Amherst professor Austin Sarat analyzes the rhetorical strategies JD Vance used during a New York Times interview, especially Vance’s refusal to acknowledge Donald Trump’s 2020 election loss. Professor Sarat argues that Vance’s skillful use of language techniques such as bridging, whataboutism, and question deflection demonstrates a polished version of Trumpism that poses a long-term threat to American democracy by undermining faith in elections and truth itself.

Amherst professor Austin Sarat discusses the Supreme Court’s decision to hear a case that could expand the use of DNA evidence in capital punishment cases, focusing on Ruben Gutierrez’s appeal in Texas. Professor Sarat argues that the Court should allow Gutierrez to challenge Texas’s restrictions on post-conviction DNA testing, asserting that such limitations in death penalty cases across the country hinder the pursuit of justice and should be reconsidered.

Amherst professor Austin Sarat discusses the state of capital punishment in the United States, reflecting on the recent milestone of 1,600 executions since 1976 and examining trends in public opinion, exonerations, and execution practices. Professor Sarat argues that while the country has made progress toward abolition, persistent issues such as false convictions, racial bias, and botched executions highlight the fundamental flaws in the death penalty system.

Amherst professor Austin Sarat discusses Donald Trump’s speech at the Israeli American Council summit, focusing on his comments about Jewish voters and accusations of antisemitism. Professor Sarat argues that Trump’s remarks were self-centered, potentially dangerous, and reflective of his narcissistic tendencies, and he highlights the disconnect between Trump’s expectations of Jewish voter support and actual polling data.

Amherst professor Austin Sarat discusses the case of Richard Glossip, an Oklahoma death row inmate whose conviction has been challenged by the state’s attorney general, and the broader constitutional question of executing innocent people. Professor Sarat argues that the Supreme Court should use Glossip’s case to explicitly state that the Constitution forbids punishing innocent people, overturning previous jurisprudence that prioritized legal technicalities over justice.

Amherst professor Austin Sarat discusses a legal controversy in Nebraska regarding felony disenfranchisement, specifically focusing on a recent law allowing felons to vote immediately after completing their sentences and the state attorney general’s challenge to this law. Professor Sarat argues that the Nebraska Supreme Court should reject the attorney general’s contentions, allow the new law to stand, and permit former felons to vote, asserting that felony disenfranchisement is a vestige of a shameful historical era that should be consigned to the past.

Amherst professor Austin Sarat discusses the unusual dynamics of the 2024 U.S. presidential campaign, particularly focusing on how Vice President Kamala Harris is positioning herself on crime and criminal justice issues. Professor Sarat argues that Harris faces a delicate balancing act of appearing tough on crime to counter Republican attacks while maintaining credibility on criminal justice reform, suggesting she should emphasize crime prevention and address root causes rather than simply adopting traditional “tough-on-crime” rhetoric.

Amherst professor Austin Sarat examines the current state and history of the death penalty in Midwestern states, particularly Kansas, Nebraska, and Wyoming. Professor Sarat argues that growing bipartisan opposition to capital punishment in these traditionally conservative states, based on concerns about costs, effectiveness, and potential wrongful executions, may contribute to a broader national movement toward abolishing the death penalty.

Amherst professor Austin Sarat discusses the upcoming sentencing of Donald Trump in New York and the challenges faced by Judge Juan Merchan in deciding when to hold the sentencing hearing and what punishment to impose. Professor Sarat argues that Judge Merchan’s decision requires both legal acumen and practical wisdom, as it could have significant political ramifications for the 2024 presidential election, regardless of whether the sentencing is delayed or proceeds as scheduled.

Amherst professor Austin Sarat discusses the use of life without parole (LWOP) sentences in the United States, examining upcoming state supreme court cases challenging these sentences and the historical role of death penalty abolitionists in promoting LWOP as an alternative to capital punishment. Professor Sarat argues that death penalty abolitionists should now reconsider their support for LWOP, recognizing it as another form of “death penalty” and joining efforts to scale back its use, especially given its disproportionate impact on young offenders and people of color.

