Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.

Professor Sarat founded both Amherst College’s Department of Law, Jurisprudence, and Social Thought and the national scholarly association, The Association for the Study of Law, Culture, and the Humanities. He is former President of that Association and has also served as President of the Law and Society Association and of the Consortium of Undergraduate Law and Justice Programs.

He is author or editor of more than ninety books including Lethal Injection and the False Promise of Humane Execution (Stanford University Press, 2022), The Death Penalty on the Ballot: American Democracy and the Fate of Capital Punishment (Cambridge University Press, 2019), The Lives of Guns (Oxford University Press, 2018), and Gruesome Spectacles: Botched Executions and America’s Death Penalty (Stanford University Press, 2014).

He is editor of the journal Law, Culture and the Humanities and of Studies in Law, Politics, and Society

Professor Sarat has received numerous prizes and awards including the Harry Kalven Award given by the Law Society Association for “distinguished research on law and society”; the Reginald Heber Smith Award given biennially to honor the best scholarship on “the subject of equal access to justice”; the James Boyd White Award, from the Association for the Study of Law, Culture, and the Humanities, given for distinguished scholarly achievement and “outstanding and innovative” contributions to the humanistic study of law; and the Hugo Adam Bedau Award, given to honor significant contributions to death penalty scholarship by the Massachusetts Coalition Against the Death Penalty.

His public writing has appeared in such places as The New Republic, The Guardian, The Boston Globe, The Cleveland Plain-Dealer, The National Law Journal, Slate, The Providence Journal, The Los Angeles Times, The American Prospect, Aljazeera America, US News, CNN, Politico, The Conversation, and The Daily Beast. He has been a commentator or guest on HuffPost Live, The Morning Briefing on Sirius Radio, All Things Considered, Morning Edition, The Rick Ungar Show, Democracy Now, ABC World News Tonight, All in with Chris Hayes, The Point with Ari Melber, and The O’Reilly Factor.

Columns by Austin Sarat
The Weaponization of Justice About Which Joe Biden Complained Will Look Like Child’s Play if Pam Bondi and Kash Patel Have Their Way

Amherst professor Austin Sarat discusses President-Elect Donald Trump's nomination of Pam Bondi and Kash Patel as potential attorney general and FBI Director, respectively, in his upcoming administration. Professor Sarat argues that these appointments signal Trump’s intention to weaponize the Justice Department and FBI for political revenge, warning that Hunter Biden’s allegedly unfair prosecution could become commonplace for Trump’s opponents if Bondi and Patel are confirmed to these positions.

Another Execution, Another Assault on American Values—Indiana Won’t Allow the Press to Be Present When the State Kills

Amherst professor Austin Sarat discusses Indiana’s planned December 2024 execution of Joseph Corcoran and examines the state’s unusual policy of barring media witnesses from executions, with context about how other states handle media access to executions. Professor Sarat argues that Indiana’s media ban undermines transparency and public accountability, as journalists serve as crucial neutral observers who can document the government's most extreme action and inform the public about how their tax dollars are being used.

From Day One Donald Trump Will Be a Lame Duck President. Will That Just Free Him to Do Whatever He Wants?

Amherst professor Austin Sarat examines how the 22nd Amendment’s presidential term limits, originally passed to prevent another FDR-style extended presidency, affects second-term Presidents in general and Donald Trump’s anticipated second term in particular. Professor Sarat argues that term limits can paradoxically enable presidential overreach by freeing second-term Presidents from electoral accountability, suggesting this could be especially concerning in Trump's case given his stated plans to expand executive power.

Gavin Newsom’s Bold Play Reminds Us Why We Should Say Hurrah for States’ Rights and the Filibuster

Amherst professor Austin Sarat discusses how progressives should reconsider their traditional opposition to states’ rights (federalism) and the Senate filibuster in light of Donald Trump’s recent electoral victory. Professor Sarat argues that despite progressives’ historical criticism of these mechanisms, they should now embrace both federalism and the filibuster as valuable tools to resist and limit Trump’s agenda, just as they did during his first administration.

CNN Town Hall Reminds Us that Harris Would be a Cautious, Pragmatic, and Boring President. That’s Why Americans Should Vote for Her

Amherst professor Austin Sarat analyzes the contrasting decision-making styles and presidential temperaments of Kamala Harris and Donald Trump, as highlighted by Harris’s recent CNN Town Hall appearance. Professor Sarat argues that while Harris’s careful, pragmatic, and “boring” approach to leadership may lack charisma, it would be far preferable to Trump’s impulsive, inattentive, and narcissistic style that would make him dangerous in the role of President.

How Harris Can Use Biden’s Latest Gaffe to Her Advantage and Deliver an Invaluable Civics Lesson

Amherst professor Austin Sarat discusses President Biden’s recent controversial comment calling Trump supporters “garbage” and its impact on Vice President Harris’s presidential campaign, set against a broader context of inflammatory political rhetoric from both parties. Professor Sarat argues that Harris should forcefully denounce Biden’s remarks to both benefit her campaign and uphold democratic values, rather than merely distancing herself from the President.

JD Vance Delivered a Rhetorical Master Class in Refusing to Admit to the New York Times That Trump Lost the 2020 Election. That May be Good for Him, But It’s Bad for American Democracy

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.

Supreme Court Agrees to Hear a Case That Could Expand the Use of DNA Evidence in Capital Cases

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.

Last Week America Carried Out Its 1,600th Execution Since 1976. When Will the Madness Stop?

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.

Trump Uses a Speech About Anti-Semitism to List His Grievances Against Jewish People

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.

Does the Constitution Allow the Execution of an Innocent Person? Another Look at the Case of Richard Glossip

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.

Nebraska Supreme Court Should Not Stand in the Way of Ending Felony Disenfranchisement

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.

2024 Is Shaping Up to Be a “Tough vs. Tougher on Crime” Campaign

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.

What Is Happening to the Death Penalty in the Heartland Offers Lessons for All of America

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.

Deciding When to Hold Trump’s Sentencing Hearing Is Not Just a Legal Question

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.

Now Is the Time for Death Penalty Abolitionists to Join the Effort to End Life Without Parole Sentences

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.

Americans Should Not Be Afraid to Reform the Supreme Court

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.

Missouri Case is a Reminder That America Needs to Face Up to the False Conviction Epidemic in Death Cases

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.

South Carolina Contemplates Execution Brutality

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.

Neil Gorsuch’s Faux Populist Lament

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.