NYU Law professor Samuel Estreicher and JD candidate Andrew Babbitt examine President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose and threaten tariffs on multiple countries during his second administration, bypassing the typical legislative and procedural requirements for tariff implementation. Professor Estreicher and Mr. Babbitt argue that this strategy represents an unprecedented and legally questionable expansion of executive power, circumventing congressional intent and oversight, raising serious constitutional concerns about the broad and unchecked use of the IEEPA.
Cornell Law professor Michael C. Dorf examines the Trump administration’s apparent disregard for judicial authority, focusing on its defiance of a court order prohibiting the use of the Alien Enemies Act for deportations and its broader pattern of legal manipulation. Professor Dorf argues that even if technical compliance with court rulings is maintained, the administration’s deceptive tactics and overt hostility toward judicial oversight severely undermine the rule of law and pose a grave threat to American constitutional democracy.
University of Toronto visiting law professor and economist Neil H. Buchanan discusses Senate Majority Leader Chuck Schumer’s decision to avert a government shutdown by supporting a controversial continuing resolution (CR), despite backlash from Democrats and anti-Trump groups who saw it as a capitulation. Professor Buchanan argues that while Schumer is not typically a progressive hero, he made the right decision to prevent lasting harm, as a shutdown would have handed excessive power to Trump and Musk. Professor Buchanan calls upon Democrats to stop infighting so that they can effectively resist the rise of authoritarianism.
Cornell professor Joseph Margulies discusses President Donald Trump’s attempt to use Guantanamo Bay as a detention facility for migrants, highlighting the legal and logistical obstacles that make such plan infeasible. Professor Margulies argues that Trump’s real goal has never been about policy implementation but rather about shaping public perception—using Guantanamo as a symbol to dehumanize immigrants and redefine the national identity around exclusion.
Amherst professor Austin Sarat discusses the Trump administration’s late-night deportation of alleged Venezuelan gang members despite a federal judge’s order to halt the process and examines the implications for constitutional law and executive power. Professor Sarat argues that by defying the court order, the administration dangerously undermined the rule of law, demonstrating its willingness to consolidate power and disregard constitutional checks, marking a troubling crisis for American democracy.
Hofstra Law professor James Sample examines President Donald Trump’s conduct that facilitates corruption, particularly the launch of a cryptocurrency scheme and the broader erosion of anti-corruption safeguards, including weakened bribery laws, de-prioritized enforcement of foreign influence regulations, and the dismissal of government watchdogs. Professor Sample argues that these actions, along with Supreme Court rulings limiting bribery prosecutions, have systemically undermined the rule of law, fostering an environment where public officials can engage in transactional governance that threatens democracy itself.
University of Pennsylvania professor Marci A. Hamilton critiques President Donald Trump’s handling of foreign policy, particularly his recent Oval Office meeting with Ukrainian President Volodymyr Zelenskyy, and argues that Trump’s deference to Russian President Vladimir Putin stems from ideological alignment with the religious right rather than merely personal or financial motivations. Professor Hamilton argues that Trump’s pro-Russia stance reflects the religious right’s alignment with Putin’s anti-LGBTQ policies, and that evangelical leaders are willing to support autocrats who share their “family values” agenda while undermining democratic principles and the separation of church and state.
University of Toronto visiting law professor and economist Neil H. Buchanan discusses the potential end of the Musk-Trump administration and reasons for hope during their governance, examining historical parallels, current political dynamics, and public reaction to their policies. Professor Buchanan argues that despite the current pessimistic climate, there are several reasons for optimism, including an unstable political coalition, Trump’s cult of personality that may not survive his absence, historical precedents of positive change like the Civil Rights movement, and the administration’s self-undermining behavior through indefensible policies and poor argumentation.
Cornell Law professor Michael C. Dorf compares the Trump administration’s recent efforts to interfere in a federal corruption case to Richard Nixon’s “Saturday Night Massacre,” highlighting the resignations of principled conservative prosecutors who refused to comply. Professor Dorf argues that while Trump’s actions align with the unitary executive theory favored by some conservatives, the real issue is his disregard for longstanding legal norms that prosecutors should act based on law and facts rather than political influence.
University of Toronto visiting law professor and economist Neil H. Buchanan discusses the current state of American democracy under Trump’s leadership and contemplates both immediate and long-term prospects for democratic restoration. Professor Buchanan argues that while the current situation is dire, there are reasons for hope, including Trump’s limited lifespan, the likely power struggle among his potential successors, and historical precedents of democratic renewal following periods of authoritarianism.
