Amherst professor Austin Sarat criticizes the use of nitrogen hypoxia as a method of execution, particularly in Alabama, where it has resulted in prolonged, painful deaths that contradict claims of a humane alternative to previous execution methods. Professor Sarat argues that nitrogen hypoxia, like earlier methods, has failed to provide a foolproof or ethical solution and calls for the abolition of capital punishment altogether, emphasizing the psychological and physical torture it inflicts and questioning what such practices say about the values of American society.

Amherst professor Austin Sarat examines the Texas Court of Criminal Appeals’ decision to stay Robert Roberson’s execution and send his case back to trial court to reconsider the now-discredited shaken baby syndrome diagnosis that led to his conviction. Professor Sarat argues that while the court’s intervention is a positive step, it falls short by ignoring other critical issues in Roberson’s case—such as his undiagnosed autism, poor legal representation, and evidence pointing to his daughter’s death from natural causes—thus failing to address the full scope of the miscarriage of justice.

Amherst professor Austin Sarat examines a recent lawsuit in Arkansas challenging a new law, Act 302, which gives the state's Department of Corrections unchecked discretion to choose between execution by lethal injection or nitrogen hypoxia, without timely notice or legislative guidance. Professor Sarat argues that this vague delegation of power is unconstitutional, violates due process and separation of powers, and adds unnecessary psychological cruelty to death row inmates by keeping them uninformed about how they will be executed.

Amherst professor Austin Sarat explores the importance of competency in death penalty cases, focusing on whether individuals like Ralph Menzies—who suffer from dementia and cannot comprehend their punishment—should be eligible for execution. Professor Sarat argues that executing cognitively impaired individuals violates the core purpose of punishment as a form of moral accountability, and calls for shifting the legal burden onto the state to prove competency in such cases to prevent unjust and inhumane executions.

Amherst professor Austin Sarat discusses Delaware’s historic efforts to constitutionally ban the death penalty, positioning the state to become one of the few U.S. jurisdictions with an explicit constitutional prohibition against capital punishment. Professor Sarat argues that to ensure lasting abolition, death penalty opponents across the country should pursue constitutional amendments rather than rely on statutes or court rulings, which are more susceptible to reversal.

Amherst professor Austin Sarat examines the impending execution of Byron Black in Tennessee, highlighting deep flaws in the state’s application of the death penalty, particularly for intellectually disabled and medically vulnerable individuals. Professor Sarat argues that Black’s case exemplifies the cruelty, legal absurdities, and moral failings of the death penalty system, urging an end to a practice that undermines justice and human dignity.

Amherst professor Austin Sarat examines the case of Vance Boelter, who allegedly murdered Minnesota state Rep. Melissa Hortman and her husband and attempted to murder Sen. John Hoffman and his wife in politically motivated attacks targeting elected Democrats. Professor Sarat argues that despite the horrific nature of these crimes, federal prosecutors should not seek the death penalty in Minnesota, which abolished capital punishment over a century ago and whose citizens would likely reject it.

Amherst professor Austin Sarat discusses Tennessee’s new policy of imposing a two-week isolation period and a 12-hour communication blackout on death row inmates prior to execution, framing it within broader concerns about the harsh conditions of death row in the U.S. Professor Sarat argues that these practices are unnecessarily cruel, serve no legitimate purpose, and should be ended either by state action or judicial intervention.

Amherst professor Austin Sarat explores the challenges and responsibilities of academic scholarship on the death penalty, particularly when such research offers nuanced or unpopular views within the abolitionist movement. Professor Sarat argues that scholars must pursue truthful and critical inquiry—even if it unsettles allies—because their ultimate contribution lies in illuminating the harsh realities of capital punishment, not in conforming to political or moral orthodoxy.

Amherst professor Austin Sarat calls for an end to the longstanding ritual of collecting and publicizing the final statements of death row inmates, spotlighting the recent execution of Glen Rogers in Florida and his unusual last words referencing Donald Trump. Professor Sarat argues that these last words are often performative, feed public morbid curiosity, and serve to legitimize the death penalty by giving the illusion of dignity and humanity to an inherently inhumane practice.

