The court’s clearly established problem
If a person is convicted of a crime in state court, they can petition a federal court for relief by claiming that their conviction violates the federal constitution. However, the…
The history the court would rather not see
In 2021’s New York State Rifle & Pistol Association v. Bruen, the Supreme Court held that modern gun laws must be “consistent with the Nation’s historical tradition of firearm regulation”…
The Supreme Court’s neutering of the First Step Act
In 2018, Congress passed the First Step Act with rare bipartisan support. Hailed as “the most significant criminal justice reform bill in a generation,” the basic premise of the act…