Amherst professor Austin Sarat comments on a recent decision by a federal district court judge deferring to the evidence provided by the state in support of its lethal injection procedure, despite significant contradictory evidence. Professor Sarat argues that the trilogy of Supreme Court precedents on lethal injection not only altered the legal standards but tilted the playing field for fact-finding when death row inmates bring lethal injection challenges.
In this second of a two-part series of columns on a Seventeenth Amendment case currently before the Oklahoma Supreme Court, Illinois Law dean Vikram David Amar and professor Jason Mazzone consider whether Senator Jim Inhofe’s promise to resign is enforceable and whether there anything else Inhofe (and the state) could do to vindicate his (and its) wishes.
Amherst professor Austin Sarat comments on the ongoing federal trial in Oklahoma challenging that state’s lethal injection protocol. Professor Sarat describes Oklahoma’s history with the death penalty and explains why this particular case is so noteworthy.
Amherst College professor Austin Sarat points out that botched executions are commonplace in the United States and that their frequency has only increased during the last decade as states have experimented with different lethal injection drugs and drug combinations. Professor Sarat critiques the way journalists tend to cover these botched executions and argues that civil society needs to view these errors as routine, rather than as mistakes. The only way to break this pattern, he argues, is to stop altogether the practice of using death as a punishment.
Amherst professor Austin Sarat observes that a sharp reduction in executions during the COVID-19 pandemic represents a clear departure from the typical response to crisis in the United States. Professor Sarat explores whether this departure signifies the demise of capital punishment, or instead whether, as suggested by Oklahoma’s plan to execute seven people over the next six months, we will see a return to the historic norm.
Cornell law professor Michael C. Dorf comments on the recent decision by the U.S. Supreme Court in McGirt v. Oklahoma, holding that a substantial portion of the state of Oklahoma is an Indian reservation of the Creek Nation. Dorf observes that the majority’s approach in McGirt makes it more likely that courts will find the existence of reservations for other tribes, but there could be collateral consequences in many other contexts.
Cornell University law professor Sherry F. Colb comments on a bill currently under consideration by the Oklahoma legislature that would require a woman who wants to have an abortion to first obtain the written consent of the father of the pregnancy. Colb argues that not only is the bill plainly unconstitutional, but it is also outright misogynistic.
Cornell University law professor Sherry F. Colb comments on an Oklahoma abortion restriction law that the governor vetoed last month. Colb argues that this law more authentically reflects the pro-life perspective on abortion than other laws that have passed in other states but explains why it makes more sense to pass legislation that stands a chance of surviving judicial scrutiny, even if it does not authentically capture a proponent’s genuine view of the issue at stake.
Cornell University law professor Michael Dorf comments on a case involving free speech on license plates that may reach the U.S. Supreme Court in the near future. As Dorf points out, if the Court agrees to hear the case, it will be the third major license plate case it has decided. Dorf argues that the appeals court in the present case most likely erred in failing to protect the plaintiff’s right against compelled speech, but a broadly written Supreme Court opinion reversing the lower court could potentially undermine anti-discrimination law.