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.

Amherst professor Austin Sarat discusses the potential threats to American higher education, particularly elite institutions, in the event of a Republican victory in the 2024 election. Professor Sarat argues that colleges and universities, especially prestigious ones, need to urgently develop a concrete political strategy to counter the GOP’s plans to reshape higher education through defunding, ideological attacks, and enforced “reforms” that could fundamentally alter their approach to education and threaten their survival.

Amherst professor Austin Sarat discusses recent events in American politics, including a Supreme Court decision on presidential immunity, President Biden’s debate performance, and an assassination attempt on former President Trump. Professor Sarat argues that these events have been traumatic for the nation and warns against allowing them to induce collective amnesia about Trump’s past actions and rhetoric, emphasizing the importance of remembering the full context as the country approaches the 2024 election.

Amherst professor Austin Sarat discusses the attempted assassination of former President Donald Trump and its implications for American democracy and political violence. Professor Sarat argues that this event, combined with ongoing efforts to undermine election integrity and the increasing acceptance of political violence, poses a significant threat to the stability of American democracy and the principles of free and fair elections.

Amherst professor Austin Sarat discusses the recent impeachment articles filed by Representative Alexandria Ocasio-Cortez against Supreme Court Justices Samuel Alito and Clarence Thomas, providing historical context for impeachment of Supreme Court Justices and examining the specific allegations against Alito and Thomas. Professor Sarat argues that while the impeachment is unlikely to succeed, it is justified given the Justices’ ethical transgressions, and it serves as an important condemnation of their conduct and a reminder of the need to uphold democratic principles and the integrity of the Supreme Court.

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.

Amherst professor Austin Sarat discusses the recent Supreme Court decision in Trump v. United States and its implications for presidential immunity and the rule of law in America. Professor Sarat argues that the decision “will live in infamy” and marks a dangerous shift towards authoritarianism by effectively placing the President above the law, contradicting fundamental constitutional principles and previous statements made by the Justices themselves.

Amherst professor Austin Sarat discusses the Supreme Court’s recent decision in City of Grants Pass v. Johnson and its broader approach to Eighth Amendment cases, particularly those involving cruel and unusual punishment. Professor Sarat argues that the Court’s conservative majority, led by Justices Neil Gorsuch and Clarence Thomas, is systematically weakening Eighth Amendment protections by adhering to a narrow originalist interpretation, ignoring evolving standards of decency, and showing indifference to vulnerable populations like the homeless.

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.

Amherst professor Austin Sarat discusses a legal and political controversy in Arizona surrounding the execution of death row inmate Aaron Gunches, involving various state officials including the county attorney, attorney general, and governor. Professor Sarat criticizes Maricopa County Attorney Rachel Mitchell’s unprecedented and allegedly illegal attempt to seek a death warrant, portraying it as a politically motivated move that undermines the established legal process and threatens to create chaos in Arizona's death penalty system.

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 discusses the controversy surrounding Harvard Dean Lawrence Bobo’s op-ed, which argued that faculty should face sanctions for publicly criticizing their university in ways that invite outside intervention. Professor Sarat ultimately disagrees with Bobo, asserting that while faculty should exercise good judgment when criticizing their institutions, universities must protect their right to do so to avoid undermining academic freedom and the free exchange of ideas.

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.