Analysis and Commentary on Politics
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.

Should Justices Alito and Thomas Be Impeached?

Amherst professor Austin Sarat discusses the recent impeachment articles filed by Representative Alexandria Ocasio-Cortez against Supreme Court Justices Samuel Alito and Clarence Thomas, providing historical context for impeachment of Supreme Court Justices and examining the specific allegations against Alito and Thomas. Professor Sarat argues that while the impeachment is unlikely to succeed, it is justified given the Justices’ ethical transgressions, and it serves as an important condemnation of their conduct and a reminder of the need to uphold democratic principles and the integrity of the Supreme Court.

A Deep Dive Into Project 2025’s Plan to Subvert the Rule of Law and Use the Department of Justice as an Instrument for Political Oppression

Criminal defense attorney Jon May examines Project 2025, a plan developed by conservative organizations to overhaul the Executive Branch, with a focus on its potential impact on the Department of Justice under a second Trump administration. Mr. May argues that Project 2025 is a roadmap for subverting the rule of law and transforming the DOJ into an instrument of political oppression, warning that its implementation would lead to authoritarian control, the politicization of law enforcement, and a threat to democratic principles.

Biden and the Democrats Who Are Backing Him Need to Stop with the Self-Righteousness: The Stakes Are Too High

Law professor and economist Neil H. Buchanan discusses the debate within the Democratic Party about whether President Joe Biden should continue as the nominee for the 2024 presidential election. Professor Buchanan argues that those calling for an open discussion about potentially replacing Biden are being unfairly attacked and silenced by Biden supporters and contends that having this conversation is crucial for the party’s chances of defeating Donald Trump and preserving American democracy.

Does the Biden Stay-or-Go Debate Matter If We Are Already a Dead Democracy Walking?

Law professor and economist Neil H. Buchanan discusses the potential outcomes of the 2024 U.S. presidential election, focusing on Joe Biden’s performance in a recent “non-debate” event and the broader implications for the Democratic Party and American democracy. Professor Buchanan argues that even if Biden is replaced as the Democratic nominee, Republican efforts to manipulate the electoral system and a heavily biased Supreme Court make a Trump presidency likely regardless of the election results, but he emphasizes that Democrats should still strive to win legitimately to strengthen future resistance against autocratic rule.

Why Amending the Constitution Is the Right Response to the Supreme Court’s Presidential Immunity Decision

Amherst professor Austin Sarat discusses the recent U.S. Supreme Court decision granting presidential immunity from prosecution for official acts and proposes a constitutional amendment as a response. Professor Sarat argues that pursuing a constitutional amendment to overturn this decision is the best way to engage the American people in defending democracy, reaffirming commitment to constitutional governance, and resisting judicial supremacy.

What Would the Framers Do?

University of Pennsylvania professor Marci A. Hamilton examines the current U.S. presidential candidates, Donald Trump and Joe Biden, through the lens of the Founding Fathers’ constitutional principles and concerns about tyranny and abuse of power. Professor Hamilton argues that neither candidate is suitable for the presidency based on the Framers’ ideals, with Biden potentially leading to an ineffective government due to age-related issues and Trump posing a threat to democracy through his authoritarian tendencies, ultimately suggesting that voters should reject both options.

Debate Moderators Should Ask Both Candidates About Political Violence

Amherst professor Austin Sarat discusses the current state of political violence in the United States, focusing on recent polls, statements from political leaders, and the impact on public officials. Professor Sarat argues that there is an alarming asymmetry in the acceptance of political violence, with MAGA Republicans more likely to endorse it; he calls for addressing this issue through education, electoral efforts, and legal accountability, while urging presidential debate moderators to question candidates on this critical topic.

