Articles Posted in Politics

Trump’s Nonsensical Letter to Congress Attacking the DOJ’s Mar-a-Lago Case Shows He Has No Defense
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Former federal prosecutor Dennis Aftergut comments on the 10-page letter from lawyers of former President Donald Trump to Rep. Mike Turner, chair of the House Intelligence Committee. Mr. Aftergut points out that Special Counsel Jack Smith has significant evidence that contradicts many of the claims in the letter, and the weakness of the letter suggests Trump has no viable defense against the likely obstruction charge.

How Should Universities Respond to Organized Right-Wing Trolling?
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In this second of a series of columns in response to a recent controversy at Stanford Law School, UF Levin College of Law professor Neil H. Buchanan considers how universities should respond to organized efforts to stir up politically useful controversy on campus. Professor Buchanan argues that it is a recipe for disaster to fail to see through the schemes of individuals or organizations who are acting in bad faith and that other universities should not play along.

Will the Republican Party’s Embrace of Messianic Politics Destroy the Party or American Democracy?
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Amherst professor Austin Sarat argues that the Republican Party has embraced a kind of messianic politics, which divides the world into two categories: those who are “faithful” and those who are “heretics.” Professor Sarat explains why this dualistic division is dangerous and antithetical to democracy.

A Breach of Decorum
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Cornell professor Joseph Margulies comments on the recent expulsion of two Democratic representatives from the Tennessee legislature after the representatives (along with one other) participated in a peaceful but disruptive protest on the House floor. Professor Margulies points out that Tennessee has a history of silencing Democratic voices through state-law preemption of local laws on matters including minimum wage, antidiscrimination law, restrictions on plastic containers, access to broadband internet, gun control, and more.

The So-Called Platinum Coin Option is Illegal, Even on Its Own Terms
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UF Levin College of Law professor and economist Neil H. Buchanan and Cornell Law professor Michael C. Dorf explain why the so-called platinum coin option to address the looming debt ceiling crisis is not only a bad idea but also illegal. Professors Buchanan and Dorf argue that the least unconstitutional option, if Republicans insist on crashing the economy via the debt ceiling, is for the Treasury Department to do what it always does: go into the financial markets and raise funds from willing lenders.

From the Halls of Congress to the Tennessee Legislature the Republican Party Is Consumed by The Desire For Revenge and Retribution
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Amherst professor Austin Sarat argues that the Republican Party has been consumed by the desire for revenge and retribution rather than love of country. Professor Sarat points out that a path toward a viable, democracy-loving second party will be bumpy, but has already been paved by the will of the voters in the last three national elections, which resulted in rejection of Trump and his MAGA followers.

Law Teaching in the Liberal Arts in the Trump Era
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In light of unsubstantiated comments by former President Trump about prosecutors with a political agenda, Amherst professor Austin Sarat reflects on the importance of teaching law in the liberal arts. Professor Sarat points out that legal courses in the liberal arts are one place where students can learn about the politics of law and appreciate that while law is not completely separated from politics, nor is law completely subsumed by it.

First, “Let’s Corrupt All the Lawyers”: Trump’s Pathway to Autocracy
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Harvard Law professor emeritus Laurence H. Tribe and former federal prosecutor Dennis Aftergut comment on an order last week by Judge Beryl Howell of the U.S. District Court for the District of Columbia ordering former Trump lawyer Evan Corcoran to answer questions he had declined to answer in January before Special Counsel Jack Smith’s grand jury. Professor Tribe and Mr. Aftergut point out that lawyers are uniquely positioned to either defend democracy against tyranny or facilitate its downfall; Judge Howell’s order reaffirmed the DC district court’s commitment to the rule of law as our shield against tyranny.

Rhymes with ‘Joke’: A Word that Already Meant Nothing Now Means Even Less
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UF Levin College of Law professor and economist Neil H. Buchanan points out the meaninglessness of conservatives’ new favorite word, “woke.” Professor Buchanan argues that despite the word’s lack of meaning, there are some interesting lessons to be learned from at least one near-miss in the attempt to put some substance behind the epithet.

Latest on the MAGA Republican Agenda: Intimidate Prosecutors and Politicize Prosecution
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Amherst professor Austin Sarat comments on the number of bills recently introduced in many red states to curb prosecutorial discretion when it is exercised in ways that do not conform to their tough-on-crime agenda. Professor Sarat argues that prosecutorial discretion is an indispensable component of a society governed by laws, and that these bills violate the separation of powers, threaten to politicize prosecution, and, in so doing, undermine the rule of law.

What Role, If Any, Should Hatred Play in the Justice Department’s Investigation of Donald Trump?
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Amherst professor Austin Sarat comments on remarks by former President Donald Trump that Special Prosecutor Jack Smith, who was appointed by Attorney General Merrick Garland to supervise the Justice Department’s investigation of Trump, is motivated by hatred of Trump. Professor Sarat points out that Trump’s perception that those who oppose him hate him epitomizes narcissism and that psychologists have characterized Trump as personalizing every conflict and seeing every political relationship as transactional.

