Appointments Clause

4 articles tagged with "Appointments Clause".

Criminal LawLegal News

The FVRA Time Bomb: Why the Circuit Consensus on Unlawfully Appointed U.S. Attorneys is a Procedural Goldmine for Federal Defenders

The Department of Justice is Facing an Appointments Clause Crisis For federal criminal defense attorneys practicing in the Second, Third, and Ninth Circuits, the most important news of the year didn’t come from a substantive ruling on the elements of...

19 Sept 2026Criminal Procedure, Appointments Clause
Criminal LawLegal News

SCOTUS Slams the Backdoor on Post-Conviction Relief: First Step Act and AEDPA Rulings Demand a New Defense Playbook

Finality Over Fairness: The First Step Act Gets Gutted For the past few years, federal criminal defense attorneys have effectively used the compassionate release provision of the First Step Act as a vital equitable tool. When Congress declined to mak...

15 Sept 2026First Step Act, Compassionate Release
Criminal LawLegal News

SCOTUS Slams the Door on First Step Act Relief: Why the Compassionate Release Era is Over

The End of Equitable Sentencing Disparities For the past six years, the defense bar has wielded the First Step Act of 2018 as the Swiss Army knife of post-conviction relief. District courts, empowered by the Act's expansion of 18 U.S.C. § 3582(c)(1)(...

14 Sept 2026First Step Act, Compassionate Release
Criminal LawLegal News

The Door Slams Shut: Supreme Court Gut-Punches Compassionate Release While Circuit Courts Upend Federal Prosecutorial Authority

A Paradigm Shift in Federal Criminal Defense For the past several years, federal criminal defense attorneys have heavily relied on back-end, post-conviction relief to correct draconian sentences. But the Supreme Court’s spring 2026 term has decisivel...

13 Sept 2026Criminal Law, First Step Act

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