Strict Scrutiny SCOTUS Enables Government Destruction
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Jul 21, 2025 
In this engaging discussion, Rachel Barkow, NYU Law professor and author of Justice Abandoned, dives into the Supreme Court's troubling role in facilitating mass incarceration and ignoring constitutional rights. She highlights the consequences of recent rulings impacting government authority and civil servant protections. The conversation also touches on the historical context of punitive measures and plea bargaining, revealing the deep injustices within the legal system and the urgent need for reform in American criminal justice.
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SCOTUS Enabled Mass Incarceration
- The Supreme Court has played a subtle yet crucial role in enabling mass incarceration by weakening constitutional protections in criminal cases.
- Many rulings that seem accepted now once eroded fundamental rights which were not considered constitutional before.
Salerno Shifted Pretrial Detention
- Salerno authorized pretrial detention based solely on perceived dangerousness, overturning the presumption of innocence.
- This ruling paved the way for widespread pretrial incarceration and abuse by removing critical protections.
Fear Undermines Constitutional Rights
- Fear of danger often leads courts to prioritize public safety over constitutional rights.
- The Supreme Court's deference to government claims has enabled rights erosion under the guise of security.
