, and because forcing advertisers to advertise on X would constitute compelled speech, which is generally prohibited under recent Supreme Court precedents.

Amherst professor Austin Sarat examines the current state and history of the death penalty in Midwestern states, particularly Kansas, Nebraska, and Wyoming. Professor Sarat argues that growing bipartisan opposition to capital punishment in these traditionally conservative states, based on concerns about costs, effectiveness, and potential wrongful executions, may contribute to a broader national movement toward abolishing the death penalty.

Amherst professor Austin Sarat discusses the upcoming sentencing of Donald Trump in New York and the challenges faced by Judge Juan Merchan in deciding when to hold the sentencing hearing and what punishment to impose. Professor Sarat argues that Judge Merchan’s decision requires both legal acumen and practical wisdom, as it could have significant political ramifications for the 2024 presidential election, regardless of whether the sentencing is delayed or proceeds as scheduled.

Amherst professor Austin Sarat discusses the use of life without parole (LWOP) sentences in the United States, examining upcoming state supreme court cases challenging these sentences and the historical role of death penalty abolitionists in promoting LWOP as an alternative to capital punishment. Professor Sarat argues that death penalty abolitionists should now reconsider their support for LWOP, recognizing it as another form of “death penalty” and joining efforts to scale back its use, especially given its disproportionate impact on young offenders and people of color.

Amherst professor Austin Sarat discusses recent proposals for Supreme Court reform in the United States, including term limits for Justices, ethics rules, and jurisdiction stripping. Professor Sarat argues that such reforms are justified and necessary in light of the Court’s current conservative majority and controversial decisions, emphasizing that court reform has historical precedent and should not be feared despite potential challenges.

Surgeon and bioethicist Charles E. Binkley discusses the ethical implications and potential harms of using artificial intelligence (AI) in healthcare decision-making, particularly focusing on informed consent and physician responsibility. Dr. Binkley argues that patients should be informed when AI is used in their care, and that healthcare providers have a duty not only to inform patients of potential risks but also to mitigate those risks, emphasizing that the use of AI does not absolve physicians of their responsibilities to patients.

Cornell Law professor Michael C. Dorf discusses recent court decisions blocking President Biden’s student debt forgiveness programs, including the Supreme Court’s invalidation of his initial plan and the Eighth Circuit’s ruling against the subsequent SAVE plan. Professor Dorf argues that these decisions reflect a broader assault on administrative power by Republican-appointed judges, leveraging doctrines like the major questions doctrine to hamstring effective regulation, and suggests that the Republican-packed judiciary, rather than the Biden administration, is the true culprit behind the failure of student debt relief efforts.

Amherst professor Austin Sarat discusses the case of Marcellus Williams, a death row inmate in Missouri, and the broader issue of false convictions in capital cases due to unreliable informant testimony. Professor Sarat argues that Williams’s case exemplifies the urgent need for reform in the use of informant testimony in criminal trials, proposing several measures to improve the reliability and transparency of such evidence in order to prevent miscarriages of justice.