Access to Justice

  • May 21, 2026

    Exoneree Says New Haven, Conn., Had DNA Proof For Decades

    A Connecticut man who was exonerated of sex crimes is seeking compensation after at least one rape kit that the New Haven Police Department had long claimed was destroyed was located and tested, ruling him out as a suspect, nearly 38 years after he was locked up.

  • May 21, 2026

    Two Wrongly Jailed Awaiting Psych Beds, Mass. Justices Say

    Massachusetts' highest court ruled Thursday that criminal defendants who were ordered hospitalized for psychiatric evaluation should not have been held without bail when no hospital beds were immediately available. 

  • May 21, 2026

    Justices Remain Unresolved On Execution IQ Limits

    The U.S. Supreme Court on Thursday declined to rule on a case challenging limits on executing people whose IQ test results indicate they may have intellectual disabilities, leaving justices at odds months after oral arguments over how courts should weigh such test scores.

  • May 20, 2026

    Mich. Supreme Court Mulls Remote Court Access Rules

    The Michigan Supreme Court held administrative hearings on Wednesday concerning several proposed amendments to Michigan court rules, including adding more specific guidelines for remote hearings, making language services free for civil cases, and allowing law students and recent law graduates to appear on behalf of indigent people in all Michigan courts.

  • May 18, 2026

    NC Says Open-Court Gun Review Didn't Prevent Fair Trial

    A North Carolina trial court did not violate state rules when it allowed jurors, at their request, to view in open court a weapon in connection with a case against a man accused of gun and drug charges, state lawyers have told the North Carolina Supreme Court.

  • May 15, 2026

    DOJ Says Conn. Has No Right To Regulate Feds' Use Of Force

    The U.S. Department of Justice on Friday sued Connecticut in federal court over a recently enacted state law that subjects in-custody deaths to state oversight, requires federal agents to wear identifying badges, and bans law enforcement officers from wearing facemasks, calling the act "blatantly unconstitutional."

  • May 15, 2026

    6th Circ. OKs Immunity In Louisville, Ky., Traffic Stop Shooting

    The Sixth Circuit has ruled that a Louisville Metropolitan Police Department officer is shielded by qualified immunity from a civil rights lawsuit filed against the officer after he shot and killed an armed-robbery suspect who had driven his car into police during a traffic stop.

  • May 15, 2026

    High Court Ruling On Sexist Prosecution Has Broad Impact

    The U.S. Supreme Court's short opinion last year finding that an Oklahoma woman's capital trial was potentially marred by sexist and prejudicial evidence has been cited over 100 times since, and not just in cases involving gender bias. Litigants have invoked the ruling to challenge their convictions over a wide range of issues involving prosecutorial prejudice, bias and trial fairness — but courts so far have been reluctant to grant relief.

  • May 15, 2026

    IQ Tests And Innocence: Doubts Rattle Ark. Death Row Case

    Doubts about the guilt of Roderick Rankin, an Arkansas man sentenced to death for murdering three members of his ex-girlfriend’s family, have grown since a pastor said Rankin's brother Rodney confessed to the killings. His case sits at the intersection of actual innocence claims, false confessions, intellectual disability and federal habeas law. When the U.S. Supreme Court declined to hear the case earlier this month, it left many of those questions unresolved.

  • May 15, 2026

    DOJ Says Grant Condition Stay Must Stop At 3 Programs

    The U.S. Department of Justice told a Rhode Island federal judge that a stay blocking grant conditions tied to immigration status and diversity efforts should apply only to several programs and that a nonprofit coalition is improperly trying to expand its reach.

  • May 15, 2026

    6th Circ. Upholds $10M Verdict Against Detective In Brady Suit

    The Sixth Circuit has upheld a $10 million jury verdict for a Michigan man who spent more than six years in prison before prosecutors concluded he was not guilty of murder, ruling that a Detroit detective could not use the man's vacated conviction to block his civil rights suit.

  • May 15, 2026

    Va. Resentencing Law Provides Relief To Cannabis Offenders

    The governor of Virginia signed a bill Friday enacting resentencing legislation that will allow people who are serving sentences for marijuana-related convictions to seek reductions for conduct that, since 2021, wasn't a chargeable offense in the state, her office said.

  • May 15, 2026

    Balancing The Scales: Justices To Revisit Sentencing Rules

    The U.S. Supreme Court will take a closer look at a circuit split over the deference that should be allotted to U.S. Sentencing Commission commentary, and a man convicted in the killing of an infant has been released after 27 years served over evidence that points to pneumonia as the likely cause of death.

