In this episode of Everyday Injustice, we sit down with Rachel Barkow, a law professor at NYU and an expert on criminal justice reform. We discuss President Biden’s final clemency actions, the larger implications of mass incarceration, and her upcoming book, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration. Barkow offers a critical look at the failures of our criminal legal system, the role of progressive prosecutors, and the Supreme Court’s role in shaping mass incarceration.
Professor Barkow offered a critical look at the state of criminal justice reform, the failures of the Supreme Court, and President Biden’s last-minute clemency decisions.
Barkow expressed disappointment with Biden’s handling of clemency, noting that, while he commuted 37 federal death row sentences and granted some relief for nonviolent drug offenders, he ignored hundreds of cases recommended by the Justice Department. She criticized the flawed clemency process, which requires prosecutors to review their own past cases, making positive recommendations rare.
Discussing the political backlash against criminal justice reform, Barkow argued that progressive prosecutors like Chesa Boudin and Pamela Price were vulnerable because they failed to enact structural reforms. While some jurisdictions elected reform-minded prosecutors, the movement faced well-funded opposition and public fear over crime rates. She noted that lasting change requires legislative reforms, not just individual elections.
Barkow’s upcoming book, Justice Abandoned, examines six Supreme Court cases that fueled mass incarceration, including Terry v. Ohio, which enabled stop-and-frisk policing, and U.S. v. Salerno, which allowed pretrial detention based on “dangerousness.” She argued that the Court has repeatedly ignored constitutional principles in favor of political expediency, contributing to the rise of mass incarceration.
Despite setbacks, Barkow remains hopeful that public awareness and political momentum can lead to long-term reforms. She urged advocates to focus on institutional changes that can outlast political cycles and to challenge harmful Supreme Court precedents that continue to shape the justice system today.
