Cornell Law professor Michael C. Dorf analyzes the eight possible outcomes of today’s U.S. federal elections (based on whether Democrats or Republicans win control of the presidency, Senate, and House) and their implications for governance. Professor Dorf contrasts how unified government enables major legislation with how divided government limits policy changes, while emphasizing an asymmetric risk: Republican control of even one chamber could enable them to challenge a Harris victory or force a debt ceiling crisis, making Democratic control of at least one chamber essential for a potential Harris presidency to function.
Amherst professor Austin Sarat analyzes the contrasting decision-making styles and presidential temperaments of Kamala Harris and Donald Trump, as highlighted by Harris’s recent CNN Town Hall appearance. Professor Sarat argues that while Harris’s careful, pragmatic, and “boring” approach to leadership may lack charisma, it would be far preferable to Trump’s impulsive, inattentive, and narcissistic style that would make him dangerous in the role of President.
Last week the U.S. Court of Appeals for the Fifth Circuit issued a ruling in Republican National Committee (RNC) v. Wetzel holding invalid, as conflicting with and thus preempted by federal law governing federal elections, a Mississippi statute that permits the counting of ballots that arrive at election offices by mail after Election Day—up…
Amherst professor Austin Sarat discusses President Biden’s recent controversial comment calling Trump supporters “garbage” and its impact on Vice President Harris’s presidential campaign, set against a broader context of inflammatory political rhetoric from both parties. Professor Sarat argues that Harris should forcefully denounce Biden’s remarks to both benefit her campaign and uphold democratic values, rather than merely distancing herself from the President.
University of Toronto visiting law professor and economist Neil H. Buchanan discusses a constitutional interpretation regarding the requirements for winning the U.S. presidency through the Electoral College, specifically addressing scenarios where some state electors are not appointed. Following up on an argument he has made with Professors Michael Dorf and Laurence Tribe, Professor Buchanan argues that, contrary to popular belief (the “House-decides error”), under the Twelfth Amendment, a candidate does not need 270 electoral votes to win the presidency but only a majority of actually appointed electors. Professor Buchanan points out this means that successfully blocking some state electors, as Donald Trump likely will try to do, would not automatically force the decision to the House of Representatives unless there is an actual tie or a third-party candidate prevents either major candidate from achieving a majority of appointed electors.
Attorneys Stephen Marcus and Bruce Kuhlik discuss the ethical responsibilities of lawyers in the context of predicted attempts by Donald Trump and his allies to undermine the 2024 U.S. presidential election. The authors argue that lawyers considering advocating unsubstantiated claims of election fraud should learn from the disciplinary actions taken against Trump’s 2020 election lawyers, adhere to their ethical duties, and follow the example of those who refused to violate their obligations to their profession and the Constitution after the 2020 election despite significant pressure to do so.
Amherst professor Austin Sarat analyzes the rhetorical strategies JD Vance used during a New York Times interview, especially Vance’s refusal to acknowledge Donald Trump’s 2020 election loss. Professor Sarat argues that Vance’s skillful use of language techniques such as bridging, whataboutism, and question deflection demonstrates a polished version of Trumpism that poses a long-term threat to American democracy by undermining faith in elections and truth itself.
Cornell Law professor Michael C. Dorf discusses the current Supreme Court term and its potential implications for the 2024 presidential election. Professor Dorf argues that while the current docket seems relatively quiet, the Court’s history of partisan decisions favoring Republicans, combined with the possibility of election-related cases being added later, raises concerns about how the Court might handle potential challenges to the 2024 election results, particularly if Trump loses and uses his loyalists in state legislatures or other organs of government to declare him the winner anyway.
UC Davis Law professor Vikram David Amar discusses the legal arguments surrounding Robert F. Kennedy Jr.’s attempt to remain on some state ballots for the 2024 presidential election, particularly focusing on the applicability to presidential elections of the Supreme Court’s U.S. Term Limits, Inc. v. Thornton ruling. Professor Amar argues that invoking the Term Limits case in the context of presidential elections is logically flawed and historically inaccurate, as Article II of the Constitution grants states broad powers in selecting presidential electors, unlike the more restricted state powers in congressional elections addressed in Term Limits.
