Amherst professor Austin Sarat comments on the Social Security Administration’s politically-charged email praising Trump’s “One Big Beautiful Bill Act” and its supposed tax relief for seniors—a departure from the agency’s traditional independence. Professor Sarat argues that the SSA’s misleading email represents a betrayal of public trust and the agency’s mission, serving Trump’s personal branding agenda while failing to address Social Security’s actual funding crisis or accurately describe the legislation’s limited benefits.
Illinois Law professors Lesley M. Wexler and Jennifer Robbennolt examine how President Donald Trump reverses the traditional role of public apologies by refusing to apologize for state wrongdoing while demanding apologies from lawful actors like media outlets, universities, and government officials. Professors Wexler and Robbennolt argue that this pattern reflects authoritarian logic that undermines truth, accountability, and democratic values, and they urge non-wrongdoing actors to resist these coerced apology demands to preserve the rule of law and democratic institutions.
Amherst professor Austin Sarat examines Vice President JD Vance’s brief June 20 visit to Los Angeles, which lasted just 4.5 hours and included minimal time at federal operations centers but ample time for media appearances and political events. Professor Sarat argues that Vance has abandoned the traditional role of political leadership in promoting the public good and unity, instead embracing divisive rhetoric, racist provocations, and inflammatory attacks on political opponents that exemplify the Trump administration’s politics of provocation rather than serious governance.
Cornell Law professor Michael C. Dorf examines the most recent Supreme Court term, arguing that while it lacked the blockbuster decisions of previous years, it revealed the Roberts Court’s deeply conservative nature and troubling approach to the Trump administration. Professor Dorf argues that the conservative supermajority either fails to recognize or actively shares Trump’s authoritarian goals, treating him like a normal president and facilitating his attacks on the rule of law rather than confronting the unprecedented threat he poses to constitutional democracy.
Amherst professor Austin Sarat examines the case of Vance Boelter, who allegedly murdered Minnesota state Rep. Melissa Hortman and her husband and attempted to murder Sen. John Hoffman and his wife in politically motivated attacks targeting elected Democrats. Professor Sarat argues that despite the horrific nature of these crimes, federal prosecutors should not seek the death penalty in Minnesota, which abolished capital punishment over a century ago and whose citizens would likely reject it.
UC Davis Law professor Vikram David Amar and professor emeritus Alan E. Brownstein discuss the importance of applying constitutional principles consistently across different political contexts, using examples from free speech, federalism, and equal protection cases. Professors Amar and Brownstein argue that constitutional interpretation should follow a “Golden Rule” principle—applying the same legal standards regardless of whether the outcome favors one’s own political preferences—though they acknowledge this is difficult because it requires people to subordinate their substantive desires for the sake of even-handed constitutional application.
Illinois Law professor Matthew W. Finkin draws a detailed historical comparison between Donald Trump’s 2025 actions as U.S. president and key elements of the Nazi regime’s early consolidation of power, highlighting parallels in civil service purges, governmental structure, legal subordination, and ideological control. Professor Finkin argues that Trump’s efforts to reshape American institutions through loyalty tests, executive overreach, and propaganda echo dangerous authoritarian patterns, raising concerns about the erosion of democratic norms and the potential for a similar “seizure of power” unless checked by the judiciary and public resistance.
Cornell Law professor Michael C. Dorf evaluates the constitutional and legal abuses committed by Donald Trump during his second term as president, based on a New York Times survey of 35 legal scholars. Professor Dorf argues that Trump’s actions, which include undermining judicial authority, dismantling federal institutions, and enforcing loyalty over law, threaten to transform the United States from a flawed constitutional democracy into an autocratic kleptocracy.
UC Davis Law professor Vikram David Amar and professor emeritus Alan E. Brownstein discuss the Trump administration’s April 11 demand letter to Harvard University, which requires sweeping changes to the university's hiring and admissions practices to eliminate identity-based preferences and to mandate viewpoint diversity. Professors Amar and Brownstein argue that the letter is deeply incoherent and self-contradictory, as its rigid insistence on merit-based selection fundamentally conflicts with its simultaneous requirement for ideological and religious viewpoint diversity across all departments.
Cornell Law professor Michael C. Dorf critiques the Trump administration’s tariff policies and broader economic strategy, arguing that they are misguided in the face of rapidly advancing technology, particularly artificial intelligence (AI). Professor Dorf contends that instead of clinging to outdated protectionist policies, U.S. leadership should focus on preparing for the disruptive impact of artificial general intelligence (AGI) and artificial super intelligence (ASI) on employment and productivity, a challenge for which Donald Trump is uniquely unqualified.
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.
In this second of a two-part series of columns discussing Donald Trump and Republicans’ efforts to dismantle Social Security, University of Toronto visiting law professor and economist Neil H. Buchanan argues that despite public reassurances, Republican initiatives—especially those supported by figures like Elon Musk—are methodically weakening Social Security, threatening a vital, efficient, and historically successful program that prevents elder poverty and supports millions of Americans. Professor Buchanan contends that these efforts are based on false narratives, including misleading comparisons to Ponzi schemes and deceptive efficiency claims, all aimed at undermining public confidence in the system—particularly among younger generations—in order to justify harmful privatization schemes that would ultimately benefit Wall Street at the expense of working Americans.
University of Toronto visiting law professor and economist Neil H. Buchanan addresses the Trump administration’s attacks on Social Security, particularly through cutting the budget to force the system to deteriorate, and he debunks the false claim—recently amplified by Elon Musk—that Social Security is a Ponzi scheme. Professor Buchanan argues that Social Security is a sustainable, pay-as-you-go system that functions similarly to private banking and retirement savings, and that calling it a Ponzi scheme reflects a fundamental misunderstanding of both financial systems and economic sustainability.
Cornell Law professor Michael C. Dorf examines the Trump administration’s apparent disregard for judicial authority, focusing on its defiance of a court order prohibiting the use of the Alien Enemies Act for deportations and its broader pattern of legal manipulation. Professor Dorf argues that even if technical compliance with court rulings is maintained, the administration’s deceptive tactics and overt hostility toward judicial oversight severely undermine the rule of law and pose a grave threat to American constitutional democracy.
Cornell professor Joseph Margulies discusses President Donald Trump’s attempt to use Guantanamo Bay as a detention facility for migrants, highlighting the legal and logistical obstacles that make such plan infeasible. Professor Margulies argues that Trump’s real goal has never been about policy implementation but rather about shaping public perception—using Guantanamo as a symbol to dehumanize immigrants and redefine the national identity around exclusion.
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.
Hofstra Law professor James Sample examines President Donald Trump’s conduct that facilitates corruption, particularly the launch of a cryptocurrency scheme and the broader erosion of anti-corruption safeguards, including weakened bribery laws, de-prioritized enforcement of foreign influence regulations, and the dismissal of government watchdogs. Professor Sample argues that these actions, along with Supreme Court rulings limiting bribery prosecutions, have systemically undermined the rule of law, fostering an environment where public officials can engage in transactional governance that threatens democracy itself.
