Why Libertarian-Leaning Reps. Massie and Amash Voted Against the House's Anti-Lynching Bill
Lynchings are already illegal. But the law would give prosecutors more power—including what amounts to an expansion of the federal death penalty.
Criminal Justice
Bivens Liability and Its Alternatives
If the Court is going to abolish the 20th century remedies, can we at least have the 19th century remedies back?
Encryption Foes in Washington Won't Give Up
Government officials keep trying to make us expose our data to them—and the criminals who ride on their coattails.
Stone Cold Justice
The problems with federal sentencing guidelines are real and troubling, even in cases that do not involve the president’s pals.
Video: Orlando Cops Arrest Crying 6-Year-Old Girl
One of the officers was fired after arresting two 6-year-olds in one day.
The Federal Judges Association tells members that "emergency meeting" was not called to discuss President Trump's intervention in Stone Sentencing
"Unfortunately, though It was not anticipated that the calling of the meeting would become public, it did. That fact led to inferences and reports that were, at a minimum, misleading."
Oklahoma Wants To Use Its Old Lethal Injection Protocol, Despite Past Botched Executions
Oklahoma messed up three executions in just two years.
Video of an Alleged 'White Van' Kidnapping in Springfield Went Viral. Nothing Actually Happened.
Police say there were no reports of attempted kidnappings.
Justice Thomas: "'it is never too late to 'surrende[r] former views to a better considered position.'"
In two opinions today, Justice Thomas disagrees with his previous positions
"Veteran" Ninth Circuit Judges Complain to L.A. Times About New Ninth Circuit Judges
Judges should not leak internal proceedings to the media
Short Circuit: A Roundup of Recent Federal Court Decisions
Graffiti destruction, vagrant ousting, and restored voting rights.
Three thought experiments: How can Congress structurally reform the federal clerkship program?
What if Congress standardized the hiring process, imposed minimum qualifications, and converted term clerks to career clerks?
Tennessee Executes Nick Sutton, Despite Protests from Prison Guards and the Victims' Families
"Nick Sutton has gone from a life-taker to a life-saver," read a clemency petition filed by corrections staff, the families of several victims, and five of the jurors who sentenced him to death.
Cass Sunstein's plan to limit the President's control over the Justice Department
Sunstein's two proposals would conflict with the Morrison v. Olson majority opinion
Chicago Judge Says His Bail Reforms Were a Success. But Independent Reviews Show Flaws and More Crimes.
Did Cook County overdo it and let too many dangerous defendants free?
Right to Removal of "Inaccurate, Irrelevant, Inadequate, or Excessive" Information About People …
proposed as a "Right to be Forgotten Act" in Iowa, apparently prompted in part by the Carson King controversy.
Joe Biden Is Happy To Talk About Michael Bloomberg's Stop-and-Frisk Record Because It Distracts From His Own Terrible Crime Policies
"The policy was abhorrent," Biden said of Bloomberg's stop-and-frisk program. Yes, but so was pretty much every criminal justice policy Biden pushed through the Senate.
"Writer's Safe Faces Search Ahead of France Pedophilia Trial"
Am I the only one who parsed this the wrong way at first?
Federal Appeals Court: Florida Can't Require Payment of Court Debts To Regain Voting Rights
"Equally guilty but wealthier felons are offered access to the ballot while these plaintiffs continue to be disenfranchised, perhaps forever."
Trump's Continuing Commentary on Criminal Cases Reflects His Disdain for the Rule of Law
The president remains frankly puzzled by the distinction between can and should.
A Michigan Police Task Force Is Playing Jurisdiction Games To Avoid Compensating an Innocent Man Cops Put in the Hospital
The Institute for Justice calls on the Supreme Court to put a stop to it.
Bail Reform in Chicago Appears to Have Increased Crime
A reanalysis of data from the Cook County courts suggests that as more defendants were released before trial, more crimes resulted
New Op-Ed in the Washington Post: "The Constitution does not place a wall between the president and the Justice Department"
"If Trump has the power to nullify a sentence after it has been imposed, he also has the far less significant power to inveigh against the severity of a sentence in advance."
Bill Barr Knew He Would Be a Hatchet Man for Trump
Barr's big complaint is that the president is so overt with the sleazy pressure.
The gun guy and illegal militia founder who became President: George Washington
Our first President understood that armed citizens are essential to American freedom
Houston D.A. Doubles the Scope of Her Case Review Following a Deadly Drug Raid Based on a Phony Affidavit
After declaring another man arrested by Gerald Goines "actually innocent," the Harris County district attorney says prosecutors are re-examining cases going back to 2008.
Can a State Police Officer Search a Car Based on Probable Cause of a Federal Marijuana Crime?
A fun case about cross-enforcement of the Fourth Amendment now before the Ninth Circuit.
"If Jesus Was a Jew, Why Does He Have a Puerto Rican First Name?"
A supposedly "offensive" quote from Michael Bloomberg -- but that just shows how easily some people are offended.
Judge Sentelle Smacks Down the Trump Administration
The D.C. Circuit makes short work of the Medicaid work rules.
