California’s Efforts to Amend its Anti-Mask Law to Survive Judicial Challenge are Doomed to Fail: Why SB 1004 is No More Than Performative Politics

UC Davis Law professor Vikram David Amar discusses the California legislature’s attempt to salvage its law restricting federal law enforcement officers from wearing masks by introducing SB 1004 to achieve legal parity between state and federal agents. Professor Amar argues that this effort is performative and legally futile because the statute constitutes an unconstitutional direct regulation of federal operations under the Supremacy Clause, regardless of whether it is applied evenhandedly.

President Donald Trump, Viktor Orban, Kim Jong Un, Jesus Christ, and the Pope

University of Pennsylvania professor Marci A. Hamilton examines Donald Trump’s public projection of himself as a messianic figure, contextualizing this behavior within his interactions with other global leaders and religious authorities. Professor Hamilton argues that the American religious right is responsible for fostering Trump’s dangerous messiah complex and urges them to reckon with the authoritarian monster they have helped create.

Questions Left Open by SCOTUS Ruling in the Conversion Therapy Case

Cornell Law professor Michael C. Dorf examines the Supreme Court’s ruling in Chiles v. Salazar, which applied strict scrutiny to Colorado’s conversion therapy ban as applied to a licensed talk therapist, including the strategic reasoning that led Justices Kagan and Sotomayor to join the conservative majority. Professor Dorf argues that neither the limiting principles the Court articulated nor Justice Kagan's concurrence provide coherent guidance, leaving professional regulation—especially of lawyers—dangerously exposed to First Amendment challenges.

American Repatriation? Why Would Anyone Move Back, Especially Now?

Law professor and economist Neil H. Buchanan recounts his three-year experience emigrating through the Netherlands, Canada, and Ireland before returning to the United States. Professor Buchanan suggests that while the impulse to leave the US is understandable, expatriation is far more logistically grueling, expensive, and isolating than most people anticipate—and explains that these practical realities, rather than any resolution of the political concerns that drove him abroad, were central to his decision to return.

Punishing Protection: Why One Attorney Did What the Law Should Encourage

Child protection advocate Kathryn Robb discusses the sanctioning of attorney Richard Trahant for allegedly violating a protective order in the Archdiocese of New Orleans bankruptcy case, examining the tension between litigation confidentiality rules and child safety in institutional sexual abuse cases. Ms. Robb argues that broadly interpreted protective orders in such cases can function as instruments of institutional secrecy that endanger children, and she calls for narrowly tailored exceptions that prioritize child safety and align with mandatory reporting policies.

Israel’s Death Penalty Mistake

Amherst professor Austin Sarat examines Israel’s newly passed death penalty law for Palestinians convicted of murdering Israelis, situating it within broader historical, ethical, and international legal contexts. Professor Sarat argues that the law is a serious mistake—unnecessary, discriminatory, inconsistent with Israel’s own founding principles, and contrary to the country's potential to serve as a democratic and moral example in the region.

Issue Spotting for President Trump’s Executive Order Seeking to Regulate Mail-in Voting in Federal Elections

UC Davis Law professor Vikram David Amar examines the legal challenges facing President Donald Trump’s March 31, 2026 executive order directing federal agencies and states to cross-check voter lists against a federal citizenship registry to prevent non-citizen mail-in voting. Professor Amar argues the order rests on shaky constitutional footing because the Constitution assigns voter qualification authority to states rather than the President, the executive order’s primary statutory basis (18 U.S.C. § 611) has never been closely scrutinized and may not survive it, and several provisions exceed federal power even under the most favorable reading of existing law.

Trump’s Claim That the Law Firms He Has Attacked Are Trying to Silence Him Is Truly Bizarre

Amherst professor Austin Sarat examines the Trump administration’s legal battle against several prominent law firms targeted by executive orders, following the administration’s erratic appellate strategy through the D.C. Circuit. Professor Sarat argues that the executive orders constitute clear First Amendment retaliation, that the administration’s legal claims are meritless, and that its portrayal of the president as a free-speech victim is both legally untenable and absurd.

Attack on Michigan Synagogue Is an Attack on America Itself

Amherst professor Austin Sarat examines the recent surge of anti-Semitic violence in the United States, using the March 2026 attack on a Michigan synagogue as a launching point for a broader historical and political argument. Professor Sarat contends that attacks on Jews threaten America’s democratic foundations—not just its Jewish community—and that the Trump administration has failed to respond meaningfully while cynically weaponizing anti-Semitism concerns for political ends.

The Policy Stakes of the SCOTUS Birthright Citizenship Case

Cornell Law professor Michael C. Dorf discusses the constitutional and policy dimensions of Trump v. Barbara, the Supreme Court case challenging Trump’s executive order restricting birthright citizenship, examining both the legal merits and the broader arguments for and against jus soli citizenship. Professor Dorf argues that the executive order is clearly unconstitutional under the Fourteenth Amendment’s Citizenship Clause, that the policy case for restricting birthright citizenship is empirically weak and practically disruptive, and that the real motivation driving the effort is racist “replacement” ideology rather than any legitimate demographic or governance concern.

The First Federal AI Privilege Ruling Gets the Right Result for the Wrong Reasons

David S. Kemp analyzes the first federal court ruling on AI and attorney-client privilege, United States v. Heppner, examining the court’s reasoning across each element of the privilege test and the work product doctrine. Mr. Kemp argues that while the court reached the correct result on two independent and sufficient grounds, its unnecessary confidentiality analysis was methodologically flawed—treating Anthropic’s broadest contractual reserved rights as dispositive without examining the specific terms, product tier, or training preferences that actually governed Heppner’s use. He warns that this overbroad reasoning, rather than the uncontroversial holdings, is what future courts will most likely cite, with potentially damaging consequences for privilege claims in any professional context involving third-party platforms.

