Republicans’ Blind Support for Trump Is NOT About Judges and Tax Cuts but About Bigotry and Raw Power

UF Levin College of Law professor and economist Neil H. Buchanan examines the flaws in the theory that Republicans’ support for Trump is about judges and tax cuts. Rather, Buchanan argues, they support his bigotry and his efforts to dismantle our democracy.

Incorrigibility of the Juvenile Offender

Cornell law professor Sherry F. Colb comments on a case the U.S. Supreme Court will consider this term that presents the question whether the Eighth Amendment ban on cruel and unusual punishment prohibits sentencing a juvenile offender to life without the possibility of parole. Colb considers the wisdom and constitutionality of imposing such a sentence on a person who was under 18 at the time of his crime.

Reflections on Our First Two Female Supreme Court Justices

In honor of the late Justice Ruth Bader Ginsburg, University of Pennsylvania professor Marci A. Hamilton and former clerk to Justice Sandra Day O’Connor, reflects on our country’s first two female Supreme Court Justices and their similarities and differences. Hamilton points out that a majority of Americans support a woman’s right to choose abortion in at least some circumstances and the right to contraception and warns the President and the Senate to think long and hard before they replace Ginsburg on the fly with a someone who is a threat to abortion and contraception.

Justice Ginsburg’s Parting Gift

Cornell law professor Joseph Margulies explains why the passing of Supreme Court Justice Ruth Bader Ginsburg last week should invigorate the left into seeking lasting change through the legislative and executive branches of government. Margulies points out that the myth of the Court as the ultimate defender of underrepresented minorities and the poor is, for much of the Court’s history, just a myth. He calls upon people everywhere to vote and make their will known, and he predicts that the Court will not stray far from the popular will.

What About the Bar Exam After the 2020 Dust Settles?

Illinois law dean and professor Vikram David Amar comments on some of the questions commentators and analysts are, or will soon be, asking—specifically why we have bar exams for legal licensure, and, assuming we retain them, what they should look like going forward. Amar observes the limitations of the so-called diploma privilege advocated by some and suggests that states adopt greater interstate uniformity in their bar exams, shift toward more performance (as opposed to memorization) exams, and move away from being so time pressured.

GOP-Packed Appeals Court Splits Hairs to Give Florida GOP a Victory Over Florida Voters

Cornell law professor Michael C. Dorf comments on a recent decision by the Eleventh Circuit sitting en banc, in which the court upheld Florida’s Section 0751, by which the Republican-controlled state legislature gutted a voter referendum that would have restored the right to vote to ex-felons in the state who had served their time. Dorf points out that the court’s vote was split based on the party of the President who appointed them and argues that the majority exhibited an attitude of “petty sticklerism,” invoking formalistic and reality-denying reasons to rule as it did.

A Deeply Misguided Fifth Circuit Ruling on Voting Rights and the Twenty-Sixth Amendment

Illinois law dean and professor Vikram David Amar comments on a recent decision by a divided three-judge panel of the Fifth Circuit holding that a Texas vote-by-mail law that prefers people who are 65 or older does not violate the Twenty-Sixth Amendment of the federal Constitution. Amar explains why the decision is “deeply misguided” and runs counter to the clear words of the Constitution.

William Barr Uses Victims and Their Families to Prop Up America’s Failing Death Penalty System

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—argues that Attorney General William Barr erroneously characterizes the families of victims of violent crimes as a homogeneous group unified in their support of the death penalty. Sarat points out that, in fact, some families of victims oppose the application of the death penalty (for a variety of reasons), so by trying to justify the reinstatement of the federal death penalty as bringing closure to victims and their families, Barr and his political allies are simply using these victims and their families to support his political ends.

Law and Non-Legal Entitlements: Kate Manne’s Entitled: How Male Privilege Hurts Women

Illinois law professor Lesley Wexler comments on philosopher Kate Manne’s recent book, Entitled, in which Mann tackles “privileged men’s sense of entitlement” as a “pervasive social problem with often devastating consequences.” Wexler praises Manne’s work as “illuminating” and calls upon lawyers and law scholars to ask how such entitlements might best and safely be challenged and reallocated, and how new more egalitarian entitlements might be generated and enforced.

When Do Ministers Win and Lose?

UNLV Boyd School of Law professor Leslie C. Griffin describes the legal landscape after the U.S. Supreme Court’s July 2020 decision in Our Lady of Guadalupe School v. Morrissey-Berru, in which the Court took an expansive view of the ministerial exception. Griffin describes two recent decisions by U.S. Courts of Appeals ruling in favor of an employee and against a religious employer, demonstrating that ministers still have a chance (albeit a small one) of winning their antidiscrimination lawsuits.

