Analysis and Commentary on Politics
Ten Thoughts on Illinois’s Unique Process for Filling State Supreme Court Vacancies

Illinois Law dean Vikram David Amar and professor Jason Mazzone offer ten thoughts on Illinois’s unique process for filling state supreme court vacancies. Dean Amar and Professor Mazzone describe some of the advantages and disadvantages of Illinois’s process, and they compare and contrast it to other similar processes in government.

With Women’s Lives on the Line, a Senate Vote Today Will Expose Collins and Murkowski on Choice

Former federal prosecutor Dennis Aftergut comments on today’s Senate vote over whether to codify Roe v. Wade—particularly the positions of Senators Susan Collins and Lisa Murkowski, who claim to be pro-choice but seem poised not to support the bill. Mr. Aftergut describes the two competing Senate bills and explains that the key difference is whether the bill will be exempt from the filibuster.

Is ‘The Handmaid’s Tale’ a Pre-Documentary? What an Autocracy—Theocratic or Otherwise—Looks Like: Part Two in a Series

In this second of a two-part series of columns, UF Levin College of Law professor and economist Neil H. Buchanan explains why “The Handmaid’s Tale” is a pre-documentary—not in that it predicts what literally will happen in the United States, but in that it accurately describes America’s shift toward becoming a dystopia. Professor Buchanan points out that the mechanisms are already in place for an autocratic government to dispossess citizens of their property, and the rest can be changed at will.

New Homeland Security Report Reminds Us Of Trump and Putin’s Disinformation Alliance

Former federal prosecutor Dennis Aftergut comments on a report by the U.S. Department of Homeland Security’s Inspector General that in mid-2020, Trump administration officials in that department delayed and altered an intelligence study reporting on Russian interference in America’s 2020 presidential election. Mr. Aftergut describes three reasons the DHS inspector general’s report is important and calls on all Americans to ensure the next Congress has a majority of representatives committed to preserving our constitutional republic.

Is ‘The Handmaid’s Tale’ a Pre-Documentary? The Surprisingly Interesting (and Scary) Financial Side of the Story

In this first of a two-part series of columns, UF Levin College of Law professor and economist Neil H. Buchanan explains why the financial situation in ‘The Handmaid’s Tale’ (specifically, the TV series version based on Margaret Atwood’s 1985 novel) is entirely possible in real life under current US law. Professor Buchanan points out that currency is merely a construct based on perceived value, and strategic changes in policies by an autocratic government could easily deprive anyone of money they think is “theirs.”

McCarthy Survives Having Told the Truth in an Upside Down House Republican Conference

Former federal prosecutor Dennis Aftergut comments on Wednesday’s GOP conference meeting in which House Minority Leader Kevin McCarthy attempted to distance himself from recorded comments he made immediately after the January 6 insurrection. Mr. Aftergut argues that the only way to keep our republic from falling apart is for journalists, public officials, and citizens to keep fighting for public truth.

Trump Gives An Interview That Will Have Investigators Licking Their Chops

Former federal prosecutor Dennis Aftergut discusses three things that former President Donald Trump said that potentially demonstrate evidence of a guilty mind trying to cover up his actions. Mr. Aftergut points out that anyone who is potentially the target of an investigation—as Trump is—should resist the impulse to speak out.

So-Called Cancel Culture Is a Vacant Concept, So It Can Be Turned Back Against the Culture Warriors

UF Levin College of Law professor and economist Neil H. Buchanan argues that the label of “cancel culture” is a vacant concept, but because of its now widespread use, we should overuse the phrase so as to dilute and mock it. Professor Buchanan points out that, despite current popular opinion, the right to speak is not the same as a right to have other people listen.

The Queen and the Pawns—Ketanji Brown Jackson

Kathryn Robb, executive director of CHILD USAdvocacy, praises Judge Ketanji Brown Jackson for her poise and grace during her Supreme Court confirmation hearing and points out the hypocrisy of Senators Ted Cruz and Josh Hawley, who sacrificed the true problem of child sexual abuse and child pornography and sharpen the issue for their own devices. Ms. Robb points out that their states—Texas and Missouri, respectively—have abysmal records when it comes to protecting children and calls upon the senators to focus instead on introducing legislation that offers real protection for children and young athletes, such as zero tolerance statute of limitations reform, Chapter 11 bankruptcy reform, and Title IX reform.

An Ex-U.S. Attorney Cuts to the Chase About Prosecuting Trump. Is Attorney General Garland Doing the Same?

