Amherst professor Austin Sarat discusses the recent Supreme Court decision in Trump v. United States and its implications for presidential immunity and the rule of law in America. Professor Sarat argues that the decision “will live in infamy” and marks a dangerous shift towards authoritarianism by effectively placing the President above the law, contradicting fundamental constitutional principles and previous statements made by the Justices themselves.

University of Chicago law professor emeritus Albert W. Alschuler discusses the Supreme Court’s recent rulings in United States v. Rahimi and New York State Pistol and Rifle Association v. Bruen, focusing on their approach to interpreting the Second Amendment through historical analogues. Professor Alschuler argues that the Court’s reliance on irrelevant historical examples while disregarding relevant history is flawed, and that the Bruen standard is neither originalist nor workable, predicting that it will eventually be abandoned in favor of a more flexible approach that allows for some degree of interest balancing in Second Amendment cases.

Cornell Law professor Michael C. Dorf discusses key cases from the U.S. Supreme Court’s 2023 Term, focusing on cases where the Court made non-merits decisions and cases with high stakes beyond their precedential value. Professor Dorf argues that the Court’s procedural dismissals in significant cases like those involving social media content moderation and abortion access led to public confusion and missed opportunities to clarify important legal questions, while its rulings in high-stakes cases such as those involving former President Donald Trump had immediate and far-reaching consequences that sometimes overshadowed their legal precedents.

UC Davis Law professor Vikram David Amar discusses the media's coverage of Supreme Court decisions, particularly focusing on the end-of-term rulings and their interpretation by journalists. Professor Amar argues that many prominent media organizations consistently misrepresent the Court’s actions by drawing incorrect conclusions from decisions not to review cases or dismissals, misinterpreting jurisdictional rulings as judgments on the merits, and making unfounded predictions about case outcomes, thus failing to meet basic standards of accuracy in legal reporting.

Amherst professor Austin Sarat discusses the Supreme Court’s recent decision in City of Grants Pass v. Johnson and its broader approach to Eighth Amendment cases, particularly those involving cruel and unusual punishment. Professor Sarat argues that the Court’s conservative majority, led by Justices Neil Gorsuch and Clarence Thomas, is systematically weakening Eighth Amendment protections by adhering to a narrow originalist interpretation, ignoring evolving standards of decency, and showing indifference to vulnerable populations like the homeless.

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.

Amherst professor Austin Sarat discusses a legal and political controversy in Arizona surrounding the execution of death row inmate Aaron Gunches, involving various state officials including the county attorney, attorney general, and governor. Professor Sarat criticizes Maricopa County Attorney Rachel Mitchell’s unprecedented and allegedly illegal attempt to seek a death warrant, portraying it as a politically motivated move that undermines the established legal process and threatens to create chaos in Arizona's death penalty system.

Touro University, Jacob D. Fuchsberg Law Center, professor Rodger D. Citron compares Judge Aileen Cannon’s handling of Donald Trump's classified documents case to Judge Irving Kaufman’s controversial management of the Rosenberg espionage trial in the 1950s. Professor Citron argues that Cannon should learn from Kaufman’s mistakes and prioritize impartiality in her management of the high-profile case, warning that her current approach of favoring the defense and delaying proceedings could negatively affect her professional legacy.

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.

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.

UC Davis Law professor Vikram David Amar and researcher Ethan Yan discuss North Dakota’s recently passed Initiated Measure 1, which prohibits anyone over the age of 81 from serving in or being on the ballot for the U.S. House or Senate. Professor Amar and Mr. Yan argue that Measure 1 violates the Twenty-Sixth Amendment’s prohibition on age discrimination in voting rights, which they contend includes the right to be voted for and hold office, making the measure unconstitutional even if the Supreme Court were to overturn its precedent barring states from adding congressional qualifications beyond those in the Constitution.

Amherst professor Austin Sarat discusses the controversy surrounding Harvard Dean Lawrence Bobo’s op-ed, which argued that faculty should face sanctions for publicly criticizing their university in ways that invite outside intervention. Professor Sarat ultimately disagrees with Bobo, asserting that while faculty should exercise good judgment when criticizing their institutions, universities must protect their right to do so to avoid undermining academic freedom and the free exchange of ideas.

Cornell Law professor Michael C. Dorf discusses the U.S. Supreme Court’s recent 6-3 decision in Garland v. Cargill, which invalidated a federal regulation banning bump stocks by finding that they do not fall under the statutory definition of a machinegun. Professor Dorf argues that the Justices’ ideological views on gun control, rather than principled differences in interpretive methodology, best explain the divided outcome in this case and many other closely contested Supreme Court cases.

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.

UNLV Boyd School of Law professor Leslie C. Griffin discusses a recent Louisiana Supreme Court ruling that upheld the constitutionality of the state legislature’s decision to extend the statute of limitations for sexual abuse survivors to sue their abusers. Professor Griffin argues that this ruling correctly prioritized the rights of abuse survivors over the property rights of defendants, and that it represents an important victory for victims seeking justice, although uncertainty remains regarding the impact of the Archdiocese of New Orleans’ bankruptcy filing on survivors’ ability to have their day in court.

UC Davis Law professor Vikram David Amar discusses a recent Illinois state court ruling in Colazzo v. Illinois State Board of Elections, which dealt with the complex issue of ballot access and the application of a new state law that would have prevented certain Republican candidates from appearing on the November 2024 general election ballot. Professor Amar argues that while the court reached the correct result in this case, the reasoning behind the decision raises interesting questions about the independence of state law grounds, the constraints on altering election rules close to an election, and the need to balance fairness and notice concerns with the importance of each election in maintaining democratic integrity.

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.

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.

Stanford Law visiting professor Joanna L. Grossman and professor Lawrence M. Friedman discuss the tension between donors who place restrictions on their charitable gifts and the organizations that receive those gifts, focusing on the current legal battle involving the Orlando Museum of Art’s attempt to use funds from the Margaret Young trust for purposes other than those specified by the donor. Professors Grossman and Friedman argue that while the law generally favors upholding donor intent, there are situations where courts may allow modifications to the terms of a charitable gift, especially when the original purpose becomes impractical or wasteful over time, and they suggest that donors should be cautious about being too specific in their instructions to avoid such issues.

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.