Did the Supreme Court lay the legal foundation for mass incarceration? CAFE Contributor & NYU criminal law professor Rachel Barkow joins Preet to discuss this very question which she explores in her new book, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration.
You can now watch portions of our episodes on YouTube! Head to CAFE’s Youtube channel and subscribe.
Stay Tuned In Brief is presented by CAFE and the Vox Media Podcast Network. Please write to us with your thoughts and questions at letters@cafe.com, or leave a voicemail at 669-247-7338.
For analysis of recent legal news, join the CAFE Insider community. Head to cafe.com/insider to join for just $1 for the first month.
Executive Producer: Tamara Sepper; Deputy Editor: Celine Rohr; Producer: Claudia Hernández; Technical Director: David Tatasciore; CAFE Team: Noa Azulai, Jake Kaplan, Matthew Billy, Nat Weiner, and Liana Greenway.
REFERENCES & SUPPLEMENTAL MATERIALS:
- Rachel Barkow, “Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration,” Harvard University Press, 3/4/25
- “Note from Rachel: Pardons Without Process, CAFE, 1/29/25
- United States v. Salerno, Oyez, 5/26/1987
- Miranda v. Arizona, Oyez, 6/13/1966
- Mapp v. Ohio, Oyez, 6/19/1961
- Terry v. Ohio, Oyez, 6/10/1968