Harvard Law professor Laurence H. Tribe and former federal prosecutor Dennis Aftergut comment on the model prosecution memo that former U.S. Attorney Barbara McQuade recently published describing how to indict former President Donald Trump for his criminal actions with respect to the 2020 presidential election. Professor Tribe and Mr. Aftergut explain why the memo is so effective, how it should influence Attorney General Merrick Garland, and why seeking an indictment is critical to preventing future lawless action.

Second Thoughts? How the Anti-Government Protests in Canada Affect Americans Who Might Want to Move There

UF Levin College of Law professor and economist Neil H. Buchanan continues his exploration of options available to Americans who are considering emigrating, considering whether the anti-government protests in Canada affect his calculus. Professor Buchanan argues that the recent news from Canada does not come close to tipping the balance toward staying the United States.

Mazars’ Resignation Shows Investigators Squeezing Trump’s Pocketbook Today, Not Just His Liberty Tomorrow

Former federal prosecutor Dennis Aftergut comments on the recent news that Mazars—Donald Trump’s long-time New York accounting firm—disclaimed the veracity of Trump’s financial statements. Mr. Aftergut explains that this development is particularly significant because it will likely threaten Trump’s ability to stay financially afloat, particularly amid other ongoing investigations into his conduct.

The DOJ Gets Aggressive in January 6 Prosecutions. Are Cases About the Pre-January 6 Coup Plot Next?

Former federal prosecutor Dennis Aftergut comments on recent revelations about how the Department of Justice is handling cases arising from the January 6 attack on the U.S. Capitol. Mr. Aftergut observes that the DOJ shows every intention of handling those cases aggressively.

Fighting Lies with Deceptions: Inflation Politics in 2022, Part Two

In this second of a two-part series of columns, UF Levin College of Law professor and economist Neil H. Buchanan explains that there is nothing a president can do to reduce inflation, but there are certain things a president should do to appear to be doing something. Professor Buchanan argues that Biden administration’s announcement that it will intensify the fight against monopolies serves precisely that purpose and achieves some good in the process.

Will Trump’s Narcissism Save the Republican Party and America?

Amherst professor Austin Sarat observes that former President Donald Trump’s narcissism and obsessive, compulsive refusal to talk about anything other than the 2020 election is beginning to turn off even some of his longtime allies. Professor Sarat argues that while Trump’s waning popularity might be bad for him and his most ardent supporters, it might save the Republican Party and the United States from Trump himself.

Why Conservatives Are Seeing the Light on Capital Punishment and Why They Should

Amherst professor Austin Sarat describes recent developments in Utah and Ohio, where conservative legislators have introduced bills that would end capital punishment in those states. Professor Sarat explains why, although conservatives have historically favored capital punishment, opposing it is more consistent with other conservative values, like opposing abortion.

The Supreme Court’s Stealth Attack on Expertise Helps Pave the Way for Authoritarianism

Amherst professor Austin Sarat and former federal prosecutor Dennis Aftergut point out that in the U.S. Supreme Court’s recent decision in National Federation of Independent Businesses v. Department of Labor, the conservative majority continues the right-wing assault on knowledge and expertise. Professor Sarat and Mr. Aftergut argue that the conservative attack on regulatory agencies and the expertise they represent is a classic indicator of creeping totalitarianism—the blurring of the distinction between fact and fiction.

Where Else to Move?

UF Levin College of Law professor and economist Neil H. Buchanan continues his consideration of where Americans privileged enough to be able to move might be able to go to escape an increasingly authoritarian United States. Professor Buchanan offers some additional thoughts about the United Kingdom (the focus of his last Verdict column) and explores the possibility of Canada. He points out that the problem of expatriation in response to political instability and violence directly or indirectly affects both those who move and those who remain behind.

Where to Move?

UF Levin College of Law professor and economist Neil H. Buchanan considers where, if anywhere, Americans looking to emigrate from a dying democracy might land. After pointing out that guns are the largest threat to safety in the United States and that practically anywhere else would be safer, Professor Buchanan considers whether the UK is a viable choice, given that the ugliness that has emerged in the United States is being mirrored there to a concerning degree.

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... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... 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... more

John Dean
John Dean

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

Michael C. Dorf
Michael C. Dorf

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

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... 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... more

Marci A. Hamilton
Marci A. Hamilton

MARCI A. HAMILTON is the Fels Institute of Government Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

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

Austin Sarat
Austin Sarat

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

Lesley Wexler
Lesley Wexler

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