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.
Criminal defense attorney Jon May describes how Donald Trump might govern if re-elected, focusing on his potential appointments to key positions like Attorney General and FBI Director. Mr. May argues that Trump would likely select officials who prioritize loyalty to him over adherence to the Constitution, potentially leading to the implementation of extreme policies and the investigation of Trump’s perceived enemies, which could significantly erode democratic norms and institutions.
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 the upcoming sentencing of Donald Trump in New York and the challenges faced by Judge Juan Merchan in deciding when to hold the sentencing hearing and what punishment to impose. Professor Sarat argues that Judge Merchan’s decision requires both legal acumen and practical wisdom, as it could have significant political ramifications for the 2024 presidential election, regardless of whether the sentencing is delayed or proceeds as scheduled.
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.
Stanford Law visiting professor Joanna L. Grossman and Boston University law professor Linda C. McClain discuss the sexist and misogynistic rhetoric employed by Donald Trump and J.D. Vance in their political campaigns, particularly focusing on their attacks against Vice President Kamala Harris. Professors Grossman and McClain argue that these attacks, which include criticizing Harris for being “childless” and labeling her a “DEI hire,” are part of a broader Republican strategy to reinforce patriarchal values and undermine women’s progress in politics and society.
UC Davis Law professor Vikram David Amar analyzes Judge Aileen Cannon’s dismissal of the improper-documents-handling indictment against former President Donald Trump, focusing on Judge Cannon’s interpretation of the Appointments Clause and its implications for Special Counsel Jack Smith’s appointment. In this second in a series of columns, Professor Amar argues that Judge Cannon’s ruling is flawed because it fails to consider the broader constitutional context and ignores that the current arrangement with Smith does not meaningfully differ from alternative setups that would be unquestionably constitutional, thus suggesting a need for a more flexible interpretation of the relevant statutes.
UC Davis Law professor Vikram David Amar analyzes Judge Aileen Cannon’s decision to dismiss the Mar-a-Lago document handling indictment against former President Donald Trump, focusing on the judge’s reasoning regarding Special Counsel Jack Smith’s appointment. Professor Amar argues that Judge Cannon’s ruling is flawed due to her failure to respect the proper role of a district court judge in relation to higher court precedents, particularly the Supreme Court’s Nixon tapes case, and her misunderstanding of the larger constitutional context surrounding special counsel appointments.
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.
University of Toronto visiting law professor and economist Neil H. Buchanan discusses the aftermath of a recent shooting incident at a Donald Trump rally, exploring the various narratives, conspiracy theories, and political implications that have emerged. Professor Buchanan argues that the deeply polarized nature of current American politics makes it nearly impossible for people to agree on a shared understanding of events, potentially exacerbating political divisions and undermining the democratic process.
Cornell professor Joseph Margulies discusses the concept of demonization in society, particularly in light of a recent attempted assassination of former President Donald Trump. Professor Margulies argues that rejecting demonization requires more than just avoiding certain language; it demands recognizing our own capacity for evil, abandoning the notion that eliminating a single person or group will solve all problems, and ultimately accepting that there is no “them,” only “us.”
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.
University of Toronto visiting law professor and economist Neil H. Buchanan discusses the recent shooting at a Trump rally and its implications for American politics and society. Professor Buchanan argues that the incident represents three interconnected tragedies: the personal loss of life and injury, the failure of the political system to prevent such violence, and the inability of the public to reach a consensus on what actually happened due to the current polarized and conspiratorial political climate.
Amherst professor Austin Sarat discusses the attempted assassination of former President Donald Trump and its implications for American democracy and political violence. Professor Sarat argues that this event, combined with ongoing efforts to undermine election integrity and the increasing acceptance of political violence, poses a significant threat to the stability of American democracy and the principles of free and fair elections.
Criminal defense attorney Jon May examines Project 2025, a plan developed by conservative organizations to overhaul the Executive Branch, with a focus on its potential impact on the Department of Justice under a second Trump administration. Mr. May argues that Project 2025 is a roadmap for subverting the rule of law and transforming the DOJ into an instrument of political oppression, warning that its implementation would lead to authoritarian control, the politicization of law enforcement, and a threat to democratic principles.
Law professor and economist Neil H. Buchanan discusses the debate within the Democratic Party about whether President Joe Biden should continue as the nominee for the 2024 presidential election. Professor Buchanan argues that those calling for an open discussion about potentially replacing Biden are being unfairly attacked and silenced by Biden supporters and contends that having this conversation is crucial for the party’s chances of defeating Donald Trump and preserving American democracy.
Law professor and economist Neil H. Buchanan discusses the potential outcomes of the 2024 U.S. presidential election, focusing on Joe Biden’s performance in a recent “non-debate” event and the broader implications for the Democratic Party and American democracy. Professor Buchanan argues that even if Biden is replaced as the Democratic nominee, Republican efforts to manipulate the electoral system and a heavily biased Supreme Court make a Trump presidency likely regardless of the election results, but he emphasizes that Democrats should still strive to win legitimately to strengthen future resistance against autocratic rule.
University of Pennsylvania professor Marci A. Hamilton examines the current U.S. presidential candidates, Donald Trump and Joe Biden, through the lens of the Founding Fathers’ constitutional principles and concerns about tyranny and abuse of power. Professor Hamilton argues that neither candidate is suitable for the presidency based on the Framers’ ideals, with Biden potentially leading to an ineffective government due to age-related issues and Trump posing a threat to democracy through his authoritarian tendencies, ultimately suggesting that voters should reject both options.
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.
