Rachel Barkow

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...

Good morning, NYC!!!!

Authoritarian Drift: Rachel Barkow on the Rise of Militarized Policing in America - Jews United for Democracy and Justice JUDJ-Prepared Summary from June 12, 2025 | Justice Abandoned: What Happens When the Supreme Court, the Constitution and the Rule of Law Are Ignored? The views and opinions expressed in this blog are t...

ICYMI: 'Rachel Barkow on the Rise of Militarized Policing in America' conversation w/Warren Olney (w/link to YT video) @rachelbarkow.bsky.social www.jewsunitedfordemocracy.org/blog/authori...

The U.S. imprisons a larger percentage of its population than any other country. How did we get here? @rachelbarkow.bsky.social rejoins the podcast with host Matt Adams to discuss the financial, societal and practical costs of rising incarceration trends. Listen now: bit.ly/4loSJXO

It's already openly claiming the Geduldig spot

damn -- Duckworth to Hegseth: "If you want to be the DHS secretary, maybe you can apply for that job when you're fired from this one due to your incompetence."

Does the ICE Deputy Field Director look for people to detain by following his nose? It always knows.

They might as well offer a pumpkin spice latte with each submission

"We are devastated and heartbroken at the loss of our parents, Melissa and Mark. They were the bright lights at the center of our lives, and we can't believe they are gone. Their love for us was boundless. We miss them so much. "We want everyone to know that we are both safe and with loved ones. We are grateful for the outpouring of love and support we have received, and we appreciate your respect for our family's privacy as we grieve. "Our family would like to thank law enforcement for their swift action that saved others and for the coordination across communities that led to the arrest of the man who murdered our parents. We especially would like to thank the officers who were first on the scene to our parents' home and their heroic attempts to rescue our mom and dad. "Our parents touched so many lives, and they leave behind an incredible legacy of dedication to their community that will live on in us, their friends, their colleagues and co-workers, and every single person who knew and loved them. "If you would like to honor the memory of Mark and Melissa, please consider the following: • Plant a tree. • Visit a local park and make use of their amenities, especially a bike trail. • Pet a dog. A golden retriever is ideal, but any will do. • Tell your loved ones a cheesy dad joke and laugh about it. • Bake something — bread for Mark or a cake for Melissa, and share it with someone. • Try a new hobby and enjoy learning something. • Stand up for what you believe in, especially if that thing is justice and peace. "Hope and resilience are the enemy of fear. Our parents lived their lives with immense dedication to their fellow humans. This tragedy must become a moment for us to come together. Hold your loved ones a little closer. Love your neighbors. Treat each other with kindness and respect. The best way to honor our parents' memory is to do something, whether big or small, to make our community just a little better for someone else."

Please read and share this statement from Sophie and Colin Hortman, children of Rep. Melissa Hortman and her husband Mark.

(via WCCO reporter Caroline Cummings on X)

Voted today. No Cuomo and #nokings