Amherst professor Austin Sarat discusses recent proposals for Supreme Court reform in the United States, including term limits for Justices, ethics rules, and jurisdiction stripping. Professor Sarat argues that such reforms are justified and necessary in light of the Court’s current conservative majority and controversial decisions, emphasizing that court reform has historical precedent and should not be feared despite potential challenges.

Amherst professor Austin Sarat discusses the case of Marcellus Williams, a death row inmate in Missouri, and the broader issue of false convictions in capital cases due to unreliable informant testimony. Professor Sarat argues that Williams’s case exemplifies the urgent need for reform in the use of informant testimony in criminal trials, proposing several measures to improve the reliability and transparency of such evidence in order to prevent miscarriages of justice.

Amherst professor Austin Sarat discusses the South Carolina Supreme Court’s recent decision allowing the state to carry out executions using the electric chair, firing squad, or lethal injection. Professor Sarat criticizes the ruling, arguing that it effectively nullifies constitutional protections against cruel punishment by permitting inhumane methods of execution under the guise of providing inmates with a choice, thus failing the citizens of South Carolina.

Amherst professor Austin Sarat discusses Supreme Court Justice Neil Gorsuch’s newly published book Over Ruled: The Human Toll of Too Much Law and his recent public statements criticizing excessive regulation. Professor Sarat argues that despite Gorsuch’s attempts to present himself as a champion of ordinary Americans, his judicial record and conservative stance on federal regulations suggest that his book’s message should be viewed skeptically, as reduced regulation often benefits powerful interests at the expense of workers, the disabled, and environmental protection.

Amherst professor Austin Sarat discusses Alabama's plan to execute Alan Lee Miller using nitrogen hypoxia, exploring the method's history, claims of humaneness, and the recent controversial execution of Kenneth Smith using this method. Professor Sarat argues that the gruesome details of Smith's execution expose the brutality of nitrogen hypoxia, contradicting proponents' claims of its safety and humaneness, and calls for Alabama to cancel Miller's execution or for courts to intervene and prevent it.

Amherst professor Austin Sarat discusses Donald Trump’s recent comments questioning Vice President Kamala Harris’s racial identity and explores the broader context of racial politics in the United States. Professor Sarat argues that Trump’s remarks are part of a deliberate strategy to stoke racial resentment and fear among white voters, highlighting the stark choice facing Americans in the upcoming election between embracing diversity and inclusivity or endorsing divisive racial politics.

Amherst professor Austin Sarat discusses President Joe Biden’s recent proposals for Supreme Court reform, including a constitutional amendment to reverse the decision on presidential immunity, term limits for Justices, and a binding ethics code. Professor Sarat notes that while these proposals mark a significant shift in Biden’s stance on Court reform, they stop short of embracing Court packing, which Professor Sarat suggests may be the most far-reaching response to the perceived crisis in the Supreme Court and the threat its conservative majority poses to democracy and the rule of law.

Amherst professor Austin Sarat examines the role of racial bias in California’s death penalty system, drawing on various studies and statements from political figures like Kamala Harris and Gavin Newsom. Professor Sarat argues that despite California’s progressive reputation and efforts to address racial injustice, the state’s capital punishment system remains plagued by racial disparities, supporting the call for its abolition.

Amherst professor Austin Sarat discusses the potential presidency of Kamala Harris, focusing on how her experience as a district attorney and California’s attorney general might positively influence her performance in the Oval Office. Professor Sarat argues that Harris’s prosecutorial background will be beneficial for her presidency, citing her pragmatic approach to law enforcement, her ability to make difficult decisions, and the skills she developed in exercising prosecutorial discretion judiciously.

Amherst professor Austin Sarat discusses the Republican National Convention’s strategy of downplaying controversial issues like abortion, the January 6 insurrection, and election denialism. Professor Sarat argues that the GOP employed a “hidden ball trick” to conceal their true positions on these topics, deceiving voters and potentially harming democracy in their pursuit of power.