From my law colleague Curtis Bradley:
I’m usually cautious in making assessments like this, but it now seems difficult to deny that the United States is sliding towards authoritarianism. How else can one describe, among other things, using the military to suppress dissent and punish Democratic cities and employing the Justice Department and FBI to persecute political opponents? I doubt that courts alone have the power to reverse this trend; the reversal will need to come from the American people. But I think that Justice Robert Jackson was surely right in the Youngstown case when he said that, although our democratic institutions “may be destined to pass away, . . . it is the duty of the Court to be last, not first, to give them up.”
So law professors, do you agree? If not, why not (give reasons!)? And if you do agree, what are you doing about it, i.e, to resist, flee, or something else?




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