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Strict Scrutiny
The Hubris and Hackery of Aileen Cannon
Jul 22, 2024
Legal experts Josie Duffy Rice, Kathrina Szymborski Wolfkot, and writer Kyle Barry discuss relying on state courts and state constitutional law in addressing criminal legal system challenges. They delve into the hubris and hackery of Judge Aileen Cannon's decision on the Trump classified documents case, highlighting the promises and challenges of state courts in enforcing rights against extreme punishments and shaping federal law.
01:13:49
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Quick takeaways
- Federal courts' failure to address prison abuses highlights the need for state court intervention on Eighth Amendment issues.
- State courts can lead national criminal justice reforms by setting precedents for accountability and compassion in sentencing and treatment.
Deep dives
Lack of Federal Court Enforcement
The Supreme Court's failure to enforce constitutional rights, such as the Eighth Amendment protections against extreme sentences and prison conditions, has left a void in addressing abusive practices in prisons. Cases where individuals have endured years of solitary confinement without exercise or suffered torture-like conditions have been dismissed by federal courts, often citing qualified immunity. The lack of federal court intervention in such cases contributes to the perpetuation of systemic human rights violations in prisons.
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