Are the Cornell 7 Being Tried on Social Media?
Plus: Tennessee botches the execution of Christa Pike, and Sam Altman says the benefits of AI are worth the risks.
Due Process
Letitia James Has Already Suggested the Cornell 7 Are Guilty
New York Gov. Kathy Hochul appointed a special prosecutor who has already implied that she sides with Jane Doe.
Cornell Lawsuit, Data After Dark, Botched Execution
Robby Soave and Christian Britschgi discuss the Cornell rape lawsuit, D.C.'s pro–data center party, an attempted hijacking, and Tennessee's failed attempt at capital punishment
Judge Preliminarily Blesses $1.5 Million Settlement for Victims of a Tiny Town's 'Policing for Profit'
Financially motivated traffic enforcement produced a huge surge in revenue for Brookside, Alabama, where "fines and forfeitures" accounted for half the city's income in 2020.
Beware the Rush to Judgment in the Cornell Rape Case
As with similar cases at UVA and Duke Lacrosse, it's important to get the facts first.
A Trump Appointee Blocks the President's Banishment of Disfavored News Outlets
U.S. District Judge Timothy J. Kelly is skeptical of the belated "national security" rationale for banning CNN, MS NOW, and Politico from the White House.
TRO Issued Ordering Reinstatement of CNN, MS NOW, and Politico White House Access
The court's rationale is that revoking reporters' passes violated the Due Process Clause, given D.C. Circuit precedent on the subject; the court didn't reach the outlets' First Amendment arguments.
After Banishing Journalists for Writing 'Purposely Negative' Stories, Trump Invokes 'National Security'
The president hopes that post-hoc rationalization will override due process and freedom of the press.
3 Leading News Outlets Say Their Sudden Banishment From the White House Is Unconstitutional
In a federal lawsuit, CNN, MS NOW, and Politico argue that Trump's bans violate due process and freedom of the press.
No Warrant, No Suspicion, No Problem: Flock and Border Cellphone Searches Excluded From 4th Amendment Rules
Cops keep carving out tech exceptions to the Fourth Amendment—and courts are giving them their blessing.
Lindsay Clancy's Holdout Juror Did What Jurors Are Supposed To Do
Just as a holdout may be a bulwark against wrongful conviction, a unanimous verdict is difficult to obtain by design.
ICE's Missing Miscarriage Data Leave Questions About Pregnancy Care in Detention
The Trump administration has reached record-breaking levels of immigration arrests amid accusations of medical neglect, including among pregnant women.
The 8th Circuit Lets the Government Retroactively Repair Unconstitutional Gun Cases Against Pot Smokers
A SCOTUS petition argues that the practice, which allows a judicial finding of dangerousness based on a preponderance of the evidence, violates the Fifth Amendment.
He Spent Nearly 6 Years in Prison Based on the Word of a Notoriously Dishonest Houston Drug Cop
In a federal lawsuit, Byron Prophet argues that police supervisors "turned a blind eye" for years as Gerald Goines framed innocent people.
This ICE Office Detains People for Days in Overcrowded Holding Cells
ICE's standards say these cells shouldn't be used to confine people for more than 12 hours. But that's not how it works in Miramar, Florida.
Trump Administration Plans New Facility To House 3,000 Migrant Kids. Many of Them Lack Legal Representation.
Trump's mass immigration campaign is leaving migrant children alone to navigate a complicated immigration system that was once meant to protect them.
Border Agents Searched His Phone 5 Times Without a Warrant. He's Asking the Supreme Court To Put a Stop to It.
How many warrantless cellphone searches does it take to change border policy?
Dropped Cases Against Alleged Reflecting Pool Vandals Followed a Rush to Judgment
Trump still seems to think the question of individual guilt or innocence is irrelevant.
New NYU Brennan Center Article on "Using State Constitutions to Combat Exclusionary Zoning"
It explains how to better use both existing state constitutional provisions, and constitutional amendments. Based on a longer academic article, coauthored with Joshua Braver.
Border Cops Can Search Your Phone Whenever They Want, If You're Within 100 Miles of the Border
They can also search it without a warrant if you're flying abroad. Yes, even if you're an American citizen.
