Articles Posted in Politics

UNLV Boyd School of Law professor Leslie C. Griffin discusses the concept of “cafeteria Catholicism,” where some Catholic politicians, such as President Joe Biden, follow certain elements of their faith while diverging from church teachings on other issues, such as, in Biden’s case, abortion rights, LGBTQ+ equality, and contraception. Professor Griffin argues that cafeteria Catholicism is a good thing, as it allows Catholic politicians to govern based on a pluralistic consensus that protects everyone’s rights and freedoms, rather than imposing specific Catholic doctrines on the entire population.

Amherst professor Austin Sarat discusses the role of nostalgia in the 2024 U.S. presidential campaign, focusing on how Donald Trump and Joe Biden are framing the contest around voters’ recollections of the past. Professor Sarat argues that while Biden wants voters to remember Trump’s poor handling of the early COVID-19 pandemic in March 2020, Trump benefits more from nostalgia as voters tend to remember the pre-pandemic economy positively, suggesting that, to prevail, Biden must shift focus to his vision for the future.

Amherst professor Austin Sarat discusses Donald Trump’s long history of making false claims about election fraud and his current warnings about the 2024 presidential election being rigged. Professor Sarat argues that Trump’s baseless allegations are damaging democracy, sowing distrust in the electoral process, and setting the stage for potential unrest if he loses in November.

Cornell Law professor Michael C. Dorf discusses the Supreme Court’s handling of the Texas v. United States case involving a controversial Texas immigration law, using it as an example of the broader issue of increased polarization and chaos in the federal court system due to the courts’ expanding “shadow docket.” Professor Dorf argues that while both political parties bear some responsibility for this polarization, Republicans have moved much further from centrism, contributing more to the acute political divide that has spread to the courts and is exemplified by the Texas Republicans’ extreme stance on immigration in this case.

Law professor and economist Neil H. Buchanan discusses the conventional wisdom that delays in Donald Trump’s legal cases benefit him politically, as Trump hopes to win the 2024 election before facing legal consequences. However, Professor Buchanan argues that these delays actually help President Joe Biden and the Democrats, and that convictions prior to the election would not significantly harm Trump’s political chances, making the delays the best realistic outcome for those who oppose Trump.

Amherst professor Austin Sarat criticizes the ageism evident in special counsel Robert Hur’s report on Joe Biden's handling of classified documents, highlighting its undue focus on the President’s age-related memory issues as irrelevant and prejudicial. Professor Sarat argues that such ageism, while pervasive and often ignored, undermines the valuable contributions of older individuals, emphasizing the importance of experience over age-related cognitive decline.

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, argues that the U.S. Supreme Court should uphold the decisions of the Colorado and Maine courts that disqualified Donald Trump from running for President under Section 3 of the 14th Amendment based on his role in the January 6, 2021 attack on the U.S. Capitol. Mr. Falvy identifies several ways that the Court could rationalize putting Trump back on the ballot and explains the legal and consequential problems with each. In particular, Mr. Falvy criticizes the superficially appealing “let the people decide” line of thought, pointing out that it is actually highly undemocratic and dangerous; indeed, such dictators as Louis-Napoléon Bonaparte in France, Adolf Hitler in Germany, and Hugo Chavez in Venezuela, each launched a failed coup d’état, endured a short stint in jail, and returned to win power through elections.

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, examines the constitutional and political implications of a Colorado Supreme Court ruling that disqualified Donald Trump from running for president in 2024, based on his involvement in the January 6, 2021 attack on the U.S. Capitol. Mr. Falvy discusses the legal and factual issues that the U.S. Supreme Court will have to resolve in the case, and the potential impact of its decision on the country's future.

Cornell Law professor Michael C. Dorf discusses Republicans’ political manipulation of the impeachment process, particularly in the context of Donald Trump’s flawed immunity claims and House Republicans’ baseless impeachment investigations against President Joe Biden and Homeland Security Secretary Alejandro Mayorkas. Professor Dorf emphasizes that impeachment should be grounded in actual high crimes and misdemeanors, not political disagreements or policy choices.

Amherst professor Austin Sarat argues that in Tuesday’s oral argument before the U.S. Court of Appeals for the D.C. Circuit, Donald Trump’s lawyer, John Sauer, contorted the Constitution’s language to claim presidents have absolute immunity from criminal prosecution for official acts, despite Trump’s impeachment lawyers previously stating presidents could face prosecution once leaving office. Professor Sarat points out that the appeals court judges appeared unconvinced by Sauer’s arguments, questioning how his broad immunity claim aligns with constitutional checks on presidential power.