Sixth Circuit Holds that NLRB’s Cemex Ruling is the Product of an Unlawful Adjudication

Samuel Estreicher discusses the Sixth Circuit’s recent decision in Brown-Forman Corp. v. NLRB, which declined to enforce a Board bargaining order because the order rested on the NLRB’s 2023 Cemex ruling rather than the established Gissel standard, raising questions about the lawful use of adjudication to create new agency policy. Professor Estreicher argues that while the Sixth Circuit was right to flag procedural concerns about Cemex, its reasoning is flawed and insufficiently engages with the substantive merits of the Cemex standard—though he also notes that Cemex itself went too far by failing to adequately account for employees’ interest in deciding union representation through secret-ballot elections.

The Trump Administration’s Threat to Impose “One Nation Under God”

University of Pennsylvania professor Marci A. Hamilton examines the Trump administration’s promotion of Christian Nationalism across multiple domains—the White House, the military, and Congress—and its corresponding erosion of church-state separation, particularly in the context of Trump’s war with Iran. Professor Hamilton argues that this government alignment with a specific evangelical Christian agenda violates the First Amendment’s Establishment Clause, distorts American religious history, and has created a political permission structure for unconstitutional attacks on Muslims and other religious minorities.

From “Fuck the Draft” to “Swinging Dicks”: Appropriate and Inappropriate Vulgarity in Judicial Opinions

Cornell Law professor Michael C. Dorf examines Judge Lawrence VanDyke’s notorious dissent in Olympus Spa v. Andretti—a Ninth Circuit case involving the constitutionality of applying Washington State’s transgender-inclusive public accommodations law to a women-only spa. Dorf argues that VanDyke’s opening phrase “swinging dicks” was not merely gratuitous and attention-seeking (in contrast to cases like Cohen v. California, where the use of profanity was justified), but reflected genuine anti-transgender bigotry that disqualifies it as legitimate judicial discourse and vindicates the ABA’s earlier finding that VanDyke was unfit for the bench.

When Word of Mouth Is All You Have: Choosing a Criminal Defense Lawyer in an Unregulated Market

UC Davis Law professor Irene Joe and restorative justice specialist Jeremiah Mungo examine how ABA advertising restrictions and the absence of meaningful credentialing standards leave criminal defendants—particularly those who can afford private counsel—with little reliable information for choosing a defense attorney, forcing them to rely almost entirely on informal word of mouth. Drawing on Mr. Mungo’s personal experience hiring a private attorney who was later disbarred, Professor Joe and Mr. Mungo argue that modest reforms such as voluntary specialist certification programs, tiered qualification requirements, and publicly available attorney experience data could establish a quality floor in the criminal defense market without dismantling legitimate concerns about lawyer advertising.

Gov. Newsom Should Act to End California’s Treatment of Prisoners as “Slaves of the State”

Amherst professor Austin Sarat discusses California’s ongoing practice of forced prison labor, examining its legal foundations, recent failed efforts to abolish it through ballot measure and legislation, and the low wages and lack of workplace protections afforded to incarcerated workers. Professor Sarat argues that Governor Gavin Newsom should use his executive authority to direct the Department of Corrections to stop punishing inmates who refuse to work, as a meaningful step toward ending what is best characterized as a constitutionally sanctioned form of slavery incompatible with California’s self-described progressive values.

The Rhode Island Attorney General Opposes Catholic Clergy Sexual Abuse

UNLV Boyd School of Law professor Leslie C. Griffin examines the Rhode Island Attorney General’s sweeping report on clergy sexual abuse within the Diocese of Providence, including the diocese’s history of concealment and the AG’s reform recommendations. Professor Griffin argues that the report confirms decades of institutional cover-up and endorses the AG’s calls for stronger laws, expanded statutes of limitations, and greater diocesan accountability.

How the Ninth Circuit’s Recent Oral Argument Demonstrates California Will and Should Lose on SB 805 (the “No Vigilantes Act”)—and Why the Constitutional Doctrine Needs More Clarity

UC Davis Law professor Vikram David Amar discusses the Ninth Circuit oral argument in United States v. California regarding SB 805, a state statute requiring all law enforcement officers—including federal agents—to wear identification on their uniforms. Professor Amar argues that the law violates the Supremacy Clause as an unauthorized direct regulation of federal sovereign functions and asserts that courts should focus on the lack of federal assent rather than the perceived burden or generality of the state mandate.

Lawsuit Against Harvard Is the Latest Chapter in Donald Trump’s Racial Shaming Campaign

Amherst professor Austin Sarat discusses the Trump administration’s lawsuit against Harvard University, which seeks to compel the production of detailed, individual-level admissions and student performance data. Professor Sarat argues that the administration uses this litigation as a pretext for a “racial shaming campaign” intended to stigmatize people of color and weaponize data to serve a divisive political agenda.

Due Process vs. Due Care

Child protection advocate Kathryn Robb discusses how the civil legal system’s procedural requirements often inflict secondary trauma on survivors of childhood sexual abuse while shielding defendants and institutions. Ms. Robb argues that the law must balance due process for defendants with “due care” for victims by dismantling structural barriers—such as restrictive statutes of limitations and bankruptcy maneuvers—that prioritize institutional protection over accountability and child safety.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram Amar is the Daniel J. Dykstra Endowed Chair and Distinguished Professor of Law at the King... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a Senior Research Fellow at the Institute... 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 civil rights lawyer and a Professor of Government at Cornell University. He... 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