Neil H. Buchanan
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 University of Florida's Levin College of Law. Professor Buchanan blogs at Dorf on Law.

Columns by Neil H. Buchanan
Yes, Trump Is (Still) Engaged in an Attempted Coup; and Yes, It Might Lead to a Constitutional Crisis and a Breaking Point

UF Levin College of Law professor and economist Neil H. Buchanan explains why Donald Trump’s actions reflect an attempted coup and might still lead to a constitutional crisis. In this column, Buchanan first explains what a coup is and describes the ways that Trump has failed in his attempts thus far. Buchanan warns about how all this could still end in a constitutional crisis that Trump creates and exploits to stay in power.

Update on Trump’s Coup: Do Not Think That This Is Guaranteed to End Well

UF Levin College of Law professor Neil H. Buchanan explains why “being patient with Trump” is a recipe for disaster, why there are still reasons to be guardedly optimistic, and why this all could still end very badly. Buchanan argues that the present situation is not guaranteed end badly, but he cautions that a Trump coup is eminently possible.

The Coronavirus and the Election: Trump’s Fateful Decisions Are Shocking and Disqualifying

UF Levin College of Law professor and economist Neil H. Buchanan explains why President Trump’s inept handling of the COVID-19 pandemic should disqualify him from even running for reelection, let alone returning to office. Buchanan argues that it is shocking that we cannot predict the outcome of the 2020 election in light of Trump’s failure to address the biggest health crisis in a century and his consistent efforts to undermine the public response every step of the way.

How in the World Can Republicans Think the Economy Is Their Strong Suit?

UF Levin College of Law professor and economist Neil H. Buchanan debunks the Republican claim that Donald Trump and Republican leaders have handled (and are handling) the economy well. Buchanan points out that the only action that Trump and his party had taken on the economy before the pandemic was a two-trillion-dollar tax cut in 2017, which was weighted toward the rich and unpopular among the American public. Buchanan notes that even before the pandemic hit, workers were living in fear that their families would be destroyed by a medical catastrophe, and it is even worse now.

The Supreme Court Limbers Up to Aid and Abet Trump’s Coup

UF Levin College of Law professor and economist Neil H. Buchanan describes how the U.S. Supreme Court is readying itself to declare Trump the winner of the election. Professor Buchanan points out that no court acting in good faith would apply the text of the Constitution or existing Supreme Court precedents in a way that would allow any of this scheme to see the light of day, but based on what Justice Kavanaugh has written and what Justice Gorsuch strongly suggests, the Court might not even have that minimum amount of good faith.

Racism, Rage, and Raw Political Power: Revisiting the Motivations of Trump’s Supporters

UF Levin College of Law professor and economist Neil H. Buchanan develops his argument that the only plausible reasons Republicans continue to support President Trump are “bigotry and raw political power.” In this follow-up column, Buchanan explores these explanations a bit further, drawing in part from incensed reader responses to his previous column.

A Somewhat Optimistic View of the Possible Constitutional Crisis of 2020

UF Levin College of Law professor and economist Neil H. Buchanan reflects on the contributions of the late Justice Ruth Bader Ginsburg to tax law jurisprudence and discusses the potential chaos that faces our country in the upcoming elections. Although he expresses cautious optimism that law and the American public together should prevent a constitutional crisis, Buchanan warns that we should all be frightened by the fact that the election can still be stolen if enough carefully placed Republican partisans are willing to upend our constitutional democracy.

No, Republicans Cannot Throw the Presidential Election into the House so that Trump Wins

UF Levin College of Law professor and economist Neil H. Buchanan, Cornell Law professor Michael C. Dorf, and Harvard Law professor emeritus Laurence H. Tribe explain why President Trump’s plan to win the election through a forced decision by the U.S. House of Representatives relies on an incorrect reading of the plain text of the Twelfth Amendment of the Constitution. The authors argue, even in a best-case scenario for Trump, in which the electoral votes of Pennsylvania are thrown out, Biden would still win with a majority of the resulting electoral votes and the House would simply not have the legal authority to vote on an election that had already been decided.

Republicans’ Blind Support for Trump Is NOT About Judges and Tax Cuts but About Bigotry and Raw Power

UF Levin College of Law professor and economist Neil H. Buchanan examines the flaws in the theory that Republicans’ support for Trump is about judges and tax cuts. Rather, Buchanan argues, they support his bigotry and his efforts to dismantle our democracy.