University of Toronto visiting law professor and economist Neil H. Buchanan critiques J.D. Vance’s candidacy, highlighting the increasing negativity he brings to the Republican Party and his role in worsening the political culture in the U.S. Professor Buchanan argues that Vance embodies cruelty and harmful politics, particularly through his promotion of racist and sexist narratives, while undermining legitimate policy discussions.
In this two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan discusses accusations of “flip-flopping” against Vice President Kamala Harris and examines the broader issue of how policy changes are perceived in political discourse. Professor Buchanan argues that Harris’s policy adjustments reflect evolving strategies rather than changes in core values, and he criticizes the media for mischaracterizing such adaptations as inconsistency, while also pointing out the double standard applied to Democrats compared to Republicans on this issue.
Amherst professor Austin Sarat discusses Donald Trump’s speech at the Israeli American Council summit, focusing on his comments about Jewish voters and accusations of antisemitism. Professor Sarat argues that Trump’s remarks were self-centered, potentially dangerous, and reflective of his narcissistic tendencies, and he highlights the disconnect between Trump’s expectations of Jewish voter support and actual polling data.
In this second part of a two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan examines recent Republican advice for Donald Trump to focus on “policy" rather than grievances in his presidential campaign. Professor Buchanan expands on the arguments he introduced in Part One, providing examples of Trump’s policy-free rhetoric and explaining why Republicans don’t actually want substantive policy discussions, as their specific policy positions are largely unpopular with voters.
In this two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan discusses recent Republican advice for Donald Trump to focus on policy rather than “culture wars” in his presidential campaign. Professor Buchanan argues that this advice is misguided because Republicans lack popular policy positions, and their call for Trump to “talk policy” actually means inflaming voters’ emotions on select issues like immigration and the economy without offering substantive solutions.
Amherst professor Austin Sarat discusses the unusual dynamics of the 2024 U.S. presidential campaign, particularly focusing on how Vice President Kamala Harris is positioning herself on crime and criminal justice issues. Professor Sarat argues that Harris faces a delicate balancing act of appearing tough on crime to counter Republican attacks while maintaining credibility on criminal justice reform, suggesting she should emphasize crime prevention and address root causes rather than simply adopting traditional “tough-on-crime” rhetoric.
Amherst professor Austin Sarat discusses Donald Trump’s recent comments questioning Vice President Kamala Harris’s racial identity and explores the broader context of racial politics in the United States. Professor Sarat argues that Trump’s remarks are part of a deliberate strategy to stoke racial resentment and fear among white voters, highlighting the stark choice facing Americans in the upcoming election between embracing diversity and inclusivity or endorsing divisive racial politics.
University of Toronto visiting law professor and economist Neil H. Buchanan discusses the recent political developments in the United States, specifically Joe Biden’s decision to withdraw from the 2024 presidential race and Kamala Harris’s emergence as the likely Democratic nominee. Professor Buchanan argues that while this change has brought optimism to those opposing Trump, it also reveals flaws in arguments about democracy and party processes, criticizes both Republican and Democratic responses to the situation, and calls for a more nuanced view of Biden’s decision to step down.
Amherst professor Austin Sarat discusses the potential presidency of Kamala Harris, focusing on how her experience as a district attorney and California’s attorney general might positively influence her performance in the Oval Office. Professor Sarat argues that Harris’s prosecutorial background will be beneficial for her presidency, citing her pragmatic approach to law enforcement, her ability to make difficult decisions, and the skills she developed in exercising prosecutorial discretion judiciously.
Amherst professor Austin Sarat discusses the Republican National Convention’s strategy of downplaying controversial issues like abortion, the January 6 insurrection, and election denialism. Professor Sarat argues that the GOP employed a “hidden ball trick” to conceal their true positions on these topics, deceiving voters and potentially harming democracy in their pursuit of power.
Amherst professor Austin Sarat discusses recent events in American politics, including a Supreme Court decision on presidential immunity, President Biden’s debate performance, and an assassination attempt on former President Trump. Professor Sarat argues that these events have been traumatic for the nation and warns against allowing them to induce collective amnesia about Trump’s past actions and rhetoric, emphasizing the importance of remembering the full context as the country approaches the 2024 election.