With the End of Its 2023-24 Term in Sight, the Supreme Court Has Not Been Particularly Partisan or Aggressive This Year, Even as it Has Had No Choice but to Take Certain High-Profile Cases (In Part Because of an Out-of-step Lower Court, the Fifth Circuit Court of Appeals)

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone examine the current term of the U.S. Supreme Court, addressing common criticisms that the Court has become a partisan, far-right institution aggressively pushing a conservative agenda. Professors Amar and Mazzone argue that, contrary to these criticisms, the Court’s decisions in the 2023-24 term have not been consistently conservative or partisan, and that many of the high-profile cases were essentially thrust upon the Court rather than actively sought out, suggesting a more nuanced and less ideologically driven approach than critics claim.

The Upcoming Supreme Court Decisions Will Influence How Independents Vote in 2024

Amherst professor Austin Sarat discusses the shifting sentiments of independent voters in the 2024 U.S. presidential race, examining recent polls, historical trends, and potential influencing factors such as upcoming Supreme Court decisions. Professor Sarat suggests that independent voters could play a crucial role in determining the election outcome, with recent polls showing a swing towards Biden, while also noting that the views of these voters remain malleable and could be significantly affected by future events, particularly Supreme Court rulings on key issues.

Hunter Biden’s Woes Reveal Joe Biden’s Character and the Kind of Father He Is

Amherst professor Austin Sarat examines how President Joe Biden has handled his son Hunter Biden’s legal troubles and what it reveals about the President’s character. Professor Sarat argues that throughout Hunter’s struggles, Joe Biden has demonstrated unfailing loyalty, love, and self-restraint—important character traits for a leader—and that voters can be assured of the President’s strong character based on how he has responded to this challenging situation.

An Insurrection by Other Means: Will Lawyers Lead the Next Coup Attempt?

Amherst professor Austin Sarat discusses the potential threat to the U.S. Constitution and rule of law posed by a second Trump presidency, as indicated by the statements and plans of Trump and his allies. Professor Sarat argues that defenders of democracy must take seriously what Trump’s advisors are saying about their intentions to radically transform the constitutional order, and be prepared to resist their efforts to subvert long-established legal norms and principles.

Justice Barrett May Serve as a Bridge Between Ideological Sides in the Trump Presidential Immunity Case

Criminal defense attorney Jon May discusses the oral argument the U.S. Supreme Court heard on April 25, 2024, regarding Donald Trump’s argument that the “January 6” case against him should be barred by presidential immunity. Mr. May argues that while some Justices are concerned about the implications of limiting presidential immunity, Justice Barrett’s approach of distinguishing between official acts done in the national interest and the misuse of presidential power for personal gain is a workable solution that would allow the prosecution of Trump’s actions on January 6 without negatively impacting future presidents making difficult decisions.

Is Criminal Prosecution Destined to Become a Regular Tool of Political Combat in the United States?

Amherst professor Austin Sarat discusses the reactions of former President Trump and his allies to his conviction in the New York hush money trial, including their claims that the prosecutions against him are politically motivated and their threats to retaliate with prosecutions against Democrats if Trump is re-elected. Professor Sarat argues that these false allegations and threats represent a dangerous escalation in the MAGA campaign to discredit the rule of law and turn criminal prosecution into a tool of political combat, which would undermine fundamental freedoms and allow future presidents to target individuals based on their political views rather than actual crimes committed.

The Day After the Trump Trial Verdict

Amherst professor Austin Sarat discusses the potential outcomes and implications of the jury’s verdict in Donald Trump’s hush money and election interference trial in New York. Professor Sarat argues that regardless of the verdict, Trump has been more effective than his critics in shaping public opinion about the trial’s fairness, which may have significant consequences for the 2024 presidential election and beyond.

This Country’s Legal and Political Institutions Are in Trouble, and Trump Likes It That Way

Amherst professor Austin Sarat discusses former President Donald Trump’s recent attacks on the legal system and Congress, highlighting how his rhetoric exploits and exacerbates the American public's growing mistrust and disillusionment with these institutions. Professor Sarat argues that even if Trump is defeated in the upcoming election, the U.S. must address the underlying issues causing this vulnerability in order to restore public confidence and ensure the survival of American democracy in the face of Trumpism.

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