The Kagan-Gorsuch Axis and Kavanaugh v. Gorsuch - Chapter III
An interesting set of line-ups in today's Supreme Court opinions
Criminal Justice
Is This Still the Stare Decisis Court?
The Roberts Court still overturns prior precedent at a lower rate than its post-War predecessors.
Short Circuit: A Roundup of Recent Federal Court Decisions
Spy networks, cyberattacks, and the price we pay for civilization.
When They See Us Is Compelling Storytelling, but Not All Rings True
A meticulous re-enactment of the misbegotten prosecution of the Central Park Five gets a lot right.
Supreme Court Rules in Favor of Curtis Flowers, Man Tried 6 Times for Same Crime
The high court ruled that prosecutor Doug Evans violated Flowers' constitutional rights when Evans sought to keep African-Americans off of the jury.
Cory Booker Proposes Thousands of Drug War Commutations If Elected President
Booker would move the process away from prosecutors and into the White House.
Of Crosses, Deference and Delegation
A day of relatively small opinions from SCOTUS suggests big doctrinal developments may be on the horizon
A Troubling Supreme Court Decision on Non-Delegation
Today's ruling in Gundy v. United States allows Congress to delegate to the executive broad power to create new criminal offenses. But there is hope the Court might reconsider Gundy in the future.
Lives Ruined for Petty Crimes
A new book explores how America's criminal justice system heaps debts on those who can't possibly pay.
Rampant Criminal Laws Make Bullies and Tyrants Rejoice
When "almost anyone can be arrested for something," no one is safe.
Police Officer Threatens To Shoot Pregnant Woman After Her Child Took Barbie From Family Dollar Store
"There is no situation in which this behavior is ever close to acceptable," said Phoenix Mayor Kate Gallego.
Gorsuch Joins Ginsburg in Decrying a 'Colossal Exception' to the Ban on Double Jeopardy
The Trump appointee is not impressed by the logic of the "dual sovereignty" doctrine: "Really?"
Appellate Court Upholds Constitutionality of Federal Hate Crimes Act Conviction Based on the Commerce Clause
The decision is a complicated ruling that potentially sets a dangerous precedent for the scope of federal power under the Constitution.
A Judge Called His Mandatory Sentence 'Excessive' and 'Wrong.' Less Than a Year Later He Died In Federal Prison
Frederick Turner was sentenced to a mandatory 40 years on nonviolent drug and firearm charges. He ended up in a high-security federal prison, and now he's dead.
His Father Was Murdered. He Helped End the Death Penalty Anyway.
“I wanted to be more than somebody who is the son of a murder victim.”
To Hold but Not to Have: California's Marijuana Laws Get Weird When You're in Jail
It's not illegal for inmates to have marijuana, but it's still a felony if they try to smoke it.
Can the Fourth Amendment Save Us from the Coming Era of Pervasive Biometric Surveillance?
New technologies mean new crimesolving techniques—and new threats to privacy and liberty.
St. Louis Ordered to Stop Keeping People Imprisoned Just Because They Cannot Afford Bail
People charged—but not convicted—of crimes often have to wait weeks to see a judge if they’re too poor to pay for their freedom.
The City of Vallejo, California, Has a Police Problem—and It's All Being Caught on Camera
A small city in California has been plagued by police shootings, costly civil rights lawsuits, and incidents of excessive force.
Did Craig Hicks Murder His Neighbors Because They Were Muslims? Should It Matter Legally?
The debate about whether the killer should have been prosecuted for federal hate crimes shows how the Justice Department targets defendants based on the opinions they express.
Asset Forfeiture Funding Has Little Impact on Solving Crimes, Says New Study
A new study by the Institute for Justice says federal asset forfeiture funds have little to no impact on solving crimes, suggesting police are more interested in the revenue it generates
1,051 Crack Sentence Reductions Illustrate Painful Progress Toward a Less Mindlessly Punitive Justice System
On average, crack offenders who have benefited from the FIRST STEP Act will serve 14 years instead of 20.
How Oakland Cops Gamed the System To Earn $30 Million in Overtime Pay
A new audit reveals how poor oversight and structural problems allowed one Oakland cop to earn $2.5 million in overtime pay in five years.
Scott Daniel Warren Is Free (for Now) After Jury Can't Reach Verdict on Charges for Aiding Migrants
Plus: Amash says the "two-party system is hurting America," Zuckerberg gets deepfaked, Wonkette's lame defense of Harris, and more...
Does Letting Witness Testify Wearing Partial Veil Violate the Confrontation Clause?
Depends on how much of the face it covers, the California Court of Appeal seems to suggest.
ACLU Says Harvard 'Sacrificed Principles Central to Our Legal System' When It Fired Ron Sullivan
The civil liberties giant defends a law professor who took on Harvey Weinstein as a client.
You Can Get 5 Years in Prison for Selling Llama Poop, and Other Ludicrous Laws
Mike Chase, the man behind the popular @CrimeADay Twitter feed, on his new book, How to Become a Federal Criminal
Kamala Harris Tries (Again) to Rewrite Her History as a Prosecutor of Petty Crimes
Plus: YouTube moderation, over-the-counter birth control, craft brewery regulation, New York prostitution laws, and more...
Cop Arrests Mom for Letting Kids Wait in Car During 10-Minute Errand
A Pennsylvania mom faces reckless endangerment charges for assuming her children—ages 2, 5, and 7—could survive a very short wait.
Migrant Kids As Young As 5 Were Left in Vans Overnight While Waiting to Reunite With Their Families
It took 39 hours for every child to be reunited with their parents.
Was Scot Peterson's Cowardice a Crime?
The criminal charges against the former Broward County sheriff's deputy for failing to intervene in the Parkland shooting seem like a stretch.
Newly Released Files Document the FBI's Participation in the Hunt for Bigfoot
During the 1970s, an FBI crime lab analyzed a purported sample of Bigfoot hair.
Do You Feel Safer Knowing the FBI Has Access To 640 Million (!) Headshots?
Don't worry, a spokesman tells Congress, the agency has "strict policies" for using facial recognition technology.
D.C. Sex Workers Want Decriminalization—and City Council Members Agree
'We know what we want to do with our bodies, and we don't need government interference.'
San Francisco Police Got a Warrant to Monitor a Journalist's Phone Before Raiding His Apartment
The move is an assault on the First Amendment.
Nobody Should Be Placed in Solitary Confinement—Not Even Paul Manafort
Paul Manafort isn’t deserving of torture. Neither was Kalief Browder.