Arizona Is a New Death Penalty Battleground State
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Amherst professor Austin Sarat argues that Arizona’s new attorney general—Kris Mayes—should now seize her opportunity to make good on her promise to put a pause on all executions in that state. Professor Sarat describes Arizona’s recent spate of botched executions and calls upon Mayes to support a death-row inmate’s withdrawal of his request be executed, thereby making Arizona the latest state to confront the troubling issues that have plagued the death penalty across the country.

To Become Speaker, McCarthy Undercuts Law, Order, and Country
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Harvard Law professor emeritus Laurence H. Tribe and former federal prosecutor Dennis Aftergut argue that newly elected House Speaker Kevin McCarthy chose ambition over law, order, and country. Professor Tribe and Mr. Aftergut describe how Speaker McCarthy’s concessions to the radical Republicans put us over the brink and seriously endanger democracy.

Why 2022’s Last Election-Denier Loss Matters
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Former Massachusetts Attorney General Scott Harshbarger and former federal prosecutor Dennis Aftergut explain why the victory of Kris Mayes over Republican election-denier Abe Hamadeh in the race for Arizona Attorney General is so important to the entire country. Mr. Harshbarger and Mr. Aftergut provide four reasons Mayes’s victory is crucial and how it illustrates why every vote matters.

George Santos and the Right of Candidates to Lie
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Cornell Law professor Michael C. Dorf comments on the revelation that George Santos, who is scheduled to take the oath of office as a new member of Congress tomorrow, lied about nearly his entire biography. Professor Dorf explains why the First Amendment likely prevents candidates from being held criminally liable for their lies, but he points out other ways we can sanction candidates who blatantly lie to gain office.

Merrick Garland Stays on Offense Against Trumpist Violence
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Former federal prosecutor Dennis Aftergut comments on Monday’s news that the January 6 committee approved criminal referrals for former President Donald Trump, John Eastman, and others. Mr. Aftergut argues that consistent prosecution and conviction of those who engage in political violence—not only those who participated on January 6, but also those who have done so afterwards—are vital to deterring future disorder.

Kari Lake, Trump’s Election-Denial Darling, Sticks with a Losing Script
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Former federal prosecutor Dennis Aftergut describes how unsuccessful Arizona governor candidate Kari Lake is following Donald Trump’s script for election denialism. Mr. Aftergut describes the four steps former President Trump followed in his attempt to overturn the results of the 2020 election and predicts that courts will reject Kari Lake’s attempts to do the same.

How Dead is Dead? Democracy is in Slightly Less Danger Today Than It Was a Week Ago
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UF Levin College of Law professor and economist Neil H. Buchanan considers whether the outcome of last week’s election should cause him to revise his description of the United States as a “dead democracy walking.” He argues that while things do look slightly better, the odds are still incredibly long against our survival as a constitutional republic.

How Trump’s Supreme Court Helped Save American Democracy from Trump
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Amherst professor Austin Sarat explains how the Supreme Court that Donald Trump refashioned paradoxically prompted Americans to reassert the values of democracy. Professor Sarat points out that the Court’s decision in Dobbs v. Jackson Women’s Health Organization eliminating the constitutional right to abortion was one of the driving factors behind the large numbers of Americans voting in the midterm election.

Political Violence in the United States, Part Two of Two
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In this first of a two-part series of columns about the reality and threat of political violence in the United States, UF Levin College of Law professor Neil H. Buchanan assesses the current political situation and its implications for the immediate future. Professor Buchanan argues that, with respect to the long-term threat of political violence, the Republicans’ surprisingly narrow victory might not be the silver lining that liberals and progressives have been celebrating since Tuesday evening.

Meet our Columnists
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor of Law and Former Dean at the University of Illinois College of Law on the Urbana-Champaign campus.... more

Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at the University of Toronto Law school. He is the James J. Freeland Eminent Scholar Chair in Taxation Emeritus at the... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and six books on constitutional... more

Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and Employment Law and Institute of Judicial Administration at New York University School of Law. He... more

Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas Boyd School of Law. Prof. Griffin, who teaches constitutional law and bioethics, is known for... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law and is currently serving as the Herman Phleger Visiting Professor at Stanford Law School. ... more

Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of Pennsylvania. She is also the founder and CEO of CHILD USA, a 501(c)(3) nonprofit academic think... more

Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in Geren v. Omar... more

Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.Professor Sarat founded both Amherst College’s Department of Law,... more

Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and Professor of Constitutional Law Emeritus at Harvard Law School, where he has taught since 1968. Born in... more

Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Wexler was a Professor of Law at Florida State University,... more