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

"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.🧵

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

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

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...

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

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

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...

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.

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

Good morning, NYC!!!!

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

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.

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

I would like to go back in time to the French Open mens' final yesterday when I didn't think about all the awful things in the world for 5 1/2 glorious hours

Love this!

If you're in NYC this Thursday, please come join us to talk about mass incarceration and the Supreme Court and some lessons for current court cases involving the Trump Administration's threats to due process.

When the Framers put the pardon power next to the commander-in-chief power in Article II, I'm sure this is what they had in mind

Why are Trump's latest pardons so problematic? "Pardons are now part of a concerted partisan effort to reward loyalists while punishing critics and detractors," writes @rachelbarkow.bsky.social. Read her latest article: staytuned.substack.com/p/partisan-p...

It was a pleasure to speak with @steveinskeep.bsky.social this morning about Trump’s recent pardons and how they compare to the historical use of the pardon power www.npr.org/2025/06/02/n...

Pres. Trump’s deportation plans are making the U.S.’s biggest private prison companies lots of money, with ICE set to spend billions more on detention. @petramolnar.com says the system “profits off misery” and @rachelbarkow.bsky.social credits a “targeted lobbying machine” for the profits. #Velshi

Pres. Trump’s deportation plans are making the U.S.’s biggest private prison companies lots of money, with ICE set to spend billions more on detention. @petramolnar.com says the system “profits off misery” and @rachelbarkow.bsky.social credits a “targeted lobbying machine” for the profits. #Velshi

Please join me @velshimsnbc.bsky.social 10a-1p w/ Nicholas Kristof @petramolnar.com @rachelbarkow.bsky.social @robinstevenson.bsky.social #Velshi 2/2

Would the Supreme Court fail to stand up for constitutional liberties when faced with government claims of public safety and necessity? @rachelbarkow.bsky.social, author of the new book Justice Abandoned, says it’s done so multiple times in the past.

Good Divided Argument post by @rachelbarkow.bsky.social blog.dividedargument.com/p/guest-post...

NEW EPISODE: "Gorsuch Genie" We're joined by NYU Prof ‪@rachelbarkow.bsky.social‬ to discuss her new book, "Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration." dividedargument.simplecast.com/episodes/gor...

Really fun talking about my book, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration with @epps.bsky.social and @williambaude.bsky.social on @dividedargument.bsky.social dividedargument.com/episodes/gor...

I wrote about the parallels between Trump’s current threats to due process and Nixon’s campaign to expand pretrial detention thehill.com/opinion/crim...

If you’re in NYC on June 5, please join us for a conversation about the Supreme Court’s role in enabling mass incarceration and its current challenges in the Trump Admonistration

What role did the Supreme Court play in the rise of mass incarceration? Join us for an in-person discussion on @rachelbarkow.bsky.social 's new book Justice Abandoned with @preetbharara.bsky.social, moderated by @stroud.bsky.social, on June 5, Thurs., at 6pm ET. RSVP:

The U.S. locks up more people than any other nation on Earth. How did this happen? On June 6 at 6 p.m. at NYU Law, join @rachelbarkow.bsky.social, @preetbharara.bsky.social, and me as we explore the U.S. Supreme Court’s role in mass incarceration. www.brennancenter.org/events/const...

The Supreme Court was tested before w/claims that public safety requires the Constitution to yield. It caved, mass incarceration followed. Join me, @preetbharara.bsky.social & @stroud.bsky.social for a discussion of how this history informs current challenges www.brennancenter.org/events/const...

I've seen some awful "fear of too much justice" arguments in my day, and this one is right up there.

🚨 Stay Tuned with @preetbharara.bsky.social is now on Substack 🚨 Less shouting, more thoughtful dialogue. It’s a community for reasoned voices in unreasonable times. Preet explains why it's so important to stay tuned: open.substack.com/pub/staytune...

Stay Tuned with Preet just launched on Substack! Find thoughtful, measured, and informed comments on law and politics from a great team (that somehow I managed to get on). I hope you'll give @PreetBharara’s welcome letter a read and check out the content. staytuned.substack.com/p/what-you-c...

Join @bji.bsky.social on Zoom today (Friday 5/9) at noon (PT) for a conversation with Judge Brett Alldredge (ret.) and @nyulaw.bsky.social Prof. @rachelbarkow.bsky.social about Barkow’s new book, Justice Abandoned www.law.berkeley.edu/research/bji...

I'm thrilled that Sarah Seo is moving downtown to NYU @nyulaw.bsky.social! If you haven't read her first book ("Policing the Open Road: How Cars Transformed American Freedom"), I highly recommend it www.hup.harvard.edu/books/978067...

I'm begging you, PBS, please do not air The Man in the Iron Mask