Amherst professor Austin Sarat comments on a challenge to South Carolina’s plan to use the electric chair or the firing squad to carry out executions. Professor Sarat describes the conflicting expert testimony regarding the suffering involved in each method of execution and argues that instead of debating about the pain of the condemned, we should reject the premise that death is a punishment the government should even be using.

Amherst professor Austin Sarat comments on Oklahoma’s now-fourth attempt to carry out the execution of Richard Glossip. Professor Sarat argues that Glossip’s case illustrates the many ways in which the death penalty betrays America’s values and commitments and that all Americans should join in efforts to end it.

Amherst professor Austin Sarat comments on the clemency petition filed by Oklahoma death-row inmate James Coddington. Professor Sarat argues that, though unlikely to succeed based on Oklahoma’s history, Coddington’s petition offers the state the chance to revive a tradition of recognizing rehabilitation and redemption for people on death row.

Amherst professor Austin Sarat comments on the controversy over whether death-row inmates should be permitted to donate their organs before or after their executions. Professor Sarat argues that to prohibit inmates from donating their organs is a further mark of their subjugation and that for many, organ donation is a way of giving life even as the state takes theirs.

In light of 2022 marking the tenth anniversary of the Supreme Court’s decision in Miller v. Alabama, Amherst professor Austin Sarat points out how important that decision was and how much still remains to be done to stop juvenile life without parole (LWOP) sentences. Professor Sarat points out that with the scientific recognition that the development of the human brain is not complete until a person is in their 20s, it does not make sense to treat child offenders the same way we treat adult offenders.

Amherst professor Austin Sarat and former federal prosecutor Dennis Aftergut argue that Justice Samuel Alito’s majority opinion in Dobbs v. Jackson Women’s Health Organization, together with the language in Justice Clarence Thomas’s concurring opinion, put the country on a path toward the totalitarian state that one-time Supreme Court nominee Robert Bork had envisioned. Professor Sarat and Mr. Aftergut point out that Bork’s America would have a constitution that does not evolve or change to meet new circumstances and that affords no protection of citizens’ privacy from government intrusion

Amherst professor Austin Sarat comments on the Supreme Court’s recent decision in Nance v. Ward, holding by a 5-4 majority that death row inmates can file suits using 42 U.S.C § 1983. Professor Sarat argues that lethal injection specifically and executions generally are necessarily inhumane, brutal, and savage.

Amherst professor Austin Sarat comments on a recent decision by a federal district court judge deferring to the evidence provided by the state in support of its lethal injection procedure, despite significant contradictory evidence. Professor Sarat argues that the trilogy of Supreme Court precedents on lethal injection not only altered the legal standards but tilted the playing field for fact-finding when death row inmates bring lethal injection challenges.

Amherst professor Austin Sarat comments on the recent decision by the U.S. Supreme Court in Shinn v. Ramirez, in which the Court held that federal judges may not intervene in state cases to protect the Sixth Amendment right to the effective assistance of counsel, even when there is evidence evidence that the condemned might be actually innocent. Professor Sarat points out that the decision demonstrates the conservative Justices’ prioritization of finality over justice and serves only to further erode confidence in and support for capital punishment in this country.

Amherst professor Austin Sarat comments on the uniquely problematic conduct of Supreme Court Justice Clarence Thomas and his wife Virginia (Ginni).

Amherst professor Austin Sarat comments on the recent botched execution of Clarence Dixon in Arizona, pointing out that the repeated efforts to place the IVs demonstrate that lethal injection is not a humane process. Professor Sarat describes the importance of time in the execution process and argues that courts assessing the start time of an execution (for purposes of Eighth Amendment challenges and Double Jeopardy challenges) should start the clock from the moment of the first physical invasion of the inmate’s body, contrary to the Ohio Supreme Court’s determination that the insertion of IV lines is “merely a ‘preparatory’ step to the execution.”

In light of the fifth anniversary of Arkansas’s capital punishment spree, Amherst professor Austin Sarat describes some of the major flaws of the death penalty. Professor Sarat points out that although lethal injection was once touted as a technological miracle that would ensure executions would be safe, reliable, and humane, the practice has had a history marked by problems, mishaps, and mayhem.

Amherst professor Austin Sarat comments on Tennessee’s recent last-minute cancellation of the execution of Oscar Franklin Smith for a “technical oversight.” Professor Sarat points out that such problems typically mean that state officials identified contamination in the compounded execution drugs or the “use by date” had passed, but the veil of secrecy surrounding executions prevents the public from discovering the true nature of the problem.

Amherst professor Austin Sarat describes the current state of capital punishment in the United States, in particular, the 27 states that authorize death sentences but have not actually carried out an execution in the last five or ten years. Professor Sarat argues that this limbo for death row inmates causes unnecessary suffering and reflects an appropriate reluctance to kill in the name of the state.

Amherst professor Austin Sarat describes how politicians have misused the term “lynching” for their own political purposes, thereby threatening to dilute its meaning. Professor Sarat praises President Biden for signing into law the Emmett Till Antilynching Act and calls upon the president and Attorney General Merrick Garland to use its historic passage to put the full weight of the federal government behind efforts to stem the epidemic of hate crimes plaguing this country.

Amherst professor Austin Sarat explains how the U.S. Supreme Court’s recent decision in Ramirez v. Collier demonstrates how the conservative Justices prioritize religious freedom over all other values, even speedy executions. Professor Sarat points out that the decision is just the latest waystation on the Court’s determined journey to put religion at the center of American life.

Amherst professor Austin Sarat describes how courts in Europe, when faced with the question whether to extradite an escaped convict to the United States, have expressed greater concern about the conditions of American prisons than do American courts or legislatures. Professor Sarat argues that it is time for American courts to redress prison conditions and ensure that when we send someone to prison, we respect and protect their constitutional rights.

Amherst professor Austin Sarat argues that the Texas Supreme Court has consistently advanced a “mean-spirited” version of federalism that is the antithesis of what the Founders wanted. Professor Sarat points out that the mean-spiritedness was on display when the Texas legislature enacted S.B. 8, which does not allow legal abortions in cases of rape or incest, and when the state supreme court upheld the enforcement of that law.

Amherst professor Austin Sarat comments on the ongoing federal trial in Oklahoma challenging that state’s lethal injection protocol. Professor Sarat describes Oklahoma’s history with the death penalty and explains why this particular case is so noteworthy.

Amherst professor Austin Sarat describes the ethical quandary capital defense lawyers face when they have to, under the Supreme Court’s current methods of execution jurisprudence, suggest an alternative readily available method to execute their clients. Professor Sarat argues that the only way to eliminate this ethical quandary is to end the practice altogether, particularly in light of the current Court’s apparent hostility to arguments of death row inmates.