  • May 14, 2026

    Boulder Tent Ban Survives Colo. Rights Challenge Appeal

    A Colorado Court of Appeals panel unanimously found that two city of Boulder ordinances that ban sheltering in public spaces don't violate the Colorado Constitution, shooting down constitutional challenges from a now-defunct nonprofit and several Boulder residents, according to an opinion announced Thursday.

  • May 14, 2026

    Supreme Court Clears Way For Execution Of Texas Man

    The U.S. Supreme Court on Thursday lifted the Fifth Circuit's stay of execution for a man who sought to challenge the constitutionality of his death sentence on grounds that he was intellectually disabled, granting an emergency petition filed by Texas, which went on to execute the man later Thursday.

  • May 13, 2026

    Florida Panel Bars 2nd Death Penalty Atty At Public Expense

    A man charged with murder can't have a free additional attorney appointed to defend him in a capital case, a Florida state appeals court said Wednesday, finding in a reversal that since he had privately paid for primary counsel, under state law, he couldn't have gratis help, despite now being indigent.

  • May 13, 2026

    Legalizing Pot Leads To Fewer Arrests, Report Says

    The pro-legalization advocacy organization Marijuana Policy Project recently made public a report culling data from the Federal Bureau of Investigation's crime data explorer showing that states with legalized cannabis have seen dramatic decreases in marijuana-related arrests.

  • May 12, 2026

    Decades After Bombing Conviction, Forensics Don't Hold Up

    A handyman was convicted for a string of 1991 Colorado bombings based on a forensic expert's testimony that the handyman's tools matched markings on bomb fragments "to the exclusion of any other tool in the world." Decades later, the defendant's successful challenge to the scientific merit and reliability of toolmark forensics has drawn national attention.

  • May 12, 2026

    ACLU, Other Groups Want To Back Mich. In ICE Facility Fight

    The American Civil Liberties Union was joined by several civil rights and immigrant advocacy groups in asking a Michigan federal court on Monday for permission to weigh in support of a suit filed by the state of Michigan and city of Romulus seeking to stop an immigration detention center from taking over a former warehouse site.

  • May 12, 2026

    Mass. Appeals Court Tosses Convictions For Assault On Police

    A Massachusetts man who was convicted of assaulting police officers was not criminally responsible because the state hadn't shown he wasn't insane, an appeals court majority said Tuesday.

  • May 11, 2026

    NC Justices Asked To Clarify Leandro School Funding Opinion

    The school boards of several low-wealth North Carolina counties are asking the state Supreme Court to elucidate a recent ruling that invalidated nine years of developments in the public school funding case known as Leandro, contending the opinion suggests the court usurped power in its jurisdictional conclusions.

  • May 11, 2026

    ChatGPT Suit Points To Ups And Downs Of Pro Se AI Use

    A recent lawsuit against OpenAI highlights many of the hopes and anxieties about pro se litigants using generative artificial intelligence to churn out legal arguments. The technology raises concerns about confidentiality, hallucinations and ethical issues, but some access-to-justice advocates worry the lawsuit may hinder technology that might democratize legal services.

  • May 07, 2026

    Incarcerated Woman Sues DOJ Over Transgender Policy Shift

    A transgender woman currently in federal prison has sued the U.S. Department of Justice, alleging a December memo issued by the agency illegally excludes transgender people from a major federal anti-sexual assault law designed to protect incarcerated people.

  • May 06, 2026

    DHS Can Withhold Some Border Search Records, Judge Says

    A federal judge in Washington has partially sided with immigration officials' decision not to provide some information about border searches of electronic devices that a First Amendment group at Columbia University requested, finding the documents contained privileged, decision-making details.

  • May 05, 2026

    Feds, Advocates Settle FOIA Suit Over Family Separation Info

    The American Immigration Council and the U.S. government told a D.C. federal judge they've struck a settlement to end a long-running Freedom of Information Act dispute over records related to family separation policies during the first Trump administration.

Expert Analysis

  • One-Subject Rule Strategy Can Defeat Dangerous State Laws

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    Attorneys at Ulmer & Berne explain how single-subject rule violation claims can thwart certain unconstitutional or controversial state statutes and protect civil rights in the face of state governments under one-party rule.

  • States Must Rethink Wrongful Conviction Compensation Laws

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    States, counties and municipalities have now paid over $3 billion in judgments or settlements to exonerees, while policymakers lack comprehensive data on official misconduct and financial costs — but rethinking state compensation statutes can curb the policies and practices that cause wrongful convictions in the first place, says Jeffrey Gutman at George Washington University.

