Analysis and Commentary on Politics
The Chief Justice Roberts Who Stood Up Last Term Was More Interested in Advancing a Conservative Legal Agenda than Promoting Judicial Statesmanship: Part Two

In this two-part series of columns, Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines Chief Justice John Roberts’s leadership of the Supreme Court over multiple terms, focusing on his apparent dual objectives of balancing political attunement and advancing conservative ideology. In this second part, Professor Citron argues that Roberts re-established his control over the Court by successfully weakening the administrative state and expanding presidential immunity while simultaneously avoiding controversial decisions on gun rights and reproductive issues, ultimately demonstrating his ability to push a conservative agenda without incurring significant political backlash.

The Chief Justice Roberts Who Stood Up Last Term Was More Interested in Advancing a Conservative Legal Agenda than Promoting Judicial Statesmanship: Part One

In this two-part series of columns, Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines Chief Justice John Roberts’s leadership of the Supreme Court over multiple terms, focusing on his apparent dual objectives of balancing political attunement and advancing conservative ideology. In this first part, Professor Citron highlights Roberts’s judicial statesmanship in the 2019-20 term, particularly in cases involving Trump administration subpoenas, and contrasts this with the 2021-22 term, where the Court’s conservative shift raised questions about Roberts' control, especially following the overturning of Roe v. Wade.

It’s Time to Do More for Wanda

Kathryn Robb, National Director of the Children’s Justice Campaign at Enough Abuse, discusses Vice President Kamala Harris’s unusual mention of child sexual abuse during her Democratic National Convention speech and its broader implications for addressing this issue in America. Ms. Robb argues that while highlighting the problem is important, real change requires comprehensive action at all levels of society, including passing protective laws, implementing stricter policies in schools and youth organizations, and establishing federal initiatives to combat child sexual abuse and exploitation.

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.

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.

The Rebirth of a Kind of Birther Politics Shows Trump’s True Colors

Amherst professor Austin Sarat discusses Donald Trump’s recent comments questioning Vice President Kamala Harris’s racial identity and explores the broader context of racial politics in the United States. Professor Sarat argues that Trump’s remarks are part of a deliberate strategy to stoke racial resentment and fear among white voters, highlighting the stark choice facing Americans in the upcoming election between embracing diversity and inclusivity or endorsing divisive racial politics.

What Is This Thing, Unity? Part II

Cornell professor Joseph Margulies discusses the recent political developments in the United States, contrasting the Democratic Party’s rapid unity behind Kamala Harris with Donald Trump’s divisive rhetoric, and explores the implications of these different approaches for democracy. Professor Margulies argues that while short-term political unity can be beneficial in times of crisis, a healthy democracy should welcome policy disagreements without resorting to personal attacks, emphasizing the importance of focusing on issues rather than character judgments in political discourse.

Confused Appeals to Democracy, the Surprisingly Strong Harris Candidacy, and a Fair Assessment of Biden

University of Toronto visiting law professor and economist Neil H. Buchanan discusses the recent political developments in the United States, specifically Joe Biden’s decision to withdraw from the 2024 presidential race and Kamala Harris’s emergence as the likely Democratic nominee. Professor Buchanan argues that while this change has brought optimism to those opposing Trump, it also reveals flaws in arguments about democracy and party processes, criticizes both Republican and Democratic responses to the situation, and calls for a more nuanced view of Biden’s decision to step down.

Joe Biden’s Court Reform Journey Still Stops Short of Court Packing

Amherst professor Austin Sarat discusses President Joe Biden’s recent proposals for Supreme Court reform, including a constitutional amendment to reverse the decision on presidential immunity, term limits for Justices, and a binding ethics code. Professor Sarat notes that while these proposals mark a significant shift in Biden’s stance on Court reform, they stop short of embracing Court packing, which Professor Sarat suggests may be the most far-reaching response to the perceived crisis in the Supreme Court and the threat its conservative majority poses to democracy and the rule of law.

It’s Not Just the “Cat Ladies” Thing: Vance’s Disqualifying Misunderstanding of How Society Works

University of Toronto visiting law professor and economist Neil H. Buchanan critiques J.D. Vance’s performance as a vice-presidential candidate and his controversial statements about parenthood, family, and voting rights. Professor Buchanan argues that Vance’s views on parenthood and societal investment are deeply flawed, emphasizing that all individuals, regardless of parental status, have a stake in society’s future and that Vance's narrow understanding of human interdependence renders him unfit for leadership.

