Austin Sarat
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, Jurisprudence, and Social Thought and the national scholarly association, The Association for the Study of Law, Culture, and the Humanities. He is former President of that Association and has also served as President of the Law and Society Association and of the Consortium of Undergraduate Law and Justice Programs.

He is author or editor of more than ninety books including Lethal Injection and the False Promise of Humane Execution (Stanford University Press, 2022), The Death Penalty on the Ballot: American Democracy and the Fate of Capital Punishment (Cambridge University Press, 2019), The Lives of Guns (Oxford University Press, 2018), and Gruesome Spectacles: Botched Executions and America’s Death Penalty (Stanford University Press, 2014).

He is editor of the journal Law, Culture and the Humanities and of Studies in Law, Politics, and Society

Professor Sarat has received numerous prizes and awards including the Harry Kalven Award given by the Law Society Association for “distinguished research on law and society”; the Reginald Heber Smith Award given biennially to honor the best scholarship on “the subject of equal access to justice”; the James Boyd White Award, from the Association for the Study of Law, Culture, and the Humanities, given for distinguished scholarly achievement and “outstanding and innovative” contributions to the humanistic study of law; and the Hugo Adam Bedau Award, given to honor significant contributions to death penalty scholarship by the Massachusetts Coalition Against the Death Penalty.

His public writing has appeared in such places as The New Republic, The Guardian, The Boston Globe, The Cleveland Plain-Dealer, The National Law Journal, Slate, The Providence Journal, The Los Angeles Times, The American Prospect, Aljazeera America, US News, CNN, Politico, The Conversation, and The Daily Beast. He has been a commentator or guest on HuffPost Live, The Morning Briefing on Sirius Radio, All Things Considered, Morning Edition, The Rick Ungar Show, Democracy Now, ABC World News Tonight, All in with Chris Hayes, The Point with Ari Melber, and The O’Reilly Factor.

Columns by Austin Sarat
Watch Out, Seniors: Trump’s Social Security Administration Now Cares More About Burnishing His Brand Than Helping You

Amherst professor Austin Sarat comments on the Social Security Administration’s politically-charged email praising Trump’s “One Big Beautiful Bill Act” and its supposed tax relief for seniors—a departure from the agency’s traditional independence. Professor Sarat argues that the SSA’s misleading email represents a betrayal of public trust and the agency’s mission, serving Trump’s personal branding agenda while failing to address Social Security’s actual funding crisis or accurately describe the legislation’s limited benefits.

More Immigrant Detention Centers Means More Cruelty

Amherst professor Austin Sarat examines the massive funding increase for Immigration and Customs Enforcement (ICE) detention facilities in the recently passed spending bill, which will triple detention funding and enable rapid expansion of immigrant detention centers across the country. Professor Sarat argues that given ICE’s documented history of abuse, inadequate medical care, and inhumane conditions in existing facilities, this dramatic expansion will likely lead to increased human suffering and cruelty for detainees, many of whom have never been charged with any crime.

JD Vance and the Politics of Provocation

Amherst professor Austin Sarat examines Vice President JD Vance’s brief June 20 visit to Los Angeles, which lasted just 4.5 hours and included minimal time at federal operations centers but ample time for media appearances and political events. Professor Sarat argues that Vance has abandoned the traditional role of political leadership in promoting the public good and unity, instead embracing divisive rhetoric, racist provocations, and inflammatory attacks on political opponents that exemplify the Trump administration’s politics of provocation rather than serious governance.

Let’s Hope That Vance Boelter and the People of Minnesota Are Not Put Through a Capital Trial

Amherst professor Austin Sarat examines the case of Vance Boelter, who allegedly murdered Minnesota state Rep. Melissa Hortman and her husband and attempted to murder Sen. John Hoffman and his wife in politically motivated attacks targeting elected Democrats. Professor Sarat argues that despite the horrific nature of these crimes, federal prosecutors should not seek the death penalty in Minnesota, which abolished capital punishment over a century ago and whose citizens would likely reject it.