The Right to Be Judged by What You Do, Not Who You Are

Cornell law professor Sherry F. Colb considers the case for occasionally including status—“who you are”—in assigning blame in criminal matters. Colb explains that generally, our penal system prohibits “status offenses,” but sometimes, such as in the case of psychopaths, we are comfortable deciding how to punish a person based at least in part on who they are.

Lies, Damned Lies, and Statistics U.S. Senator Ted Cruz Takes to the Internet with False Claims about Childbirth and Abortion

SMU Dedman School of Law professor Joanna L. Grossman debunks a tweet by Texas Senator Ted Cruz about childbirth and abortion. Grossman describes how, contrary to Cruz’s claims, pregnancy is dangerous, Mifeprex has only minor potential side effects, and the risk of dying from childbirth is many times greater than the risk of dying from an abortion.

“Hi, I’m Richard, and I served 39 years for murder”

Cornell law professor Joseph Margulies comments on an essay by John J. Lennon, who is serving time in New York for murder, and a response by the sister of the murdered man responding to Lennon. Margulies points out that exceptional stories like Lennon’s set the bar too high, at the expense of the many who are ordinary.

Trump Swings His Wrecking Ball at Social Security

Neil H. Buchanan—UF law professor and economist—dispels some common misunderstandings about the future of Social Security but explains why President Trump’s recent comments are cause for concern. Buchanan explains why, contrary to claims by reporters and politicians, Social Security is not at the brink of insolvency, but points out that if Trump were to permanently eliminate payroll taxes, that would doom the program on which tens of millions of retirees depend.

Shinzo Abe’s Biggest Failure Is His Greatest Legacy: Preservation of Japan’s Anti-Military Constitutional Provision

In response to the news that Japan’s Prime Minister Shinzo Abe resigned due to health reasons, Cornell law professor Michael C. Dorf comments on Abe’s efforts to amend Article 9 of Japan’s Constitution, which was imposed on the country by Supreme Allied Commander Douglas MacArthur after World War II. Dorf describes one bad reason and two good reasons that have been offered for a change in Article 9, but he argues that the case for retaining Article 9 is stronger.

Drafted and Shafted: Who Should Complain About Male-Only Registration?

Cornell law professor comments on a recent opinion by the U.S. Court of Appeals for the Fifth Circuit holding that requiring men but not women to register for the draft is constitutional under mandatory U.S. Supreme Court precedents. Specifically, Colb considers what the U.S. Supreme Court should do if it agrees to hear the case and more narrowly, whether the motives of the plaintiffs in that case bear on how the case should come out.

The Biggest Threat to Herd Immunity Against COVID-19 May Be the Religious Freedom Restoration Act(s) and State Religious Exemptions

Marci A. Hamilton—a professor at the University of Pennsylvania and one of the country’s leading church-state scholars—argues that the biggest threats to herd immunity against COVID-19 are federal and state religious liberty statutes and religious/philosophical exemptions. Hamilton describes how the federal Religious Freedom Restoration Act (RFRA) and its state-law equivalents came to be in the United States, and she calls upon legislators at all levels to amend RFRA so that once we have developed an effective and safe vaccine, we might as a country develop herd immunity and prevent more unnecessary deaths.

America Has Failed

Cornell law professor Joseph Margulies describes a few of the ways in which America has failed its people—its inability to feed, house, and provide water for its poor, while at the same time finding tools to support and enrich its wealthy. Margulies paints a bleak picture of the number of Americans who will go hungry, be evicted, or lack indoor plumbing and access to clean, affordable water. In contrast, Margulies points out that the stock market—in which 84% of all stocks owned by Americans are held by the wealthiest 10%—has fully recovered.

Democracy Is on the Ballot: One Party Defends It, The Other Would Let It Die

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—explains why the 2020 Democratic National Convention was unlike any other political gathering in American history for reasons beyond its virtual platform. Sarat argues that the future of American democracy lies in the balance, and when we vote in November, it will be up to us whether democracy lives or dies.

Don’t Blame the SCOTUS DACA Ruling for Difficulties Undoing Trump’s Damage

Cornell law professor Michael C. Dorf responds to claims that the U.S. Supreme Court’s decision last term invalidating the Trump administration’s effort to rescind the Deferred Action for Childhood Arrivals (DACA) program license President Trump to take actions that will be difficult for a future Democratic administration to undo. Dorf argues that characterizing the ruling as a win for Trump and his executive power is far-fetched, and we should instead be concerned with the long-lasting damage to the environment and our nation’s foreign policy caused by the Trump administration.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... 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

MARCI A. HAMILTON is the Fels Institute of Government Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Austin Sarat
Austin Sarat

Austin Sarat is Associate Provost, Associate Dean of the Faculty and William Nelson Cromwell... more

Lesley Wexler
Lesley Wexler

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