Dangers of a World Where "Almost Anyone Can be Arrested for Something"
A recent dissenting opinion by Supreme Court Justice Neil Gorsuch highlights some of the dangers of the enormous scope of modern criminal law.
Criminal Law
Vox Symposium on Whether a Sitting President Can be Indicted and Prosecuted for a Crime
The symposium includes contributions by 16 legal commentators, including VC bloggers Keith Whittington and myself.
Justice Department Decides Not to Appeal Court Ruling Striking Down Federal Law Banning Female Genital Mutilation
The decision is likely to be unpopular. But it is the right thing to do nonetheless, as the law is unconstitutional. Not every evil must be addressed by a federal law.
Supreme Court Rules that Excessive Fines Clause Applies to States and Constrains Civil Asset Forfeiture
The decision in Timbs v. Indiana is a significant step forward for property rights and civil liberties, though a key issue remains to be resolved by lower courts.
Refusal to Testify = Being Accessory After the Fact
An interesting 2018 California case I just came across.
No, Gov. Cuomo, Journalists Shouldn't Be an Extra-Protected Class: Reason Roundup
Plus: Rand Paul has "never been prouder" of Trump, the Women's March clashes with the Park Service, and Vegas' first Stripper Parade & Expo is coming soon.
Cynthia Nicoletti's Secession on Trial: The Treason Prosecution of Jefferson Davis
Constitutional theory meets criminal defense meets Civil War history.
Why the Federal Law Banning Female Genital Mutilation is Unconstitutional
FGM is a horrible crime. But banning it is one of many issues the Constitution leaves to the states, much like banning rape and murder. Yesterday's court decision striking down the law was correct.
Ignorance Is Trump's Excuse
Given the president's confusion about campaign finance law, how could he have "knowingly and willfully" violated it?
Trump Might Be a Criminal. But So Is Everyone Else.
A question that now hangs like a miasma over D.C. is "Which of my staffers would hang me out to dry in order to avoid going to federal prison?"
The Case Against Deporting Immigrants Convicted of Crimes
Immigrants who commit crimes should be punished. But no more than others who commit the same offense.
The 'Protect and Serve Act' Is both Unnecessary and an Assault on Federalism
There is no justification for a proposed law that would make attacks on police officers a federal crime.
Extra Punishment in Texas for Rape if You're Married -- and for Rape of Married People
This isn't an enhancement for assaults on your spouse -- it's an enhancement for assaults on anyone, if you happen to be married.