Tennessee Finds a New Way to Compound the Death Penalty’s Cruelty

Amherst professor Austin Sarat discusses Tennessee’s new policy of imposing a two-week isolation period and a 12-hour communication blackout on death row inmates prior to execution, framing it within broader concerns about the harsh conditions of death row in the U.S. Professor Sarat argues that these practices are unnecessarily cruel, serve no legitimate purpose, and should be ended either by state action or judicial intervention.

When an “Anti-Death Penalty Scholar” Goes Rogue

Amherst professor Austin Sarat explores the challenges and responsibilities of academic scholarship on the death penalty, particularly when such research offers nuanced or unpopular views within the abolitionist movement. Professor Sarat argues that scholars must pursue truthful and critical inquiry—even if it unsettles allies—because their ultimate contribution lies in illuminating the harsh realities of capital punishment, not in conforming to political or moral orthodoxy.

What Did Yale Law School Teach JD Vance?

Amherst professor Austin Sarat critiques Vice President J.D. Vance’s recent comments dismissing the judiciary’s role in checking executive power, situating the discussion within the broader context of constitutional law education at Yale Law School. Professor Sarat argues that Vance’s remarks reflect not legal ignorance but a deliberate rejection of established constitutional principles, particularly judicial oversight, in favor of a nationalist ideology concerned with limiting immigration based on cultural and racial preferences.

Let’s Stop Asking for Last Words of People About to Be Executed

Amherst professor Austin Sarat calls for an end to the longstanding ritual of collecting and publicizing the final statements of death row inmates, spotlighting the recent execution of Glen Rogers in Florida and his unusual last words referencing Donald Trump. Professor Sarat argues that these last words are often performative, feed public morbid curiosity, and serve to legitimize the death penalty by giving the illusion of dignity and humanity to an inherently inhumane practice.

Judge Delivers a Civics Lesson About the Role of Lawyers and the Limits of Presidential Power

Amherst professor Austin Sarat examines the public distrust of lawyers in the United States and the recent political attacks on the law firm Perkins Coie by President Trump, focusing on the legal and constitutional implications of those actions. Professor Sarat argues that Judge Beryl Howell’s decision to strike down Trump’s executive order targeting the firm is a critical defense of the legal profession’s independence and a reminder that protecting lawyers’ ability to represent clients without political interference is essential to upholding democracy and the rule of law.

Harvard Law Review? The Latest Odd Moment in America’s Nightmare

Amherst professor Austin Sarat addresses the Trump administration’s investigation into the Harvard Law Review, contextualizing it within broader conservative attacks on institutions promoting diversity, equity, and inclusion. Professor Sarat argues that the administration’s use of civil rights laws to challenge the Law Review’s diversity policies represents a disturbing abuse of power and an erosion of First Amendment protections, driven by authoritarian impulses and partisan retaliation.

Another “Death Penalty” Awaits Inmates Who Were Spared Execution by Joe Biden

Amherst professor Austin Sarat discusses President Donald Trump’s efforts to reverse President Joe Biden’s mass clemency for federal death row inmates, specifically through an executive order mandating their transfer to the harsh ADX supermax prison. Professor Sarat argues that this move is a politically motivated act of cruelty lacking legal and penological justification, and urges the courts to uphold due process and human rights, even for those convicted of serious crimes.

Steps Universities Can Take to Prevent Fear From Turning Academic Freedom Into an Empty Promise

Amherst professor Austin Sarat discusses the Trump administration’s mounting pressure on U.S. universities, including funding threats and legal tactics that jeopardize academic freedom and chill free expression on campuses. Professor Sarat argues that universities must respond assertively by understanding and defending academic freedom, updating policies to protect faculty and students, and forging broad alliances to resist government overreach and uphold the principles of open inquiry.