Second in Misogyny: How Sexism Pervades J.D. Vance’s Worldview

Stanford Law visiting professor Joanna L. Grossman and Boston University law professor Linda C. McClain discuss the sexist and misogynistic rhetoric employed by Donald Trump and J.D. Vance in their political campaigns, particularly focusing on their attacks against Vice President Kamala Harris. Professors Grossman and McClain argue that these attacks, which include criticizing Harris for being “childless” and labeling her a “DEI hire,” are part of a broader Republican strategy to reinforce patriarchal values and undermine women’s progress in politics and society.

Why Kamala Harris’s Experience as a Prosecutor Will Help Her Be a Good President

Amherst professor Austin Sarat discusses the potential presidency of Kamala Harris, focusing on how her experience as a district attorney and California’s attorney general might positively influence her performance in the Oval Office. Professor Sarat argues that Harris’s prosecutorial background will be beneficial for her presidency, citing her pragmatic approach to law enforcement, her ability to make difficult decisions, and the skills she developed in exercising prosecutorial discretion judiciously.

What Is This Thing, Unity? Part I

Cornell professor Joseph Margulies examines the concept of national unity, its meaning, and its implications in the context of recent calls for unity following tragic events. Professor Margulies argues that while unity on broad goals may be achievable, disagreement on means to achieve those goals is not only inevitable but also a healthy feature of democracy, challenging the notion that unity is always desirable or attainable in a diverse society.

The Republican National Convention Sends a Wake-Up Call to Elite Colleges and Universities: They Will Need to Fight for Their Survival if Donald Trump Wins in November

Amherst professor Austin Sarat discusses the potential threats to American higher education, particularly elite institutions, in the event of a Republican victory in the 2024 election. Professor Sarat argues that colleges and universities, especially prestigious ones, need to urgently develop a concrete political strategy to counter the GOP’s plans to reshape higher education through defunding, ideological attacks, and enforced “reforms” that could fundamentally alter their approach to education and threaten their survival.

A Fourth Tragedy of Political Violence

University of Toronto visiting law professor and economist Neil H. Buchanan discusses the aftermath of a recent shooting incident at a Donald Trump rally, exploring the various narratives, conspiracy theories, and political implications that have emerged. Professor Buchanan argues that the deeply polarized nature of current American politics makes it nearly impossible for people to agree on a shared understanding of events, potentially exacerbating political divisions and undermining the democratic process.

What Does It Mean to Reject Demonization?

Cornell professor Joseph Margulies discusses the concept of demonization in society, particularly in light of a recent attempted assassination of former President Donald Trump. Professor Margulies argues that rejecting demonization requires more than just avoiding certain language; it demands recognizing our own capacity for evil, abandoning the notion that eliminating a single person or group will solve all problems, and ultimately accepting that there is no “them,” only “us.”

Remembering Not to Forget

Amherst professor Austin Sarat discusses recent events in American politics, including a Supreme Court decision on presidential immunity, President Biden’s debate performance, and an assassination attempt on former President Trump. Professor Sarat argues that these events have been traumatic for the nation and warns against allowing them to induce collective amnesia about Trump’s past actions and rhetoric, emphasizing the importance of remembering the full context as the country approaches the 2024 election.

Three Tragedies of Political Violence

University of Toronto visiting law professor and economist Neil H. Buchanan discusses the recent shooting at a Trump rally and its implications for American politics and society. Professor Buchanan argues that the incident represents three interconnected tragedies: the personal loss of life and injury, the failure of the political system to prevent such violence, and the inability of the public to reach a consensus on what actually happened due to the current polarized and conspiratorial political climate.

Political Violence’s Potency

Cornell Law professor Michael C. Dorf discusses the variable effectiveness of political violence, particularly assassination attempts on political figures, and the challenges in preventing such acts. Professor Dorf argues that while political violence is widely condemned, it can sometimes achieve its intended goals, and that effective prevention requires not only heightened security measures but also stricter gun control laws, which the United States has been reluctant to implement.

The Trump Assassination Attempt Is the Latest Threat to America’s Already Fragile Democracy, But It Is Not the Only One.

Amherst professor Austin Sarat discusses the attempted assassination of former President Donald Trump and its implications for American democracy and political violence. Professor Sarat argues that this event, combined with ongoing efforts to undermine election integrity and the increasing acceptance of political violence, poses a significant threat to the stability of American democracy and the principles of free and fair elections.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at the University of... 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 Dwight D. Opperman Professor of Law and Director of the Center of Labor and... 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

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

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

Austin Sarat
Austin Sarat

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

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

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