The United States’ turn toward naked coercion and transactional deal-making represents both a genuine departure from its commitment to the liberal international legal order and the culmination of that order’s internal contradictions.
The conviction of Anti-ICE protestors on terrorism charges represents a dangerous new front in the Trump administration's war against the left. Yet it also highlights a longer history: over the past several decades, legislatures and courts have enacted a form of guilt by association that is antithetical to collective political action.
U.S. attacks on alleged drug trafficking boats in the Caribbean have been widely condemned for violating international law. Yet much of this criticism, by focusing narrowly on the Trump administration's military excesses, risks repeating a familiar mistake: debating how the United States wages war while leaving unquestioned why it wages it at all.
When students, staff, or faculty are accused of being associated or "aligned" with terrorist organizations, universities may be pressed to take immediate and harsh action, if only to quell media attention and appear compliant with this lawless Administration’s wishes. Universities must prepare for this possibility, learn about the underlying legal frameworks, and refuse to operate on the basis of fear rather than legal necessity or moral principle.
As neoliberal attacks on progressive taxation emptied public coffers, states and municipalities increasingly turned to fines and fees to generate revenue. More fundamentally, criminal punishment became a necessary correlate to a state that must enforce property rights against an ever-growing multitude.
The heuristic of non-reformist reform can help avoid ultra-leftism and create the possibilities for coalition, such as across groups who care about transparency. It can help us salvage the transformative potential of demands that seem to have lost their teeth. But to realize these ends without falling back into reformist pieties, the framework demands rigorous, context-specific thinking that eschews dogmatism.