United States Attorney for The District of Columbia Shows What Weaponized Justice Really Looks Like

Amherst professor Austin Sarat critiques the nomination of Edward Martin as U.S. Attorney for the District of Columbia, examining how his conduct exemplifies what critics call the “weaponization” of the Justice Department under President Trump. Professor Sarat argues that Martin has misused his prosecutorial power for political ends—especially by pursuing partisan investigations of President Joe Biden and his family—and urges the Senate to reject his confirmation.

Gavin Newsom’s Death Penalty Dilemma

Amherst professor Austin Sarat examines California Governor Gavin Newsom’s shifting political positions, particularly focusing on the uncertainty surrounding his stance on the death penalty as he eyes a potential 2028 presidential run. Professor Sarat argues that Newsom’s credibility and legacy—especially given his prior vocal opposition to capital punishment—hinge on whether he will act decisively to commute the state's death row sentences before leaving office, a move that could significantly influence the national debate on the death penalty.

The Trump Administration Defies a Court Order in the Venezuelan Gang Case and Pushes America Into Unchartered Territory

Amherst professor Austin Sarat discusses the Trump administration’s late-night deportation of alleged Venezuelan gang members despite a federal judge’s order to halt the process and examines the implications for constitutional law and executive power. Professor Sarat argues that by defying the court order, the administration dangerously undermined the rule of law, demonstrating its willingness to consolidate power and disregard constitutional checks, marking a troubling crisis for American democracy.

If College Presidents Won’t Speak Out in Defense of Democracy and the Rule of Law, Their Faculties Should

Amherst professor Austin Sarat discusses the role of universities and their faculty in defending democracy, arguing that higher education institutions should take a more active stance against authoritarian threats. Professor Sarat expands on an op-ed by Harvard professors Ryan Enos and Steven Levitsky, asserting that while university presidents should lead efforts, faculty members also have a civic responsibility to publicly advocate for democratic principles rather than waiting for administrators to act.

Do State Legislatures Have to Obey U.S. Supreme Court Decisions?

Amherst professor Austin Sarat discusses how several state legislatures, particularly Alabama, are passing laws allowing the death penalty for child rape despite a 2008 Supreme Court ruling, Kennedy v. Louisiana, that declared such punishment unconstitutional. Professor Sarat argues that this strategic legislative defiance represents a dangerous trend that threatens constitutional order, as lawmakers are deliberately passing unconstitutional laws hoping the current conservative-majority Supreme Court will overturn precedent, similar to the strategy that led to Roe v. Wade being overturned.

Another Red State Shows No Appetite for Capital Punishment

Amherst professor Austin Sarat examines Montana’s death penalty status, noting that capital punishment is legally permitted but rarely used in the deeply Republican state, with only three executions since 1976 and recent legislative rejection of a proposal to facilitate more executions. Professor Sarat argues that even as a symbolic punishment, maintaining capital punishment on the books causes harm to both the abolitionist cause and the entire country by making extreme prison sentences seem more humane by comparison, contributing to America’s high incarceration rates.

Whether or Not Ohio Ever Carries Out Another Execution Will Help Shape the Death Penalty’s Fate Across the Nation

Amherst professor Austin Sarat discusses Ohio Governor Mike DeWine’s ongoing de facto moratorium on executions and the broader implications for the future of the death penalty in both Ohio and the United States. Professor Sarat argues that Ohio’s inability to procure lethal injection drugs, combined with public opposition, racial disparities, financial inefficiencies, and declining crime rates, demonstrates that the state—and potentially the nation—can function without capital punishment, signaling a possible shift toward abolition.

This Year’s First Execution Illustrates the Death Penalty’s Compound Cruelties

Amherst professor Austin Sarat discusses the recent execution of Marion Bowman in South Carolina, focusing on his case and the broader cruelties inherent in the American capital punishment system. Professor Sarat argues that Bowman’s case exemplifies multiple systemic issues in death penalty cases, including the treatment of those claiming innocence, the coercive nature of plea deals, inadequate legal defense, and the psychological torture of death row conditions, particularly during the final months before execution.