Amherst professor Austin Sarat examines President Donald Trump’s current efforts to pressure major law firms and corporations, including Microsoft, to punish individuals he considers personal enemies—often through actions resembling unconstitutional “bills of attainder” that impose penalties without due process. Professor Sarat argues that while big businesses and their leaders possess the influence to resist these authoritarian tactics, they have largely remained silent out of fear, self-interest, or moral weakness, thereby failing to uphold democratic values.

Amherst professor Austin Sarat discusses the shift in American political culture, focusing on a moment at Charlie Kirk’s memorial where President Trump publicly embraced hatred for his opponents, contrasting it with calls for forgiveness and unity. Professor Sarat argues that Trump’s unapologetic hatred not only erodes the moral and democratic foundations of the presidency but also threatens to make animosity and division the norm in American society.

Amherst professor Austin Sarat and attorney Steve Kramer reflect on the national implications of the public reaction to activist Charlie Kirk’s assassination, examining how his death underscores deep social and political divisions, especially in the age of social media. The authors argue that widespread online polarization and knee-jerk reactions are threatening democratic norms, and they urge Americans to pause, reflect, and reclaim empathy and civic responsibility to prevent further societal decline.

Amherst professor Austin Sarat discusses President Trump’s efforts to unilaterally alter federal election rules through executive orders, including mandates on voter ID and restrictions on mail-in voting, despite constitutional limits on presidential authority. Professor Sarat argues that these actions not only violate the Constitution’s allocation of election oversight to Congress and the states but also reflect a partisan attempt by Trump to influence the outcome of the 2026 congressional elections.

Amherst professor Austin Sarat examines a recent lawsuit in Arkansas challenging a new law, Act 302, which gives the state's Department of Corrections unchecked discretion to choose between execution by lethal injection or nitrogen hypoxia, without timely notice or legislative guidance. Professor Sarat argues that this vague delegation of power is unconstitutional, violates due process and separation of powers, and adds unnecessary psychological cruelty to death row inmates by keeping them uninformed about how they will be executed.

Amherst professor Austin Sarat explores the importance of competency in death penalty cases, focusing on whether individuals like Ralph Menzies—who suffer from dementia and cannot comprehend their punishment—should be eligible for execution. Professor Sarat argues that executing cognitively impaired individuals violates the core purpose of punishment as a form of moral accountability, and calls for shifting the legal burden onto the state to prove competency in such cases to prevent unjust and inhumane executions.

Amherst professor Austin Sarat discusses Delaware’s historic efforts to constitutionally ban the death penalty, positioning the state to become one of the few U.S. jurisdictions with an explicit constitutional prohibition against capital punishment. Professor Sarat argues that to ensure lasting abolition, death penalty opponents across the country should pursue constitutional amendments rather than rely on statutes or court rulings, which are more susceptible to reversal.

Amherst professor Austin Sarat examines the impending execution of Byron Black in Tennessee, highlighting deep flaws in the state’s application of the death penalty, particularly for intellectually disabled and medically vulnerable individuals. Professor Sarat argues that Black’s case exemplifies the cruelty, legal absurdities, and moral failings of the death penalty system, urging an end to a practice that undermines justice and human dignity.

Amherst professor Austin Sarat explores the enduring presence and normalization of violence in American culture, using the film The Man Who Shot Liberty Valence and the recent mass stabbing in Traverse City, Michigan, as entry points to examine broader societal trends. Professor Sarat argues that while violence has long been part of America's foundation, former President Donald Trump’s aggressive rhetoric and dehumanizing language have dangerously amplified a culture of cruelty and retribution, making it more urgent than ever to resist these influences.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.