News & Commentary

The Double Jeopardy Clause of the Fifth Amendment states that no one can be tried more than once for the same crime. The clause is designed to protect people from the danger of multiple prosecutions by overzealous prosecutors. Yet, since 1922, the Supreme Court has undermined this clause with an exception that allows state and federal prosecutors to bring separate charges for the same alleged crime. As a result, people can be prosecuted twice for the same offense — so long as the prosecutors are from separate “sovereigns.”    This “dual-sovereignty” loophole should be closed. On Tuesday, the ACLU and ACLU of Alabama, alon

The mayor of Kenner, Louisiana, doesn’t seem to like Colin Kaepernick much. He also doesn’t seem too happy that the sports merchandise juggernaut Nike made Kaepernick the face of its new “Dream Crazy” campaign. But instead of simply expressing his personal opinion, he’s trying to use the power of his public office to prevent others from expressing their support for Colin Kaepernick.  And that’s unconstitutional.  On Sept. 5, Kenner Mayor E. “Ben” Zahn III issued a memorandum prohibiting private

UPDATE: On Wednesday, Mayor E. "Ben" Zahn III rescinded his policy barring the city of Kenner's booster clubs from buying or accepting delivery of Nike products at the city's recreation facilities.  The mayor of Kenner, Louisiana, doesn’t seem to like Colin Kaepernick much. He also doesn’t seem too happy that the sports

In cities across America, calling 911 can get you evicted. This week, a city less than 10 miles outside of St. Louis agreed to stop enforcing this inhumane policy as part of an extensive settlement.  Last year, we filed a federal lawsuit on behalf of

In an unprecedented attack on one of the most important judicial bodies in the world, National Security Advisor John Bolton on Monday threatened to sanction the International Criminal Court and its staff if the court approves a full investigation into U.S. torture in Afghanistan. The U.S. is not a member of the court, but it has supported the court’s efforts to hold perpetrators of war crimes accountable — as long as those efforts don’t involve U.S. or close allies. In a

Indigenous people have suffered several centuries of injustice at the hands of the United States government. In Montana, the injustices continue, particularly when it comes to the scourge of mass incarceration.  Indigenous people comprise approximately 6.5 percent of the Montana state population and yet account for 20 percent of the men’s state priso

Prosecutors are some of the most powerful elected officials in our country. They decide what charges to file or dismiss, how severe the charges will be whether to seek cash bail, and what plea offers are made. Through their lobbying associations, they also shape criminal statutes to their benefit, often blocking reforms that the community supports. But while prosecutors wield immense control over the direction of our criminal justice system,

I started my professional career in the communications department of the National Football League. It was a dream job right out of college. I grew up a passionate New York Giants fan, but more importantly, I recognized the invaluable experience I’d gain working for an organization that managed to draw more than 100 million viewers to the Super Bowl each year.  This is not a novel observation, but the NFL is more than a sports organization. Football is — sorry baseball — America’s

New Hampshire is the only state in New England that still puts people to death. The Northeast region, and much of the nation, has recognized capital punishment for what it is: a practice of a bygone era that is inherently unjust, often racially charged, and has resulted in the torture of individuals put to death.  This could change for New Hampshire on Sept. 13, when state legislators have an opportunity to over