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John Pfaff

@johnpfaff.bsky.social

Professor at Fordham Law. Prisons and criminal justice quant. I'm not contrarian, the data are. Author of Locked In. New stuff at johnfpfaff.com.

43,901 Followers  |  729 Following  |  15,349 Posts  |  Joined: 02.06.2023
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Posts by John Pfaff (@johnpfaff.bsky.social)

Yeah, AEDPA is bad too. There's just only so many atrocities any one person can focus on, and mine's been much more on the PLRA, which I think gets even less attention than AEDPA (which still gets far too little), and is more directly tied to prison growth issues that are my wheelhouse.

02.03.2026 21:31 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Yeah, it's not great that it has taken on two contradictory definitions.

But to argue that the drop-as-release is the LEGALESE take is what really got me. Not that it's confusing, but that the legal profession is using it in this way a technical term.

02.03.2026 21:26 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Excellent thread and piece on underfunded indigent defense.

Gideon and Argersinger were, like many SCOTUS decrees, unfunded mandates, which states have been eager to leave underfunded.

Courts could force the issue via ineffective assistance rulings, but SCOTUS's Strickland standard is ... strict.

02.03.2026 21:01 β€” πŸ‘ 16    πŸ” 5    πŸ’¬ 0    πŸ“Œ 1
Preview
a man with a beard wearing a crown and a helmet is standing in a dark room . Alt: a man with a beard wearing a crown and a helmet is standing in a dark room . saying you make me sad

I also want to say I'm very disappointed in you, Bluesky. I read ~100 comments to the Rupar post, and there were ZERO WH40K comments, despite an aging man of an orange hue talking abt Terra.

I don't even PLAY 40K, and I could see the reference.

I thought the nerd quotient here was MUCH higher.

02.03.2026 19:20 β€” πŸ‘ 19    πŸ” 1    πŸ’¬ 1    πŸ“Œ 0
Preview
a man with a beard wearing a crown and a helmet is standing in a dark room . Alt: a man with a beard wearing a crown and a helmet is standing in a dark room . saying you make me sad

I also want to say I'm very disappointed in you, Bluesky. I read ~100 comments to the Rupar post, and there were ZERO WH40K comments, despite an aging man of an orange hue talking abt Terra.

I don't even PLAY 40K, and I could see the reference.

I thought the nerd quotient here was MUCH higher.

02.03.2026 19:20 β€” πŸ‘ 19    πŸ” 1    πŸ’¬ 1    πŸ“Œ 0

His imperial aspirations know no limit, here or in the Void.

02.03.2026 19:12 β€” πŸ‘ 32    πŸ” 9    πŸ’¬ 3    πŸ“Œ 1
You can see the final drop become airborne.
Similar to the mechanism that aerosolizes toilet water when you flush.
Also how COVID and other diseases become airborne.

You can see the final drop become airborne. Similar to the mechanism that aerosolizes toilet water when you flush. Also how COVID and other diseases become airborne.

Me: Here's something to take our mind off the horrors we live in.

This website: Man, doesn't this MAKE YOU THINK OF COVID?!

It's okay to sometimes just enjoy life. Even when things are bad--actually, ESPECIALLY when they are. Getting publicly mired in constant misery is bad for everyone.

02.03.2026 16:39 β€” πŸ‘ 25    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
How small does water get? #shorts  #slowmo
YouTube video by The Slow Mo Guys How small does water get? #shorts #slowmo

So, a break from ... all this.

This could be one of the most cool, beautiful, and intriguingly soothing things I've seen in a long time.

02.03.2026 15:51 β€” πŸ‘ 86    πŸ” 36    πŸ’¬ 6    πŸ“Œ 2

I feel like no other law has such a bad ratio of "actual harm done" to "people not knowing or caring about it" than the PLRA.

02.03.2026 15:40 β€” πŸ‘ 2    πŸ” 2    πŸ’¬ 1    πŸ“Œ 0

While advocates have spent YEARS screaming about the mostly-irrelevant 1994 Crime Bill, the Prison Litigation Reform Act (the law at issue here) quietly grinds away, shielding our brutal prison system from whole swathes of accountability, almost completely ignored.

02.03.2026 14:52 β€” πŸ‘ 211    πŸ” 83    πŸ’¬ 5    πŸ“Œ 1

But AFAIC recall, not one Dem POTUS candidate has said a word about the PLRA (it’s possible that Castro did back in 2020, but if he did he’s the only one).

It flies under the radar. And kill is literally lethal.

02.03.2026 14:52 β€” πŸ‘ 12    πŸ” 2    πŸ’¬ 0    πŸ“Œ 0

And on and on. Here, today: not letting poor inmates w no other options engage in common practices other plaintiffs are allowed to.

Plaintiffs who, thanks to the 13A loophole, are distinctly UNABLE to raise funds to otherwise pay.

Just brutality at every turn.

02.03.2026 14:52 β€” πŸ‘ 19    πŸ” 5    πŸ’¬ 1    πŸ“Œ 0

Or the misinterpretation of obscure, poorly-written funding provisions means, now, that lawyers in these cases only get a (low) fixed % of damages.

That’s bad enough.

But it gets worse, in ways that (again) don’t lead to easy stories.

Most big cases are for INJUNCTIONS, not damages.

So fee? $0.

02.03.2026 14:52 β€” πŸ‘ 5    πŸ” 1    πŸ’¬ 1    πŸ“Œ 0

When 9th Cir put entire CA prison system in receivership, they reported that overcrowdingβ€”enabled by PLRA limits on protesting bad conditionsβ€”was causing over 60 deaths deaths/yr via bad medical care.

Every death row in the US, combined? Executing fewer than that.

CA GenPop = biggest US death row.