Amherst professor Austin Sarat discusses how Special Counsel Jack Smith’s recent filing regarding Donald Trump’s claim of presidential immunity is grounded in arguments previously made by Republican Senator Mitch McConnell. McConnell, on the Senate floor in 2021, recognized Trump’s moral and practical responsibility for the January 6 events, pointed out that impeachment is not the only avenue for accountability, and acknowledged that Trump, as a private citizen, could be subject to criminal and civil litigation for his actions while in office.

In this second of a series of columns, UC Davis Law professor Vikram David Amar responds to arguments against disqualifying Donald Trump from presidential election ballots under Section 3 of the Fourteenth Amendment, focusing on Ross Douthat’s assertion in a New York Times essay that such disqualification is antidemocratic. Professor Amar argues that enforcing constitutional provisions, including Section 3, is not antidemocratic as it reflects the will of the people, and he emphasizes that the real question is whether the requirements of Section 3 have been met in Trump’s case.

Cornell Law professor Michael C. Dorf points out that the U.S. Supreme Court faces critical decisions in two cases involving former President Donald Trump: one regarding his claim of absolute immunity against charges for his role in attempting to overturn the 2020 election, and the other concerning his eligibility for the Presidency under Section 3 of the Fourteenth Amendment. Professor Dorf argues that despite Trump’s legal team arguing for more time due to the complexity of the immunity case, the Court should expedite its review in both cases, given the urgency of presidential primaries and the weak nature of Trump’s claims, especially against the well-founded argument that he is ineligible under the Fourteenth Amendment due to insurrectionist activities.

Amherst professor Austin Sarat observes that in the United States, democracy faces assaults from MAGA extremists led by Donald Trump and, to a lesser extent, the illiberalism of the extreme left, with a notable shift in attitudes among young people who are less attached to democracy compared to older generations. Professor Sarat argues that the deepening political divide, along with the disillusionment of young people with democracy’s perceived failures in addressing issues like social justice and racial equality, poses a significant threat to the future of democratic governance in the country.

Amherst professor Austin Sarat discusses former President Donald Trump’s expansive interpretation of presidential power, particularly his claim of immunity from criminal prosecution and civil liability for actions taken while in office. Trump’s views, which have been rejected by lower courts, are seen as an extreme version of the “Imperial Presidency” concept warned about by historian Arthur Schlesinger. Professor Sarat argues that courts should expedite and reject Trump’s appeals on these grounds, as granting such sweeping immunity claims would be disastrous for American democracy and the rule of law.

University of Pennsylvania professor Marci A. Hamilton argues that the United States faces two significant threats: Donald Trump, whom she describes as a fascist with dictatorial aspirations, and a right-wing evangelical-fundamentalist Catholic axis intent on a theocratic takeover, both of which undermine democracy and civil rights. Professor Hamilton emphasizes that these threats are bolstered by historical distortions and a disregard for the Constitution, yet she expresses hope in the public’s rejection of this authoritarianism, as evidenced by reactions to the Dobbs v. Jackson Women’s Health Organization decision and the preservation of abortion rights in conservative states.

Amherst professor Austin Sarat argues that former President Donald Trump’s approach in his legal battles mirrors the tactics used by the defendants in the Chicago Seven trial, aiming to turn his trials into political theater and mock the legal process. Professor Sarat argues that Trump’s behavior, including his motion to televise proceedings and accusations against the legal system, are his attempt to subvert judicial proceedings and portray himself as a victim of political persecution, similar to the disruptive and publicity-focused strategies of the Chicago Seven.

Former federal prosecutor Dennis Aftergut argues that mainstream media’s failure to cover certain substantive news stories, such as local election results and their implications, can lead to a lack of awareness about issues that significantly affect the future of democracy. Mr. Aftergut encourages citizens to influence media coverage by voicing their desire for real news through letters to editors and social media, thereby contributing to a more informed public discourse.

Former federal prosecutor Dennis Aftergut argues that former President Trump’s courtroom behavior in the civil fraud case in New York, marked by attacks on judicial figures and the legal process, indicates his anticipation of a lost case and a strategy focused on delay through appeals and political posturing to his base. Furthermore, Mr. Aftergut suggests that Trump’s tactics on the stand, which include deflecting blame and refusing to answer questions directly, aim to serve his political narrative rather than address the substantive legal claims against him.

Amherst professor Austin Sarat comments on recent polls suggesting a competitive potential election between former President Trump and current President Biden, with Trump leading in several key battleground states. Professor Sarat warns of the risk to American democracy, suggesting that President Biden needs to effectively counteract former President Trump’s narrative to emerge as the genuine defender of democratic values.