Analysis and Commentary on Politics
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.

A Year After the Capitol Insurrection, the Threat is Coming from Inside the Building

In light of the approaching one-year anniversary of the January 6 Capitol Insurrection, Cornell law professor Michael C. Dorf argues that the next assault on American democracy could come from within the Capitol and other institutions of American democracy. Professor Dorf points out that the phrase “political violence” is an oxymoron in the context of a democracy; to practice democratic politics is to accept a common set of ground rules for resolving policy disputes peacefully, and when the loser of an election uses violence to try to change the result, democratic politics ceases functioning.

Prosecuting Trump May Be Right but Unwise

Amherst professor Austin Sarat explains why, even if there is a strong legal case for prosecuting former president Donald Trump for inciting the January 6 insurrection, doing so may not be the wisest thing to do. Professor Sarat suggests that the Attorney General can and should put together a record for history to judge, but going forward with even a well-grounded prosecution of Trump would almost certainly turn him into a martyr and bring this country ever closer to the abyss it is already fast approaching.

Repealing the Republicans’ Attack on State and Local Taxes Is Good Politics and Progressive Policy

UF Levin College of Law professor and economist Neil H. Buchanan explains the legal and policy reasons for reinstating the state and local taxes (SALT) deduction that Republicans severely limited in 2017. Professor Buchanan argues that the purpose of limiting the SALT deduction was to harm poor people in states that had robust social spending programs, so Democrats should unapologetically seize the opportunity to undo any unconstitutional provision designed in the first place as a political hit job.

Democrats Should Accept Mitch McConnell’s Debt Ceiling Offer as a Holiday Gift

Cornell Law professor Michael C. Dorf explains why Democrats should accept without further delay Senator Mitch McConnell’s offer of a streamlined process to pass a debt ceiling increase via the reconciliation process. Professor Dorf points out that due to opposition to filibuster reform by Democratic Senators Joe Manchin and Kyrsten Sinema, this is the only way to avoid an economic catastrophe as a result of the debt ceiling crisis.

Democracy Is Dying, But We Do Not Have to Lose Our Souls

UF Levin College of Law professor and economist Neil H. Buchanan explains why the present political situation is somewhat like the plot of Stanley Kubrick’s “Paths of Glory,” in that a supposedly preferable solution involves throwing powerless people to the wolves, simply for other people’s benefit.

Alito, Texas Abortion and the Shadow Docket: Déjà vu All Over Again?

Amherst professor Austin Sarat and former federal prosecutor Dennis Aftergut comment on the U.S. Supreme Court’s increasing tendency to decide high-profile and far-reaching cases via its “shadow docket”—without oral argument or full briefing. Professor Sarat and Mr. Aftergut point out that recent remarks by Justice Samuel Alito reinforce the view that the Court has a partisan agenda that is increasingly out of step with the beliefs and values of the American people.

Is Democratic Gerrymandering of New York’s Congressional Delegation Hypocritical? Perhaps, But Unilateral Disarmament is Worse

Cornell Law professor Michael C. Dorf argues that Democrats may be justified in gerrymandering New York’s congressional districts even as they complain about gerrymandering by Republican-controlled state legislatures in Texas, Wisconsin, and elsewhere. Professor Dorf points out that it is sometimes but not always hypocritical to seek to change the law but continue to engage in behavior inconsistent with the change one seeks, and in the case of political gerrymandering, failure to do so amounts to unilateral disarmament.

The “Americans Are Not Deadbeats Act”: Republicans Have Given Democrats a Gilded Political Path to Killing the Debt Ceiling

UF Levin College of Law professor and economist Neil H. Buchanan argues that Democrats have a clear path to eliminating the debt ceiling crisis once and for all. Professor Buchanan explains that the Democrats should employ the so-called Gephardt Rule, under which the debt ceiling is increased automatically as part of every taxing and spending bill that Congress passes.

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 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

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