Articles Posted in Politics

Law professor and economist Neil H. Buchanan discusses the potential outcomes of the 2024 U.S. presidential election, focusing on Joe Biden’s performance in a recent “non-debate” event and the broader implications for the Democratic Party and American democracy. Professor Buchanan argues that even if Biden is replaced as the Democratic nominee, Republican efforts to manipulate the electoral system and a heavily biased Supreme Court make a Trump presidency likely regardless of the election results, but he emphasizes that Democrats should still strive to win legitimately to strengthen future resistance against autocratic rule.

Amherst professor Austin Sarat discusses the recent U.S. Supreme Court decision granting presidential immunity from prosecution for official acts and proposes a constitutional amendment as a response. Professor Sarat argues that pursuing a constitutional amendment to overturn this decision is the best way to engage the American people in defending democracy, reaffirming commitment to constitutional governance, and resisting judicial supremacy.

University of Pennsylvania professor Marci A. Hamilton examines the current U.S. presidential candidates, Donald Trump and Joe Biden, through the lens of the Founding Fathers’ constitutional principles and concerns about tyranny and abuse of power. Professor Hamilton argues that neither candidate is suitable for the presidency based on the Framers’ ideals, with Biden potentially leading to an ineffective government due to age-related issues and Trump posing a threat to democracy through his authoritarian tendencies, ultimately suggesting that voters should reject both options.

Amherst professor Austin Sarat discusses the current state of political violence in the United States, focusing on recent polls, statements from political leaders, and the impact on public officials. Professor Sarat argues that there is an alarming asymmetry in the acceptance of political violence, with MAGA Republicans more likely to endorse it; he calls for addressing this issue through education, electoral efforts, and legal accountability, while urging presidential debate moderators to question candidates on this critical topic.

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone examine the current term of the U.S. Supreme Court, addressing common criticisms that the Court has become a partisan, far-right institution aggressively pushing a conservative agenda. Professors Amar and Mazzone argue that, contrary to these criticisms, the Court’s decisions in the 2023-24 term have not been consistently conservative or partisan, and that many of the high-profile cases were essentially thrust upon the Court rather than actively sought out, suggesting a more nuanced and less ideologically driven approach than critics claim.

Amherst professor Austin Sarat discusses the shifting sentiments of independent voters in the 2024 U.S. presidential race, examining recent polls, historical trends, and potential influencing factors such as upcoming Supreme Court decisions. Professor Sarat suggests that independent voters could play a crucial role in determining the election outcome, with recent polls showing a swing towards Biden, while also noting that the views of these voters remain malleable and could be significantly affected by future events, particularly Supreme Court rulings on key issues.

Amherst professor Austin Sarat examines how President Joe Biden has handled his son Hunter Biden’s legal troubles and what it reveals about the President’s character. Professor Sarat argues that throughout Hunter’s struggles, Joe Biden has demonstrated unfailing loyalty, love, and self-restraint—important character traits for a leader—and that voters can be assured of the President’s strong character based on how he has responded to this challenging situation.

Amherst professor Austin Sarat discusses the potential threat to the U.S. Constitution and rule of law posed by a second Trump presidency, as indicated by the statements and plans of Trump and his allies. Professor Sarat argues that defenders of democracy must take seriously what Trump’s advisors are saying about their intentions to radically transform the constitutional order, and be prepared to resist their efforts to subvert long-established legal norms and principles.

Criminal defense attorney Jon May discusses the oral argument the U.S. Supreme Court heard on April 25, 2024, regarding Donald Trump’s argument that the “January 6” case against him should be barred by presidential immunity. Mr. May argues that while some Justices are concerned about the implications of limiting presidential immunity, Justice Barrett’s approach of distinguishing between official acts done in the national interest and the misuse of presidential power for personal gain is a workable solution that would allow the prosecution of Trump’s actions on January 6 without negatively impacting future presidents making difficult decisions.

Amherst professor Austin Sarat discusses the reactions of former President Trump and his allies to his conviction in the New York hush money trial, including their claims that the prosecutions against him are politically motivated and their threats to retaliate with prosecutions against Democrats if Trump is re-elected. Professor Sarat argues that these false allegations and threats represent a dangerous escalation in the MAGA campaign to discredit the rule of law and turn criminal prosecution into a tool of political combat, which would undermine fundamental freedoms and allow future presidents to target individuals based on their political views rather than actual crimes committed.

Amherst professor Austin Sarat discusses the potential outcomes and implications of the jury’s verdict in Donald Trump’s hush money and election interference trial in New York. Professor Sarat argues that regardless of the verdict, Trump has been more effective than his critics in shaping public opinion about the trial’s fairness, which may have significant consequences for the 2024 presidential election and beyond.

Amherst professor Austin Sarat discusses former President Donald Trump’s recent attacks on the legal system and Congress, highlighting how his rhetoric exploits and exacerbates the American public's growing mistrust and disillusionment with these institutions. Professor Sarat argues that even if Trump is defeated in the upcoming election, the U.S. must address the underlying issues causing this vulnerability in order to restore public confidence and ensure the survival of American democracy in the face of Trumpism.

Amherst professor Austin Sarat discusses the increasingly partisan and unethical behavior of the conservative majority on the U.S. Supreme Court, providing examples of actions by Justices Samuel Alito and Clarence Thomas that he argues undermine public trust in the institution. Professor Sarat contends that progressives in Congress need to take more aggressive action, beyond speeches and task forces, to hold the Court accountable and rein in rogue behavior, suggesting they use their oversight powers to subpoena justices and potentially reduce the Court’s budget.

Cornell Law professor Michael C. Dorf discusses Republican politicians, particularly Kristi Noem, and their involvement in controversial incidents related to animal cruelty. Professor Dorf argues that while the outrage directed at these politicians for their mistreatment of individual animals is justified, it is hypocritical for most people to condemn these actions while continuing to participate in a food system that causes immense suffering to billions of animals.

Amherst professor Austin Sarat discusses House Speaker Mike Johnson’s recent visit to Columbia University, which Professor Sarat argues is part of a broader right-wing attack on universities, particularly those with elite reputations. Professor Sarat explains that Johnson’s visit, which called for the resignation of Columbia’s president due to alleged antisemitism on campus, was a politically motivated stunt designed to appeal to MAGA Republicans, and that universities must band together to defend their independence against such outside political interference.

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.