  • Police And Voting Reform Need Federal Remedy, Not Takeover

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    The debate over what level of government should hold sway is central to today's impasse over voting rights and police reform legislation, but anchoring the conversation in the U.S. Constitution can create the common ground of tailored federal remediation that also preserves traditional state and local functions, says Marc Levin at the Council on Criminal Justice.

  • 8th Circ. Ruling Further Narrows Qualified Immunity

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    The recent Eighth Circuit ruling in Intervarsity Christian Fellowship/USA v. University of Iowa seems to align with a growing body of case law suggesting that government officials may have a harder time obtaining qualified immunity for their actions if they involve calculated choices to enforce unconstitutional policies, says Thomas Eastmond at Holland & Knight.

  • 6 Ways To Improve Veterans' Access To Civil Legal Aid

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    Veterans often lack adequate help when confronting civil legal issues such as evictions, foreclosures and child custody disputes, so legal aid organizations should collaborate with veteran-serving programs and state and local governments to offer former military members better access to legal resources, say Ronald Flagg at Legal Services Corp. and Isabelle Ord at DLA Piper.

  • Better Civil Legal Resources Are Key To Justice For All

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    Fulfilling the promise of equal justice requires disruptive change to the civil legal system, where millions of Americans lack adequate resources and information — and attorneys have many opportunities to help their states build the tools necessary to navigate civil disputes, say retired California Judge Laurie Zelon and Michigan Chief Justice Bridget Mary McCormack.

  • User Feedback Is Key To Running Virtual Diversion Programs

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    Judicially led diversion programs have adapted to the COVID-19 era by providing services online, but recent research points to a disconnect between practitioner and participant perspectives, showing that soliciting user input is crucial to success, says Tara Kunkel at Rulo Strategies. 

  • Justices Must Reject Police Shield Against Civil Rights Claims

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    The Institute for Justice’s Marie Miller lays out four reasons why, in deciding Thompson v. Clark, the U.S. Supreme Court should reverse an arcane circuit court rule that abandons the foundational presumption of innocence principle and ultimately provides a shield for police and other government officers who violate constitutional rights.

  • NY Courts Should Protect Housing Rights Of All Tenants

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    New York courts should adopt a construction of the Housing Stability and Tenant Protection Act that expands on the rights of tenants without a traditional landlord-tenant relationship, in order to not only promote justice, but also adhere to the law as written, say law student Giannina Crosby, and professors Sateesh Nori and Julia McNally, at NYU Law.

  • Legally Recognizing Coercive Control Can Help Abuse Victims

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    The ongoing expansion of state laws to establish coercive control as a form of domestic violence will encourage victims to seek help, and require law enforcement and the judiciary to learn about the complexities surrounding emotional abuse, say attorneys Allison Mahoney and Lindsay Lieberman.

  • High Court Gun Case Has Implications For Police Violence

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    A U.S. Supreme Court decision to weaken gun regulations in the pending New York State Rifle & Pistol Association v. Corlett could mix with the court's existing precedents regarding police use of force to form a particularly lethal cocktail for police violence against Black people, says Christopher Wright Durocher at the American Constitution Society.

  • Justices' Life Sentence Ruling Is A Step Back For Youth Rights

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    The U.S. Supreme Court's recent refusal to limit juvenile life-without-parole sentences in Jones v. Mississippi is a break from a line of cases that cut back on harsh punishments for children and reflects a court that is comfortable with casual treatment of minors' constitutional rights, says Brandon Garrett at Duke University School of Law.

  • States Must Factor Race In COVID-19 Vaccine Prioritization

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    In order to ensure equity and efficiency in controlling the pandemic, states should use race as a factor in vaccine prioritization — and U.S. Supreme Court precedent on affirmative action and racial integration offers some guidance on how such policies might hold up in court, say law professors Maya Manian and Seema Mohapatra.

  • Chauvin May Walk, But Calls For Police Reform Must Continue

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    As the trial of former Minneapolis police officer Derek Chauvin for the death of George Floyd nears closing arguments, the prosecution still faces an uphill battle, but what sets this case apart is its potential to change the discourse on racial justice and policing, says Christopher Brown at The Brown Firm.

  • A Criminal Justice Reform Premise That Is Statistically Flawed

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    Underlying calls for defunding the police and numerous other proposals for criminal justice reform is the belief that generally reducing adverse outcomes will tend to reduce racial disparities, but statistical analysis shows the opposite is true, says attorney James Scanlan.

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