Rachel Barkow

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I didn't think anything could be more cowardly or empty than when she has expressed her "concern" but "urging a pause" definitely takes over. Maine, how can you keep this person in office? Can't you urge her to take a pause for six years in the next election?

Grateful to Darryl Brown of @uvalaw.bsky.social for reviewing my book, Justice Abandoned, in Jotwell. You can read the review here: crim.jotwell.com/the-supreme-...

Alex Pretti’s Sig handgun has history of accidentally firing — offering possible clue to why Border agent shot him

From the NY Post. You know they are really scrambling when they are running "The gun was no angel" stories.

Minneapolis Police Chief Brian O'Hara: "People have had enough. This is the third shooting in less than 3 weeks. The MPD went the entire year last year recovering about 900 guns from the street, arresting hundreds of violent offenders, and we didn't shoot anyone ... this is not sustainable."

I’m sorry I had to head back to NYC tonight — missing seeing so many wonderful folks and this suit!

Thank you!

Prof. @rachelbarkow.bsky.social's book should be required reading for *state* justices, specifically.

Why should state supreme courts blindly follow deeply-flawed rulings responsible for widespread atrocities when they have their own, independent *state* constitutions?? bsky.app/profile/stri...

what a humiliating way for don jr. to find out his dad sends birthday cards.

Trump’s Fake Fight on Crime Deploying the National Guard is about many things, but it is not about fighting crime

"Deploying the National Guard is about many things, but it is not about fighting crime. If Trump were serious about that, he would deploy different federal resources, and none of them would involve people in military uniforms."

Today on Substack from @rachelbarkow.bsky.social:

New paper alert!

My latest - "Brady's Shadow" - is now on SSRN: papers.ssrn.com/sol3/papers....

Still a work in progress—would love your thoughts.

It's about how one spectacularly failed doctrine somehow cannibalized other, more promising avenues for criminal discovery.🧵

The Price of Pragmatism: How the Court’s Retreat from the Constitution Fueled Mass Incarceration A crucial flaw, Barkow observes, is that true originalist judges wouldn’t predetermine a conclusion and then contrive doctrines that erode constitutional safeguards to achieve their desired outcome.

www.cato.org/blog/price-p...

My review of a book all law students, criminal law practitioners, and jurists should read.

Thank you!

In this week's 1-on-1, NYU law professor
@rachelbarkow.bsky.social joins Harry to expose how the Supreme Court quietly enabled mass incarceration—from pretrial detention to stop-and-frisk—and lays out the constitutional case for undoing it. Link: bit.ly/BarkowTF

Thank you!

Wow. Amazing interview on @strictscrutiny.bsky.social this week with Prof. @rachelbarkow.bsky.social about her book Justice Abandoned. I’m very familiar (from tutoring) with the embedded crim law principles (pre-trial detention, coercive plea bargaining, Terry stops) and had totally normalized them.

In #JusticeAbandoned, @nyulaw.bsky.social professor Rachel Elise Barkow indicts the #SupremeCourt for key decisions that “enabled #massincarceration by compromising constitutional principles to accommodate politicians, prosecutors, and police officers ...” #SCOTUS

Read more: jlusa.org/2025/07/02...

Podcast: Brennan Center LIVE Brennan Center LIVE is a podcast created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, criminal justice, and the Constitution.

Can originalism and mass incarceration coexist? In Justice Abandoned, Rachel Barkow says no, and in this episode, she joins Preet Bharara and Hernandez Stroud to explain why. Listen to what these experts have to say: bit.ly/49ExMSe

Podcast: Brennan Center LIVE Brennan Center LIVE is a podcast created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, criminal justice, and the Constitution.

Mass Incarceration didn’t just happen — the Supreme Court helped pave the way. Rachel Barkow and Preet Bharara break down six key cases in this new Brennan Center Live episode. Listen now: bit.ly/49ExMSe

Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

You can get Prof. Barkow's book Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration
here:
bookshop.org/p/books/just...

a man in a wheelchair with his mouth open says i want soup Alt: a man in a wheelchair with his mouth open says i want soup

NEW: Kate & Melissa talk about SCOTUS enabling the destruction of government; firing Maurene Comey (federal prosecutor in the Epstein case); & Emil Bove.

Then Rachel Barkow @rachelbarkow.bsky.social joins to talk about her new book Justice Abandoned

crooked.com/podcast/scot...

Very glad he's leaving us one more book: www.cambridge.org/core/books/c...

Oh dear. RIP to one of the great ones, as a scholar and as a person.

Very saddened to learn that Professor Fallon passed away yesterday. He was a towering legal mind as well as a patient and generous teacher who left his mark on generations of law students.

Very sorry to hear of his passing. Professor Fallon was such a mensch to his students that it was easy to
forget he was a giant.

Dick Fallon was a brilliant scholar, inspirational teacher, and all-around wonderful human being. I owe my career to him. He was the best mentor, and I will miss him. I'm glad I had a chance to tell him how much he meant to me before he passed, but the pain is still searing. RIP to a beautiful soul.

Opinion | Governors, Use Your Clemency Powers

Governors, Use Your Clemency Powers www.nytimes.com/2025/07/11/o...

The Supreme Court’s Indiscriminate Approach to Discrimination The Skrmetti decision on transgender care for minors

open.substack.com/pub/staytune...