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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Amherst professor Austin Sarat explores the paradoxical status of the death penalty in California, highlighting its high number of death row inmates and new sentences despite a moratorium on executions and a progressive stance. Professor Sarat contrasts this with Texas’s declining death penalty numbers, emphasizing the complex political landscape in California where local prosecutors and public opinion continue to support capital punishment, creating challenges for abolitionists trying to effect change.

Amherst professor Austin Sarat discusses President Donald Trump’s disregard for legal and constitutional constraints during his first week in office, marked by actions such as attempting to alter birthright citizenship and dismissing inspectors general unlawfully. Professor Sarat argues that these lawless actions are a deliberate strategy to test the checks and balances of the U.S. constitutional system, warning that a lack of pushback from other branches of government could pave the way for authoritarianism.

Amherst professor Austin Sarat discusses President Joe Biden’s issuance of preemptive pardons to various public figures including January 6 Committee members, General Mark Milley, and Dr. Anthony Fauci in anticipation of potential persecution under Donald Trump’s incoming administration. Professor Sarat argues that while these pardons are unprecedented in being used as protection against a successor president, they are legally sound and represent a justified response to genuine threats of political persecution rather than, as some critics suggest, an undermining of democratic norms.

Attorney Lauren Stiller Rikleen and Amherst professor Austin Sarat analyze Supreme Court Chief Justice John Roberts’s 2024 Year-End Report and examine his pattern of using historical references in his annual reports from 2021 to 2024. Ms. Rikleen and Professor Sarat argue that Roberts uses selective historical examples and appeals to judicial independence as rhetorical devices to deflect attention from ethical concerns within the Supreme Court, particularly regarding Justice Clarence Thomas’s alleged ethical lapses and Roberts’s own refusal to enforce stronger ethical standards for the Court.