Analysis and Commentary on Politics

Reversal of Reputation: How Dershowitz is Taking Liberties to Defend Trump

Dean Falvy, a lecturer at the University of Washington School of Law, critiques Alan Dershowitz’s The Case Against Impeaching Trump, finding that the book is essentially a defense brief for President Trump that largely lacks meaningful legal analysis. Falvy argues that the book won’t persuade any legal scholars, but if at least 34 members of the GOP Senate caucus buy Dershowitz’s argument, Trump will likely not be forced from office.

Girls…Will Not…Replace Us

Cornell law professor Sherry F. Colb argues that some people's belief in the trivial nature of sexual assault may go hand in hand with the belief that it never happened. Colb examines the relationship between denial and devaluation in other contexts, as well as in the context of gender oppression, and finds consistency in the thinking of people who hate or otherwise persecute others.

A Picnic, A Jew, and the Surrender of Critical Judgment

Cornell law professor Sherry F. Colb observes that we as a society have become extremely credulous for an era of cynicism and that we as individuals have divested ourselves of critical judgment, preferring instead to defer to people who share our political ideology or qualify for special status for some other reason. Colb considers what might be driving this deference and how we can combat it. She points out that constructive disagreement is healthy and that “viewpoints are not violence, disagreement is not hatred, and no one has a patent on the truth.”

What Kavanaugh Could Have Said, But Didn’t: “I Honestly Don’t Know What Happened, and I’m Willing to Accept the Senate’s Judgment”

GW Law professor and economist Neil H. Buchanan writes a letter that Supreme Court nominee Brett Kavanaugh could have written (but didn’t) in response to allegations that he sexually assaulted and attempted to rape a 15-year-old girl when he was a 17-year-old high school student. Using a fictional letter as a rhetorical device, Buchanan points out that Kavanaugh could have acknowledged that he, like anyone who has ever drunk to excess, does not recall exactly what he did or did not do while drunk, particularly on the night in question, but instead, Kavanaugh flatly denied that the allegations could be true. Buchanan argues that Kavanaugh’s response to the allegations demonstrates that he does not belong on the US Supreme Court.

Kavanaugh Must Consider Withdrawing: No More Liars on the High Court, Please!

John W. Dean, former White House counsel to President Richard Nixon, shares the statement he made to the Senate Judiciary Committee on September 7, 2018, during the confirmation hearings of Judge Brett Kavanaugh. Dean also argues that Judge Kavanaugh’s denials of lying under oath in his earlier 2004 and 2006 confirmation proceedings, and the fact that he must now lie under oath again to get confirmed to the Supreme Court, have disqualified him for the job.

Can a Vegan Win the Presidency?

Cornell law professor Michael C. Dorf considers whether a vegan generally, and New Jersey Democratic Senator Cory Booker specifically, would have a shot of winning the presidency in 2020. Dorf explains how food plays an important role in politics and considers whether the election of a vegan to the highest office in the land is likely to hurt or help the vegan movement.

Fear Itself: What Bob Woodward Finds in Trump’s “Crazytown”—and What He Doesn’t Look For

Dean Falvy, a lecturer at the University of Washington School of Law, critically reviews of Bob Woodward’s Fear: Trump in the White House (Simon & Schuster, 2018), finding that while the book adds considerable detail to our portrait of Trump’s behavior in office, it overlooks (or ignores) much of the larger picture of President Trump’s character, career, and presidency. Falvy takes a close look at both the substance and style of Fear, delving into the strengths and limitations of Woodward’s “free indirect” style of narrative as well as the substance of his insider interviews, especially that of Trump’s former personal attorney John Dowd. Falvy predicts that Dowd’s statement to Woodward that Trump is a habitual liar lays the groundwork for a final line of defense for Trump: that even Trump’s own statements cannot be reliable evidence of obstruction of justice or other crimes.

About That Op-Ed: Ideological Consensus Trumps Political Demagoguery

Cornell law professor Joseph Margulies explains how the recent anonymous op-ed published in The New York Times underscores the fundamental continuity between the Obama and Trump administrations on issues of national security. As Margulies observes, our approach to national security in the post-9/11 world has achieved hegemonic status, but we should hope that some future president might not share the same hegemonic view of transnational terror and instead may try to set national security on a different course.

Trump’s Unilateral Tax Cut Proposal for the Rich is a Political Gift to Democrats

GW Law professor and economist Neil H. Buchanan discusses why the recent announcement by the Trump administration that it is considering a unilateral tax cut for the rich would be a political gift to Democrats. Buchanan describes what the tax cut would do and explains that no one thinks that such legislation could pass, which is why Trump’s people are talking about this executive workaround.

What Senator Grassley’s Recent Exhortation to (Conservative) Justices to Retire Promptly Says About our Federal Judicial Selection System

Illinois Law dean and professor Vikram David Amar laments the present state of the federal judiciary system, recently illustrated by Senator Chuck Grassley's call to conservative Supreme Court justices to retire promptly. Amar explains why the proposal of term limits for Supreme Court justices would address some of the concerns of partisanship and would not present issues of judicial independence or due process.

The Simpsons, Roseanne, and the PC Dodge

George Washington law professor and economist Neil H. Buchanan comments on the entrance of popular TV shows into the political fray, especially (recently) “Roseanne.” Buchanan argues that for Roseanne Conner to be portrayed as a Trump supporter is inconsistent with her (fictional) character as developed over the years.

What California Voters Should Focus on When Voting on Tim Draper’s “CAL 3” Initiative

Illinois Law dean and professor Vikram David Amar comments on Tim Draper’s proposal to divide California into three separate state. Amar describes what the proposal would do and provides three levels of hurdles that will (and Amar argues should) make the proposal a difficult sell, particularly among rational Democrats, who make up the majority of California voters.

The Only Unpardonable Offense

Cornell University law professor Joseph Margulies expands upon a prior column in which he argued that all of President Donald Trump’s attacks thus far on Special Counsel Mueller are not actually a threat to the rule of law. Margulies considers two other scenarios: delegating the task of firing the special counsel, which Margulies argues does threaten the rule of law, and pardoning those convicted by the special counsel, which he argues does not.

Wait … Was the Sheriff of Nottingham Somehow the Good Guy?

George Washington law professor and economist Neil H. Buchanan explains why regressive taxes make Republicans “reverse Robin Hoods” by focusing on the core disagreement between those Republicans and everyone else about the ethics of taxation. Buchanan points out that the Republicans’ argument boils down to the tautology that rich people deserve what they have because they have it.

Lessons From the Gina Haspel Imbroglio

Cornell University law professor Joseph Margulies explains why we should withhold judgment about President Donald Trump’s nominee to head the CIA, Gina Haspel. Margulies points out that, notwithstanding what we do know about Haspel’s role in facilitating torture at CIA black sites, there is much information we still do not yet know that could inform our assessment of her. He calls upon both the Left and the Right to reduce knee-jerk reactions and instead seek to make careful assessments based on complete information and facts.

The Damage in the Wake of the Non-Scandal at the IRS

George Washington law professor and economist Neil H. Buchanan describes how Republicans' unjustified war on the Internal Revenue Service and attempts to defund it have incidentally caused all charitable organizations to suffer. Buchanan recounts the non-scandal involving the IRS and highlights the inconsistencies in Republicans' rhetoric as to that incident-which led to dire consequences not just for honest taxpayers but for legitimate charitable groups and the people who would like to support them.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington U... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in con... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Befo... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of L... more

Marci A. Hamilton
Marci A. Hamilton

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family Pavi... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior... more