Trump Swings His Wrecking Ball at Social Security

Neil H. Buchanan—UF law professor and economist—dispels some common misunderstandings about the future of Social Security but explains why President Trump’s recent comments are cause for concern. Buchanan explains why, contrary to claims by reporters and politicians, Social Security is not at the brink of insolvency, but points out that if Trump were to permanently eliminate payroll taxes, that would doom the program on which tens of millions of retirees depend.

Economic Theory Shows that People Will Make Choices that Worsen the Pandemic

UF Levin College of Law professor and economist Neil H. Buchanan points out some of the ways in which congressional Republicans misunderstand economics to justify withholding unemployment payments from Americans during the COVID-19 pandemic. Buchanan argues that economic theory soundly demonstrates that given the opportunity, people will make choices that worsen the toll of the pandemic.

Trump’s Upcoming Refusal to Leave Office: The Very Bad News

In this second of a two-part series of columns considering the likelihood that President Trump will refuse to leave the White House even if he loses the election, UF Levin College of Law professor and economist Neil H. Buchanan describes the bad news that Trump and his supporters seem likely to use violence to keep him in office.

Trump’s Upcoming Refusal to Leave Office: The Good News

In this two-part series of columns, UF Levin College of Law professor Neil H. Buchanan discusses some new reasons for guarded optimism that Americans are beginning to recognize—and thus might be able to mitigate—the danger Donald Trump represents to American democracy. In this first part, Buchanan grounds his guarded optimism in Joe Biden’s expressly voicing concern that Trump will not leave the White House if he loses the election.

Is There Any Point in Talking About Trump’s Upcoming Refusal to Leave Office?

UF Levin College of Law professor Neil H. Buchanan reiterates his argument that Donald Trump will refuse to leave the White House even if he loses the 2020 election and considers why journalists are only just now beginning to recognize that as a possibility. Buchanan laments the possibility that there is nothing to be done about this existential threat to America’s constitutional democracy.

Disaster Relief to States and Cities Is Both Right and Good: Part 2 of 2

In this second of a two-part series of columns, UF Levin College of Law professor Neil H. Buchanan explains why Senate Majority Leader Mitch McConnell is incorrect in claiming that the reason Democratic-led states are in trouble is that they are providing excessively generous pensions to retirees who worked for state and local governments. Buchanan then examines a workaround, first described by Professor Darien Shanske of the University of California at Davis, that would allow the Federal Reserve to give assistance to states and cities without interference from Republicans in the Senate or the White House.

Disaster Relief to States and Cities Is Both Right and Good: Part 1 of 2

In this first of a series of columns about federal relief to state and local governments, UF Levin College of Law professor and economist Neil H. Buchanan provides the economic background to explain how unprecedented these times are and argues that supporting cities and states is essential to surviving this crisis.

Even During a Pandemic, Fear-Mongering About the Debt Has Predictably Reared Its Ignorant Head

UF Levin College of Law professor and economist Neil H. Buchanan explains why we should not be concerned about increasing the federal government’s debt, despite what some journalists are suggesting. Buchanan points out that sometimes—such as during a pandemic or other crisis—the federal government should borrow more to prevent a downward economic spiral.

The Oldest Republican Pander in the Book: “Do It for Our Children and Grandchildren”

UF Levin College of Law professor and economist Neil H. Buchanan reacts to a comment by Texas Lieutenant Governor Dan Patrick that older people should be “willing to take a chance on [their] survival in exchange for keeping the America that all America loves for [their] children and grandchildren.” Buchanan points out that Patrick’s suggestion has been rightly mocked but that it is not usual for Republicans to claim, hypocritically, that older people should make sacrifices for younger generations.

What Should Democrats Do About Republicans’ Insistence on Lining Their Own Pockets With the Stimulus Plan?

UF Levin College of Law professor and economist Neil H. Buchanan discusses the ongoing negotiations in Congress over the stimulus bill that would purportedly start to address the present economic crisis. Buchanan argues that while Democrats are right to try to stop Republicans from writing a huge unrestricted corporate handout into the bill, they will have to agree to something quickly—and the sooner the better.

Can the Republicans Cancel the Elections, Even Though Trump Can’t?

UF Levin College of Law professor and economist Neil H. Buchanan considers whether (and how) President Trump or his supporters in Congress could cancel the 2020 elections, citing public safety as a result of the COVID-19 pandemic. Buchanan points out that because states control the procedures for the election, Trump would need Republican governors of certain blue states to shut down their state’s elections—something Buchanan stops short of saying is likely or unlikely.