Three cheers for the Constitution's right to a jury: a federal jury in Los Angeles "took just over an hour to acquit [Brayan] Ramos-Brito of a misdemeanor assault count" in an ICE-scuffle case hinging heavily on the testimony of border sector chief Gregory Bovino, now doing raids in Chicago.

Yet another piece on the role of juries: www.ocregister.com/2025/10/02/r...

From my colleague @foxmike90.bsky.social: The Framers saw citizen juries as a bulwark against tyranny, and D.C. juries could do much to curb Jeanine Pirro’s penchant for pressing doubtful charges in politically charged cases.

From my colleague Matthew Cavedon: under the Constitution, it's up to states (and not, as he seems to think, Donald Trump) to decide to what extent to rely on cash bail. Either way, improved pretrial supervision can offer an option better tailored to the rights of defendants and needs of the public.

Some preliminary thoughts on Trump's new executive order "Countering Domestic Terrorism and Organized Political Violence," which declares a law enforcement crackdown on some ill-specified blend of action and speech by his political adversaries, on grounds that they encourage and abet violence. /1

Critics including Elon Musk have assailed my @cato.org colleague Alex Nowrasteh's study finding that most politically motivated terrorist killings in the U.S. since 1975 have been done by persons on the right. Alex responds to the critics here and explains his methods and classifications.

The Supreme Court’s ruling in Barnes v. Felix was counted as a major win for police accountability. By the time the Fifth Circuit was done with the case, though, the Barnes family’s hopes were dashed, writes my colleague @foxmike90.bsky.social

My tribute to my friend @rethinkintel.bsky.social

The Constitution protects both the right to keep and bear arms and the right to travel. Massachusetts nonetheless prosecutes out-of-staters who drive in MA with a gun in their trunk, even though they never used it in MA. Cato urges certiorari of Mass. top court ruling upholding that [Matt Cavedon]

Supreme Court will hear our case challenging Trump's massive IEEPA tariffs, along with 2 related cases. I hope SCOTUS, like lower courts, will recognize President doesn't have monarchical power to impose taxes in form of tariffs! See link for details: reason.com/volokh/2025/...

Fifth Circuit correctly rejects Trump admin's arguments for vast discretionary authority under the Alien Enemies Act. @ilyasomin.bsky.social says Judge Oldham's 130-page (!) dissent is a "herculean" effort that just goes to "underscore the radical and dangerous nature of the government’s position."

We cannot have a country where the rights of one person matter more than the rights of another, simply because they were born in a different country or are the descendants of someone who was. www.cato.org/blog/freedom...

cc: @radleybalko.bsky.social @foxmike90.bsky.social @thebulwark.com @andycraig.bsky.social @aaronrosspowell.com @liberalcurrents.com @theunpopulist.net @walterolson.bsky.social @thereloadteam.bsky.social @gunownerfoundation.bsky.social @apnews.com @reuters.com @politico.com

The Sixth Amendment prescribes that "all" criminal prosecutions be tried by jury, yet the Supreme Court has chosen to make "petty offenses" an exception, even when they bring jail time, and even if stacked. Observe the results in Pirro's prosecution of the recent D.C. flag burning case.

cc: @radleybalko.bsky.social @davidjbier.bsky.social @reason.com @thenation.com @motherjones.com @theintercept.com @huffpost.com @kenwhite.bsky.social @chrishudsonjr.bsky.social @foxmike90.bsky.social @jvl.bsky.social @thebulwark.com @propublica.org @texasobserver.org @texastribune.org @apnews.com

This is 82-year-old pilot Ken Jouppi. Alaska seized his $95,000 plane—and has spent *13 years* trying to keep it forever. Why? Because a passenger once brought a 6-pack of beer on his flight. Now he has one last hope. A thread.

“The Happiest Place On Earth” is a trademarked phrase of the Disney company. Otherwise I might be tempted to use it to describe Cato today after the appeals court struck down the tariffs. @cato.org

Trump prosecutors in L.A. and D.C. have been striking out before grand juries in politically charged cases. That's encouraging, says my colleague @foxmike90.bsky.social

More FAKE assaults

My colleague @foxmike90.bsky.social on Trump's BS no cash bail EO. www.cato.org/blog/price-f...

