“The Department of Justice must decide whether or not to prosecute a person for a federal crime, and for a case and potential defendant who is this high-profile, the decision had to be made at the highest level,” Simmons said.
“In general, ideologically conservative judges aren’t sympathetic to the idea that courts should get involved—they think it’s a political question,” Tokaji said.
“Stringently timed, high-stake tests have an adverse impact against racial minorities, women, those with low socio-economic status, non-native speakers of English, older applicants, and people with disabilities,” Colker writes. “Of course, that adverse impact is further exacerbated when the ultra-wealthy cheat to inflate their children’s scores.”
“We are all individuals living in a community and we have the freedom to choose badly,” Parasidis said. “Is it the state’s role to say you have made a bad choice?”
“The asterisk is that these investigations have very different purposes and very different constitutional roots,” Shane said.
“For the prosecutors that work for Mosby, this may be a way to empower them, or at least free them up to work on other matters that they think are much more important,” Berman said. “It may be exactly the flip for the police force. The rank-and-file police may think it’s important to be able to do further investigation based on some suspicion of marijuana activity.”
“After reading the ethnic intimidation statute in conjunction with the disorderly conduct section … I’m troubled,” Tokaji said.
“It seems to be that nicotine exposure in kids is linked to development in mood disorders, attention disorders, other drug-seeking behaviors,” Berman said.
“There’s a lot more that the FDA could do, and I think the exception for menthol is problematic,” Berman said.
Owing to changes in the First Step Act, it is possible that Paul Manafort’s 7½ -year sentence could be reduced by 378 days, he said.
“Congress’s vote, even if vetoed, would solidify any court’s understanding that the so-called emergency is really part of an end-run around a legislative branch that is unconvinced an emergency exists, that refused to fund the wall, and that is constitutionally in charge of federal spending,” Shane said.
“For many prosecutors, there’s an inclination not to allow a defendant to benefit from cooperation so late in the day,” Berman said.