Amherst professor Austin Sarat discusses President Donald Trump’s efforts to reverse President Joe Biden’s mass clemency for federal death row inmates, specifically through an executive order mandating their transfer to the harsh ADX supermax prison. Professor Sarat argues that this move is a politically motivated act of cruelty lacking legal and penological justification, and urges the courts to uphold due process and human rights, even for those convicted of serious crimes.

Amherst professor Austin Sarat examines California Governor Gavin Newsom’s shifting political positions, particularly focusing on the uncertainty surrounding his stance on the death penalty as he eyes a potential 2028 presidential run. Professor Sarat argues that Newsom’s credibility and legacy—especially given his prior vocal opposition to capital punishment—hinge on whether he will act decisively to commute the state's death row sentences before leaving office, a move that could significantly influence the national debate on the death penalty.

Amherst professor Austin Sarat discusses how several state legislatures, particularly Alabama, are passing laws allowing the death penalty for child rape despite a 2008 Supreme Court ruling, Kennedy v. Louisiana, that declared such punishment unconstitutional. Professor Sarat argues that this strategic legislative defiance represents a dangerous trend that threatens constitutional order, as lawmakers are deliberately passing unconstitutional laws hoping the current conservative-majority Supreme Court will overturn precedent, similar to the strategy that led to Roe v. Wade being overturned.

Amherst professor Austin Sarat examines Montana’s death penalty status, noting that capital punishment is legally permitted but rarely used in the deeply Republican state, with only three executions since 1976 and recent legislative rejection of a proposal to facilitate more executions. Professor Sarat argues that even as a symbolic punishment, maintaining capital punishment on the books causes harm to both the abolitionist cause and the entire country by making extreme prison sentences seem more humane by comparison, contributing to America’s high incarceration rates.

Amherst professor Austin Sarat discusses Ohio Governor Mike DeWine’s ongoing de facto moratorium on executions and the broader implications for the future of the death penalty in both Ohio and the United States. Professor Sarat argues that Ohio’s inability to procure lethal injection drugs, combined with public opposition, racial disparities, financial inefficiencies, and declining crime rates, demonstrates that the state—and potentially the nation—can function without capital punishment, signaling a possible shift toward abolition.

Amherst professor Austin Sarat discusses the recent execution of Marion Bowman in South Carolina, focusing on his case and the broader cruelties inherent in the American capital punishment system. Professor Sarat argues that Bowman’s case exemplifies multiple systemic issues in death penalty cases, including the treatment of those claiming innocence, the coercive nature of plea deals, inadequate legal defense, and the psychological torture of death row conditions, particularly during the final months before execution.

Amherst professor Austin Sarat explores the paradoxical status of the death penalty in California, highlighting its high number of death row inmates and new sentences despite a moratorium on executions and a progressive stance. Professor Sarat contrasts this with Texas’s declining death penalty numbers, emphasizing the complex political landscape in California where local prosecutors and public opinion continue to support capital punishment, creating challenges for abolitionists trying to effect change.

Amherst professor Austin Sarat examines recent death penalty statistics and trends in the United States, drawing from the Death Penalty Information Center’s 2024 Annual Report and Death Penalty Census, as well as academic research spanning several decades. Professor Sarat argues that capital punishment should be abolished nationwide, citing the dramatic decline in death sentences since the 1990s, the extremely low rate of sentences actually resulting in executions (15.7%), and the high rate of reversals due to serious errors, all of which suggest the system is ineffective and not worth maintaining.

Amherst professor Austin Sarat examines the evolving stance on capital punishment in the United States, specifically critiquing President Joe Biden’s decision to commute the sentences of some federal death row inmates but exclude high-profile offenders like Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers. Professor Sarat argues that this exclusion missed an opportunity to catalyze a national conversation on abolishing the death penalty entirely, asserting that current societal and legal trends make it feasible to advocate for clemency even in extreme cases without jeopardizing abolitionist progress.

Amherst professor Austin Sarat discusses the upcoming execution of Joseph Corcoran in Indiana, who has voluntarily dropped his appeals, and examines the broader phenomenon of death row “volunteers” in the American justice system. Professor Sarat argues that courts should never allow inmates to volunteer for execution, not only due to questions of mental competency but also because it violates fundamental principles of natural law and inalienable rights as recognized in the Declaration of Independence, making it fundamentally un-American.