Rachel Barkow

Rachel Barkow, a prominent professor at NYU Law School and former U.S. Sentencing Commission member, dives into the alarming conversation around the potential suspension of habeas corpus, spotlighting comments from Trump advisor Stephen Miller. She emphasizes Congress's crucial role in safeguarding constitutional rights against executive overreach. The discussion also touches on the implications of political language surrounding habeas corpus and historical precedents for its limitation, all while reflecting on the legacy of Supreme Court Justice David Souter.

Rachel Barkow, a law professor at NYU and author of *Justice Abandoned*, dives deep into the controversial use of presidential pardon power under Trump and Biden. She critiques Biden's end-of-term pardons and Trump's pardons for January 6 defendants, highlighting issues of nepotism and favoritism. Barkow also raises alarms about Supreme Court precedents affecting justice and discusses her experience clerking for Justice Antonin Scalia, revealing surprising bipartisan commonalities in their dialogue.

In this engaging discussion, NYU law professor Rachel Barkow explores her book, 'Justice Abandoned'. She makes a compelling case about how key Supreme Court rulings have strayed from the Constitution, allowing mass incarceration to flourish. Listeners will delve into the complexities of originalism, the Eighth Amendment, and the impact of historical judicial attitudes. Barkow also shares her experiences as a law clerk for Justice Scalia, advocating for a reevaluation of the justice system. A thought-provoking genie tradeoff adds an intriguing twist!

Legal experts Joyce Vance, Rachel Barkow, and Elie Honig analyze the Supreme Court's ruling on Trump's immunity, discussing implications for criminal prosecutions and Trump's New York conviction. They also delve into other SCOTUS rulings related to January 6 prosecutions and the 'administrative state', with a bonus analysis on emergency abortions.

Rachel Barkow, a NYU criminal law professor and CAFE contributor, unpacks the Supreme Court's role in mass incarceration in this insightful discussion. She addresses how historical decisions have paved the way for current injustices in the criminal justice system. Barkow critiques pretrial detention laws that undermine the presumption of innocence and examines the impact of political pressures on judicial decisions. She also discusses the Trump administration’s controversial criminal justice policies, highlighting the need for reform and accountability.