02.03.2026 14:52 β€” πŸ‘ 6    πŸ” 3    πŸ’¬ 1    πŸ“Œ 0

The PLRA is so much harder to get excited abt (ask me how I know!).

It’s abt exhausting state admin options (yawn) before having standing (yawn) to sue in Fed court. It’s about fee structures (yawn), attorney compensation, and lawsuit bonds (yawn).

Legally technical. And deadly.

02.03.2026 14:52 β€” πŸ‘ 13    πŸ” 2    πŸ’¬ 2    πŸ“Œ 0

Now, in practice, once you look at the numbers, the states only took 30% of what was offered, most states took ~nothing, prison pops were already growing by 1995, and actual declined by 2001.

The bill didn’t do much.

But the STORY about it is easy, and gripping. Wrong. But compelling.

02.03.2026 14:52 β€” πŸ‘ 7    πŸ” 3    πŸ’¬ 1    πŸ“Œ 0

It’s a great example of how evil survives by being technocratic, and why it’s important to be passionate abt the boring stuff.

The 1994 Crime Bill gets attention bc the story it tells is easy to grasp and emotional: β€œFeds offered billions to build prisons, and we took the bribe!”

02.03.2026 14:52 β€” πŸ‘ 9    πŸ” 3    πŸ’¬ 1    πŸ“Œ 0

While advocates have spent YEARS screaming about the mostly-irrelevant 1994 Crime Bill, the Prison Litigation Reform Act (the law at issue here) quietly grinds away, shielding our brutal prison system from whole swathes of accountability, almost completely ignored.

02.03.2026 14:52 β€” πŸ‘ 211    πŸ” 83    πŸ’¬ 5    πŸ“Œ 1

Yet I also have been loyal to here, and this Food Coop crack (which has been proven valid by just how many ppl get the joke without needing an explanation) is spot on, so 🀷.

02.03.2026 01:53 β€” πŸ‘ 19    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

There are two moments in my past where early snap judgments proved so correct that I am proud of the foresight they reflected:

1. Thinking even during Occupy that Matt Taibbi was suss.

2. Checking out the Food Coop when I moved to Park Slope 20 yrs ago and instantly thinking β€œno, y’all are nuts.”

02.03.2026 01:53 β€” πŸ‘ 38    πŸ” 2    πŸ’¬ 2    πŸ“Œ 0

I just threw together a website visualizing this ICE contract data! You can browse through the companies and their contracts, and filter them by state micahflee.github.io/ice-contracts/

01.03.2026 20:46 β€” πŸ‘ 746    πŸ” 488    πŸ’¬ 26    πŸ“Œ 17

The GOP has already made it clear that they plan to use Trump's ill-conceived war of choice as a pretext to try to push through the DHS spending bill by stoking fears of a terrorism risk THEY caused.

In the best of times, FBI statements now would be suspect. But under Kash's FBI? All the more so.

01.03.2026 21:08 β€” πŸ‘ 23    πŸ” 8    πŸ’¬ 2    πŸ“Œ 0

Despite the Dragnet "just the facts, ma'am" view of police press releases that we tend to have (important side note: the LAPD was a major consultant for Dragnet, which they saw a great way to burnish policing's rep), police are political actors, and their press statements should be seen accordingly.

01.03.2026 21:08 β€” πŸ‘ 24    πŸ” 6    πŸ’¬ 1    πŸ“Œ 0

It sucks to have to think this way, but:

Just saw a headline saying the FBI is investigating the Austin mass shooting bc of what they claim are preliminary indicators of a "nexus" to terrorism.

I think papers should be VERY wary of reporting FBI claims along these lines early on, bc of this here.

01.03.2026 21:08 β€” πŸ‘ 84    πŸ” 19    πŸ’¬ 3    πŸ“Œ 0

Will and Graceless.

01.03.2026 20:30 β€” πŸ‘ 25    πŸ” 4    πŸ’¬ 0    πŸ“Œ 0
"Today I was being thankful, embracing how incredibly blessed I
am to grow up here, to have this tremendous opportunity," said Ms.
Tlaib, who usually attends prayers for holidays. "Sometimes I say,
'Thank her,' because my Allah is She."

"Today I was being thankful, embracing how incredibly blessed I am to grow up here, to have this tremendous opportunity," said Ms. Tlaib, who usually attends prayers for holidays. "Sometimes I say, 'Thank her,' because my Allah is She."

I assume (American-born) Tlaib is a Sunni too, given ~all Palestinians are, and regardless this doesn't sound like someone who hews to a fundamentalist take on Islam would say.

Just so tired of this juvenile Republican social media accounts. Close to zero reps should use theirs. It's embarrassing.

01.03.2026 19:32 β€” πŸ‘ 30    πŸ” 4    πŸ’¬ 0    πŸ“Œ 0

I mean, Omar is a Sunni Muslim born Somalia (raised in a moderate anti-Wahhabi family, per Wikipedia).

Not that I'd expect Mace to understand any of the words, or to care even if she did, given I know this is just naked anti-Muslim rage-baiting.

I just can't help factchecking things sometimes.

01.03.2026 19:25 β€” πŸ‘ 65    πŸ” 7    πŸ’¬ 1    πŸ“Œ 0

We are trapped in a War on Terror time loop, except unlike how Bill Murray progressively improves in Groundhog Day, we keep getting worse.

We did the terror prediction market back in 2001, and Congress shut it down on bipartisan lines.

Now we just almost seem to shrug.

01.03.2026 17:28 β€” πŸ‘ 27    πŸ” 11    πŸ’¬ 1    πŸ“Œ 1

That’s great to hear, and congrats!

01.03.2026 03:08 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Sameβ€”both figuratively and, after track meets or (far worse) when he came back from week-long overnight cross-country camp, literally.

01.03.2026 02:54 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 2    πŸ“Œ 0