"The Only Rule that Governs the Confirmation Process Is the Law of the Jungle"
A 2016 op-ed by Benjamin Wittes and Miguel Estrada is worth revisiting.
Criminal Justice
Juror in Breonna Taylor Case Sues for Right To Reveal What Really Happened in Court
Plus: Presidential candidates take the stage tonight, the most-banned books of the last decade, and more...
Minneapolis City Council's Promise To Dismantle Police Is Now in Political Limbo
Aggressive sloganeering doesn't necessarily lead to policy reforms.
Tasing Moms Who Refuse Masks Does Not Make the World a Healthier Place
Once a desire—or even a good idea—is turned into a mandate enforceable by the cops, violence is only one disagreement away.
What Sort of Justice Should You Want on the Other Side?
Noah Feldman explains why liberals should want someone like Amy Coney Barrett on the Supreme Court
Restrict Asset Forfeiture
It's time to do something about police seizures of property from innocent people.
What did Professor Amy Coney Barrett say about NFIB v. Sebelius?
"In NFIB v. Sebelius, the inspiration for Barnett’s book, Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute."
Stop Overpolicing
Excessive traffic and pedestrian stops, especially in black communities, are dangerous and counterproductive.
My Contribution to the Politico Symposium: "A New Roberts Court Begins for the Last Time"
If reports are accurate, Justice Amy Coney Barrett may be the final 9th Justice
Salt Lake City Police Shot a Teen During a Mental Health Wellness Check
"I don't feel good. Tell my mom I love her," the 13-year-old said immediately after being shot.
Federal Prosecutors Argue COVID-19 Is Just 'One More Way to Perish in Prison'
Atilano Dominguez was serving a life sentence for marijuana offenses, and federal prosecutors tried to ensure he died behind bars.
Florida Drops Prostitution Case Against Robert Kraft, Still Pursues Charges Against the Women He Paid
Plus: DHS wants to ban some immigrants from getting four-year degrees, Louisiana cop who claimed attack admits he shot himself, and more...
The Legal Response to Breonna Taylor's Death Shows How Drug Prohibition Transforms Murder Into Self-Defense
The hail of bullets that killed her can be justified only in a country that uses violence to enforce politicians' pharmacological prejudices.
During a Routine Child Services Check, Cops Hog-tied a Mom and Carried Her Out 'Like a Pig Upside Down'
The home wellbeing visit resulted in Vanessa Peoples going to jail with a dislocated shoulder.
Amy Coney Barrett Demolishes the Qualified Immunity Claim of a Detective Accused of Framing a Man for Murder
The case is an encouraging sign that the SCOTUS contender is not the sort of judge who bends over backward to shield cops from liability for outrageous misconduct.
Grand Jury Charges 1 Louisville Police Officer Involved in Breonna Taylor Shooting With 'Wanton Endangerment'
The charges are not for killing Taylor, but rather endangering her neighbors with wild shots.
Section 230's Latest Attacker: The Justice Department
A new DOJ proposal aims to bring the internet communications law in line with Trump's personal interpretation of it.
Resolve the 'Anarchist Jurisdictions' Dispute With Less Government Meddling
Peace will come only from leaving other people alone on the condition that they do the same for us.
Florida Gov. Ron DeSantis Unveils Bill To Stiffen Penalties for Protesters and Punish Towns That Cut Police Budgets
The parts that aren't constitutionally dubious are brainless culture-war fodder.
Police Are Using $1.6 Billion in Surplus Military Gear Doled Out Since 9/11
That includes 1,114 armored personnel carriers.
SCOTUS Contender Amy Coney Barrett's Mixed Record in Criminal Cases
While the 7th Circuit judge is often skeptical of the government's position, some of her conclusions will give pause to civil libertarians.
The Justice Department Sees 'Anarchy' Overtaking New York City. If Only That Were Remotely True.
The Big Apple is practically a black hole of overpolicing and regulation.
Release Body Cam Footage
With the right freedom of information and use policies, wearable cameras could still be a powerful weapon to increase transparency.
End the War on Drugs
Drug prohibition turns police officers into enemies to be feared rather than allies to be welcomed.
Democrats Scuttle Marijuana Decriminalization Vote Over Fears of Not Being Deferential Enough to Cop Lobbyists
If Congress is too afraid to vote on marijuana reform, how the hell are they ever going to pass policing reform?
Surveying the Federal Government's Kafkaesque System of Legalized Larceny, the 5th Circuit Sees No Due Process Problem
Gerardo Serrano, whose truck was seized over five forgotten handgun rounds, waited two years for a hearing he never actually got.
In April, She Was Jailed on a Probation Violation. By June, She Was Dead.
Holly Barlow-Austin suffered horrifying medical neglect at a Texarkana detention facility, according to video evidence in a new lawsuit.
Virginia Democrats Declined To End Qualified Immunity. Police Unions Are Alive and Well.
Another example of how powerful the law enforcement lobby is
Louisville Will Pay $12 Million to Settle Lawsuit by Breonna Taylor's Family
The agreement also includes several reforms aimed at preventing reckless drug raids based on dubious evidence.
Half of All False Convictions in the U.S. Involved Police or Prosecutor Misconduct, Finds New Report
If you’re looking for accountability, we’ve got some bad news for you.