Historically, criminal defendants could only be held for short periods of time as needed to effectuate trial. www.cato.org/blog/price-f...

Manhattan Institute analyst argues in the New York Post that when critics call for ICE agents to wear badges and not masks, it is because we *want them to be afraid for their personal safety,* not because, say, we want them to be legally accountable and not terrify innocents. Utterly contemptible.

The way to end this? Just shut it down.

New ICE recruitment ad just dropped via Jesse Welles

Here we have the Department of Homeland Security—the agency allegedly responsible for protecting the U.S. from terrorism—rounding up delivery bikes outside of my office in Dupont Circle. What a fabulous waste of taxpayer dollars.

www.cato.org/multimedia/c... Last week, I sat down with @billybinion.bsky.social to discuss how distorted policing tactics can undermine public safety. This is particularly pertinent today in light of President Trump's occupation of DC.

Curbing violent crime calls for investing in speedy, certain apprehension and conviction of the most serious offenders, a process that will often call for community cooperation, writes @foxmike90.bsky.social. A Trump-style show of force does little toward this and indeed could even hurt.

The most effective crime deterrent isn’t the length of a sentence, rather the certainty of being caught and swiftly punished. www.cato.org/blog/path-sa...

Here's my short explanation of why I don't think the presently constituted Supreme Court will undo the rights created by Obergefell any time soon. @ilyasomin.bsky.social reprints it and adds commentary of his own.

www.cato.org/blog/price-p... My review of a book all law students, criminal law practitioners, and jurists should read.

Not trust. It's the professional bias of federal judges, nearly all of whom are former, often long-time Exec branch legal advocates spouting "deference to the Executive" in more legal opinions than you could count. cc: @conlawwarrior.bsky.social @foxmike90.bsky.social @walterolson.bsky.social

Lessons for today of the John Peter Zenger case, from my colleague @foxmike90.bsky.social

Another excellent piece by my colleague @foxmike90.bsky.social on the institutional incentives prosecutors have to engage in de facto witness bribery, thus trashing anything resembling "justice under law." www.counterpunch.org/2025/08/01/t...

If missed, from me: a piece in the Wall Street Journal proposes that masked toughs should not be going in disguise on the street "while terrorizing others and flouting the law." The authors mean violent protesters, but did the paper by accident or otherwise include another layer of meaning?

Save the date! On Wed. Aug. 6 at 3 pm Eastern, I'll be hosting a Cato webinar on the lessons New York City's primary holds for ranked choice voting and election reform, joined by three terrific panelists from across the political spectrum. Watch for registration details to come! #RCV

From my colleague @foxmike90.bsky.social: As a former public defender, I know the Supreme Court lets immigration agents indiscriminately detain people based on physical appearance. But it was still a jolt to see White House “border czar” Tom Homan say it right out loud.

The framers would undoubtedly be appalled by Homan’s approach and dismayed to see self-proclaimed “originalists” embrace such flagrantly unconstitutional conduct in their name. www.msnbc.com/opinion/msnb...

“Even in less dangerous times, the Court would have done better to avoid today's ruling. But the present moment — in which the Trump administration has launched a full-court press of deliberate lawbreaking... — is the worst time for it.” My comment on today's universal injunctions case.

Opinion by Justice Jackson "is in line with congressional intent and will bring much needed relief to those serving draconian sentences." Cato colleague @foxmike90.bsky.social comments on Supreme Court decision in Hewitt v. U.S.

As a former public defender, I know better than to confess to a crime. But recently, I found myself in a situation that perfectly illustrates just how easily an ordinary person can stumble into legal trouble, even with the best intentions. www.cato.org/blog/beyond-...

www.foxnews.com/opinion/bret... I wrote about this absurd case a few months back and have been involved ever since. Here are some updated pieces highlighting recent developments.

www.cato.org/blog/when-pr... Injustice will always prevail if we’re not willing to fight for what we know to be right. In public interest law, you learn to brace for losses and to cherish the wins.

It just so happens that they could bring him back, despite telling the judge they couldn’t. Good. It’s about time.

When good intentions are met with an iron fist, the public loses faith in our criminal justice system. www.washingtonexaminer.com/restoring-am...

fedsoc.org/commentary/f... Last week, the Supreme Court issued a unanimous decision governing the framework by which judges and juries assess the reasonableness of police use of force.