Cornell Law professor Michael C. Dorf discusses the actions taken by Donald Trump shortly after his inauguration, focusing on his disregard for democratic norms and the potential legal violations involved, particularly highlighting the removal of security details from political adversaries like Mike Pompeo, John Bolton, and Anthony Fauci. Professor Dorf argues that these decisions reflect Trump’s vengeful and autocratic tendencies, likening his behavior to that of a dictator or crime boss, and warning of the broader implications for democratic governance and personal safety of those perceived as his enemies.
University of Toronto visiting law professor and economist Neil H. Buchanan discusses the disconnect between Donald Trump’s campaign promises, particularly regarding consumer prices, and the subsequent actions and attitudes of his administration and supporters following his second election win. Professor Buchanan argues that Trump’s voters are not misled by economic grievances but are rather motivated by deeper ideological convictions, particularly concerning race and identity, leading them to support policies and rhetoric aligned with their beliefs despite the apparent abandonment of campaign promises.
SMU Dedman School of Law professor Joanna L. Grossman discusses the impact of Donald Trump’s executive orders during the first week of his second presidency, focusing on his reinstatement and expansion of the global gag rule that affects international sexual and reproductive health. Professor Grossman argues that these actions are reckless and harmful, causing severe setbacks in global reproductive health services, increasing unintended pregnancies and unsafe abortions, and exacerbating challenges in countries heavily reliant on U.S. aid for family planning and HIV treatment.
University of Toronto visiting law professor and economist Neil H. Buchanan discusses the disregard for legal and constitutional norms demonstrated by Donald Trump and supported by figures like Senator Lindsey Graham, as well as the co-opting of religious and patriotic ideals by the political right for partisan gain. Professor Buchanan argues that the defense of Trump’s actions undermines democratic principles and shared cultural values, and he highlights the disturbing alignment of some religious leaders with Trump’s divisive rhetoric despite their religion’s traditional teachings of compassion and unity.
Amherst professor Austin Sarat discusses President Donald Trump’s disregard for legal and constitutional constraints during his first week in office, marked by actions such as attempting to alter birthright citizenship and dismissing inspectors general unlawfully. Professor Sarat argues that these lawless actions are a deliberate strategy to test the checks and balances of the U.S. constitutional system, warning that a lack of pushback from other branches of government could pave the way for authoritarianism.
Attorney Lauren Stiller Rikleen discusses the media’s response to Donald Trump’s executive orders at the start of his administration and their connection to Project 2025, a comprehensive plan to restructure the federal government. Ms. Rikleen argues that the media has failed on two fronts: by not adequately covering Project 2025’s blueprint for dismantling government institutions, and by reflexively framing valid democratic concerns as partisan fights, which “gives the advantage to those seeking to undermine democracy and weakens the function of journalism as a bulwark for a free society.”
Touro Law professor Rodger D. Citron examines five different aspects of presidential pardon power in the context of recent actions by Presidents Joe Biden and Donald Trump, including traditional uses (family pardons, crony pardons, and criminal justice policy) as well as two novel developments: Trump’s campaign-related pardons for January 6 defendants and Biden’s preemptive pardons to protect individuals from potential political retribution. Professor Citron argues that Trump’s use of pardons as campaign promises and Biden’s responsive use of preemptive pardons represent significant departures from historical norms, highlighting how the pardon power has become increasingly weaponized in contemporary politics.
Cornell Law professor Michael C. Dorf examines three recent events in American politics and justice: the House Republicans’ report targeting Liz Cheney, Fani Willis’s removal from the Georgia case against Donald Trump, and Judge Michael Ponsor’s reprimand for criticizing Justice Samuel Alito. Professor Dorf argues that these incidents represent a troubling pattern where those who attempt to hold powerful figures accountable face punishment and humiliation, while the primary wrongdoers face few or no consequences.
Amherst professor Austin Sarat discusses President-Elect Donald Trump's nomination of Pam Bondi and Kash Patel as potential attorney general and FBI Director, respectively, in his upcoming administration. Professor Sarat argues that these appointments signal Trump’s intention to weaponize the Justice Department and FBI for political revenge, warning that Hunter Biden’s allegedly unfair prosecution could become commonplace for Trump’s opponents if Bondi and Patel are confirmed to these positions.
Cornell professor Joseph Margulies analyzes a statement by Senator Ron Wyden criticizing Trump’s Treasury Secretary nominee Scott Bessent, using it as a case study to examine modern political discourse. Professor Margulies argues that instead of engaging in substantive policy discussions about important economic issues like tariffs and deportation, political figures and media often resort to simplistic character attacks and inflammatory rhetoric, contributing to a culture of unthinking political animosity.
