Cornell law professor Michael C. Dorf describes what is at stake on Wednesday, January 6, when Congress meets in joint session to confirm Joe Biden’s election as President. Professor Dorf explains why, although Trump apparently lacks the majority necessary to invalidate a duly chose electoral slate, the stakes are still very high.
UF Levin College of Law professor and economist Neil H. Buchanan explains why Donald Trump’s actions reflect an attempted coup and might still lead to a constitutional crisis. In this column, Buchanan first explains what a coup is and describes the ways that Trump has failed in his attempts thus far. Buchanan warns about how all this could still end in a constitutional crisis that Trump creates and exploits to stay in power.
UF Levin College of Law professor Neil H. Buchanan explains why “being patient with Trump” is a recipe for disaster, why there are still reasons to be guardedly optimistic, and why this all could still end very badly. Buchanan argues that the present situation is not guaranteed end badly, but he cautions that a Trump coup is eminently possible.
Amherst College Associate Provost Austin Sarat and attorney Daniel B. Edelman explain the important role of Democratic governors in preventing Republican state legislatures from stealing the election. Sarat and Edelman describe a “nightmare scenario” in which Republican legislatures may try to strip the electoral votes of Pennsylvania, Wisconsin, Michigan, Georgia, Arizona, and Nevada, leaving Biden with 232 electoral votes compared to Trump’s 306. The authors call upon the governors of those states to defend the integrity of their states’ election results, insist that there have been no “election failures,” and, if necessary, submit to Congress their own elector lists.
UF Levin College of Law professor and economist Neil H. Buchanan explains why President Trump’s inept handling of the COVID-19 pandemic should disqualify him from even running for reelection, let alone returning to office. Buchanan argues that it is shocking that we cannot predict the outcome of the 2020 election in light of Trump’s failure to address the biggest health crisis in a century and his consistent efforts to undermine the public response every step of the way.
SMU Dedman School of Law professor Joanna L. Grossman describes the myriad ways the Trump administration has harmed the interests of women and expresses hope that the outcome of the 2020 Presidential Election will mark the end of the GOP’s war on women. Grossman notes that if Biden and the Democrats win the White House and Congress, they will have not only the opportunity but the obligation to restore what the modern GOP has destroyed.
Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, explains why federalism—the autonomy of the states in our country—has been a significant barrier to many of the authoritarian projects Trump has advanced or considered. Falvy argues that the same autonomy should prevent Trump from manipulating the election results decisively in his own favor.
UF Levin College of Law professor and economist Neil H. Buchanan describes how the U.S. Supreme Court is readying itself to declare Trump the winner of the election. Professor Buchanan points out that no court acting in good faith would apply the text of the Constitution or existing Supreme Court precedents in a way that would allow any of this scheme to see the light of day, but based on what Justice Kavanaugh has written and what Justice Gorsuch strongly suggests, the Court might not even have that minimum amount of good faith.
Amherst College Associate Provost Austin Sarat and attorney Daniel B. Edelman argue that there is nothing the Supreme Court can do to prevent governors from certifying slates of electors that actually reflect the vote of the people in their states. Sarat and Edelman explain why Bush v Gore is both inapplicable, and by its own terms, never supposed to be used as precedent.
Illinois law dean and professor Vikram David Amar describes an underappreciated influence of the late Justice Ruth Bader Ginsburg—her carefully reasoned majority opinion in Arizona Legislature v. Arizona Independent Redistricting Commission. As Dean Amar explains, in that case, Justice Ginsburg rejected nearly identical arguments to those relied on today in asking federal courts to challenge state courts’ and agencies’ rulings protecting the right of their citizens to vote as provided for under state statutes and constitutions.
In anticipation of a contested election outcome in November, Amherst College Associate Provost Professor Austin Sarat and attorney Daniel B. Edelman call upon Democratic governors to forward a slate of electors that reflects the preference of the greatest number of voters in their states, regardless of what their legislatures might do. Sarat and Edelman argue that the fate of American democracy may depend on these governors.
SMU Dedman School of Law professor Joanna L. Grossman and Boston University law professor Linda C. McClain comment on COVID-19, toxic masculinity, and the state of national politics today. Grossman and McClain contrast President Trump’s reckless bravado that endangers the lives of Americans with the empathy of Democratic presidential nominee former Vice President Joe Biden’s in asking people to be patriotic by doing their part by wearing masks to protect other Americans.
UF Levin College of Law professor and economist Neil H. Buchanan reflects on the contributions of the late Justice Ruth Bader Ginsburg to tax law jurisprudence and discusses the potential chaos that faces our country in the upcoming elections. Although he expresses cautious optimism that law and the American public together should prevent a constitutional crisis, Buchanan warns that we should all be frightened by the fact that the election can still be stolen if enough carefully placed Republican partisans are willing to upend our constitutional democracy.
UF Levin College of Law professor and economist Neil H. Buchanan, Cornell Law professor Michael C. Dorf, and Harvard Law professor emeritus Laurence H. Tribe explain why President Trump’s plan to win the election through a forced decision by the U.S. House of Representatives relies on an incorrect reading of the plain text of the Twelfth Amendment of the Constitution. The authors argue, even in a best-case scenario for Trump, in which the electoral votes of Pennsylvania are thrown out, Biden would still win with a majority of the resulting electoral votes and the House would simply not have the legal authority to vote on an election that had already been decided.
Cornell law professor Michael C. Dorf comments on last night’s presidential debate between President Trump and former Vice President Biden. Dorf observes that Trump’s repeated violations of the agreed-upon rules of the debate; his outrageous substantive comments refusing to condemn white supremacy (and instead naming a specific white supremacist group) and declining to say he would accept the outcome of the election; and his callous response to Biden’s mention of Biden’s deceased son Beau should alert any yet unaware Americans to the fact that Trump has no sense of decency.
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.
In this second of a two-part series of columns considering the likelihood that President Trump will refuse to leave the White House even if he loses the election, UF Levin College of Law professor and economist Neil H. Buchanan describes the bad news that Trump and his supporters seem likely to use violence to keep him in office.
In this two-part series of columns, UF Levin College of Law professor Neil H. Buchanan discusses some new reasons for guarded optimism that Americans are beginning to recognize—and thus might be able to mitigate—the danger Donald Trump represents to American democracy. In this first part, Buchanan grounds his guarded optimism in Joe Biden’s expressly voicing concern that Trump will not leave the White House if he loses the election.
UF Levin College of Law professor Neil H. Buchanan reiterates his argument that Donald Trump will refuse to leave the White House even if he loses the 2020 election and considers why journalists are only just now beginning to recognize that as a possibility. Buchanan laments the possibility that there is nothing to be done about this existential threat to America’s constitutional democracy.
UF Levin College of Law professor and economist Neil H. Buchanan considers whether (and how) President Trump or his supporters in Congress could cancel the 2020 elections, citing public safety as a result of the COVID-19 pandemic. Buchanan points out that because states control the procedures for the election, Trump would need Republican governors of certain blue states to shut down their state’s elections—something Buchanan stops short of saying is likely or unlikely.