How the Right to Trial Became a Legal Fiction
Half a century after approving coercive plea bargaining, the Supreme Court is beginning to recognize its costs.
'Scrap It and Start All Over': Ex-Bush and Obama Officials Say the War on Terror's Powers Have Gone Too Far
In a rare display of candor, former Attorney General Alberto Gonzales and former Homeland Security chief Jeh Johnson reflected on torture, Guantanamo Bay, and the 2001 Authorization for Use of Military Force.
Balogun's World Cup Red Card Is Suspended -- Justly
I've seen some carping about the process. But getting to the right result is the ultimate goal.
Why Balogun's World Cup Red Card Was Incorrect
A lawyer's—and former trial judge's—perspective.
4 Ways the 'Big Beautiful Bill' Supercharged Trump's Immigration Crackdown
A look back on a year of immigration enforcement expansion funded by the OBBBA.
Neil Gorsuch Urges Supreme Court To Correct 2 Wrong Turns That Undermined Civil Liberties
The justice criticizes the Court’s endorsement of coercive plea bargaining and its embrace of dubious Fourth Amendment doctrines.
Here Are Some Ways SCOTUS Can Constrain Federal Agencies That Are Now Subject to Trump's Untrammeled Control
The Supreme Court has "no shortage of tools" to enforce the separation of powers, Justice Neil Gorsuch notes. "The only real question is whether we will use them."
New Jersey Supreme Court Requires Transparency for Facial Recognition Evidence
Prosecutors in New Jersey must disclose how the technology is used in criminal cases, the state’s Supreme Court ruled.
A Supreme Court Decision Restricting Appeal Waivers Underlines the Injustice of Coercive Plea Bargaining
The Supreme Court ruled that "an agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice."
The Trump Administration Seriously Considered Unilaterally Suspending the Writ of Habeas Corpus
The proposal was nixed only after White House Staff Secretary Will Scharf explained why it was legally dubious.
Colorado Becomes Second State To Create Right to an Attorney When Police Seize Your Property
A bill tightening Colorado's civil asset forfeiture laws passed the state legislature by wide bipartisan margins and was signed into law by Gov. Jared Polis.
Department of Homeland Security
DHS Says He's a Terrorist. His Lawyers Say He's Being Punished for Palestinian Advocacy.
The legal team of Salah Sarsour alleges that he risks death from being denied basic diabetes care after two months in detention.
Trump's Position in the White House Ballroom Case Reflects His General Resistance to Judicial Review
The president has repeatedly argued that courts have no business deciding whether his actions are legal.
Penis Measurements Cannot Justify a Sex Offender's Indefinite Detention, South Carolina's Top Court Says
The court unanimously ruled that penile plethysmography is unreliable and inadmissible as evidence of recidivism risk.
DHS Can't Decide If There's a Hunger Strike Going on at a New Jersey Detention Center
Trump administration officials say there's no hunger strike at the Delaney Hall detention center in New Jersey, but they'll force-feed detainees if it gets bad enough.
250 Years Later, Benjamin Franklin's Warning Is Still Relevant
He famously said the Founders had created "a republic, if you can keep it." How have we kept it? And can we continue?
An Alabama Mom Delivered a Preterm Baby in a Jail Cell. She Says Staff Refused To Help.
The mother is suing after she delivered her preterm baby on the jail's floor following 24 hours of labor with no medical assistance.
How the ACLU Started Defending the Second Amendment
The civil liberties group, which long maintained that there is no constitutional right to arms, sang a different tune at the Supreme Court this year.
Secret ICE Memo Tells Local Police Not To Disclose Immigration Enforcement Info Without ICE's Permission
The agency's transparency policies may undermine federal and state laws designed to ensure the free flow of information necessary to hold government actors accountable.
DHS Reportedly Weighs Closing Florida's 'Alligator Alcatraz' Over Mounting Costs
Sources say the immigration detention center costs more than $1 million a day to run.
Federal Judge Delivers Due Process Win Against DOJ Registry Overreach
The Justice Department is permanently blocked from prosecuting Californians who fail to register when the state no longer requires it.
