Analysis and Commentary on Politics
Not All Scandals Are Created Equal: The CIA vs. the IRS

George Washington law professor and economist Neil Buchanan describes the starkly different political responses to the revelation of wrongdoing by the IRS earlier this year, and the more recent Senate Intelligence Committee’s “torture report.” Buchanan argues that this contrast illustrates how politicians too often overreact to non-news yet refuse to respond to truly horrifying news.

The New Torture Report: Expect Little Other Than Talk

Former counsel to the president John W. Dean discusses the recent report by the U.S. Senate Select Committee on Intelligence describing the CIA’s use of torture to interrogate suspected terrorists. Dean predicts that the report will not likely lead to any prosecutions or policy changes, but instead might only result in the more frequent torture of Americans captured around the world.

Disdainful Economists, Hubristic Jurists, and Fanatical Republicans: A Recipe for Single-Payer Health Care?

George Washington University law professor and economist Neil Buchanan explains why recent events detracting from the Affordable Care Act might lead to serious consideration of a single-payer health care system. Buchanan includes in his discussion the Supreme Court’s recent decision in NFIB v. Sebelius, a careless statement by economist Jonathan Gruber, and the upcoming challenge of it before the Supreme Court, King v. Burwell.

A Special Counsel to Investigate the IRS Targeting of Tea Party Groups

Chapman University law professor Ronald Rotunda discusses the need for the Attorney General to appoint Special Counsel to investigate IRS misconduct. Rotunda argues that by appointing Special Counsel, the Attorney General can restore America’s faith in the nonpartisanship of the Internal Revenue Service.

Suing the President

Chapman University law professor Ronald Rotunda discusses on the lawsuit against President Obama and explains the issue of judicial standing to sue the President for exceeding his constitutional authority. Rotunda points to the U.S. Supreme Court’s recent decision in United States v. Windsor, the case in which the Court struck down Section 3 of the Defense of Marriage Act, as supporting standing for the new case against the President.

Thoughts On Nixon’s Resignation

For the fortieth anniversary of former President Richard Nixon’s resignation, John Dean, a Justia columnist and former counsel to the president, offers some thoughts and a preview of his newly released book, The Nixon Defense: What He Knew and When He Knew It. As Dean explains in this adapted preface to the book, the narrative is based on actual White House recordings of Watergate-related activities, which Dean himself listened to and transcribed.

Nixon’s Uses, Abuses and Muses on the Supreme Court

John Dean, former counsel to the president, describes former President Richard Nixon’s views of, and influence on, the U.S. Supreme Court. In the process, Dean reveals some tidbits of information about Nixon that he discusses in greater depth in his upcoming book, The Nixon Defense: What He Knew and When He Knew It.

Why Laffer Lingers: Tax Cut Snake Oil Is Still for Sale

George Washington law professor and economist Neil Buchanan explains why large numbers of people continue to believe erroneously that tax cuts result in greater tax revenues. Buchanan argues that the only real-life examples that seem to support the notion are cherry-picked and anecdotal evidence. He concludes that the claim that tax cuts are self-financing is only barely plausible as a matter of logic, and it has been disproven over and over again by both conservative and liberal economists alike.

Did the Supreme Court Err by Rejecting Political Deadlock as a Basis for Recess Appointments?

Cornell University law professor Michael Dorf comments on the U.S. Supreme Court’s recent decision in NLRB v. Noel Canning, in which the Court unanimously invalidated President Obama’s 2012 appointment of three members of the National Labor Relations Board. Dorf discusses the differences between rationales and implications of the five-Justice majority opinion authored by Justice Breyer and those of the four-Justice concurrence authored by Justice Scalia. Dorf argues that the Court’s rejection of political deadlock as a basis for recess appointments could prove to be an important weapon anytime the majority in the Senate is actively hostile to the President.

Was It Really a Tea Party Election Upset of House GOP Leader Eric Cantor?

Former counsel to the president John W. Dean comments on the recent surprise defeat of House GOP Leader Eric Cantor in his reelection bid for his Virginia congressional seat. Despite some preliminary claims that the election signifies a resurgence of Tea Party activism, Dean suggests taking a hard look at Cantor’s defeat to better and fully understand why he lost. Other factors such as Democrats’ cross-over voting, Dean argues, could have played a role in Cantor’s defeat.

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 both Osgoode Hall... 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