The Marshall Project
Opening Statement
July 1, 2022
Edited by Andrew Cohen
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Pick of the News

Biden v. Texas ends with a win for Biden. The U.S. Supreme Court on Thursday allowed the Biden administration to end the controversial “Migrant Protection Protocols,” a Trump-era policy that required non-Mexican asylum seekers and other migrants to wait in Mexico while their U.S. immigration cases played out. The New York Times Chief Justice John Roberts sided with the Court’s three liberal members in acknowledging broad presidential discretion over immigration. The Washington Post Related: Read the decision. U.S Supreme Court TMP Context: Chaos in immigration courts after MPP invoked. The Marshall Project

Call her Justice Ketanji Brown Jackson. She was sworn in Thursday as the newest Supreme Court justice, replacing the retiring Stephen Breyer. “I am truly grateful to be part of the promise of our great Nation,” Jackson said in a statement released after taking her oath of office. Politico Jackson, nominated earlier this year by President Biden and confirmed by the Senate in a 53-47 vote, is the first Black woman to serve on the nation’s high court. She also becomes the third “Justice Jackson” in the court’s history. The Washington Post Police arrested anti-abortion protesters outside the courthouse Thursday. The New York Times

Nice democracy you’ve got there. Shame if something happened to it. How Trump operatives pressure witnesses. The Washington Post Cassidy Hutchinson, the former White House aide whose bombshell testimony this week rocked the insurrection investigation, faces threats and harassment from Trump supporters. The Wall Street Journal New congressional testimony suggests more links between high-ranking Trump officials and far-right extremist groups like the Oath Keepers and Proud Boys. The New York Times Cleta Mitchell, a former Trump lawyer, is recruiting election deniers to serve as poll watchers. The New Republic

Remembering the victims of human smuggling in Texas. New details are emerging about who the migrants were, where they were from, and how they died in a truck this week. Meanwhile, their families wait for word back home. San Antonio Express News Related: The tractor-trailer ultimately found with scores of dead people inside it had earlier passed through a federal immigration checkpoint in south Texas without being inspected, a Mexican official said this week. The New York Times More: California is preparing to be the first state to offer food benefits to immigrants without legal status who are living there. Los Angeles Times

Biden wants an exception to the filibuster to codify abortion rights under federal law. The president said Congress must act swiftly to protect the rights of women seeking the procedure. The New York Times More: Internet searches for abortion medication soared after the leak of the U.S. Supreme Court ruling striking down Roe v. Wade. CNN Police and prosecutors will use an array of new technologies to try to get online access to the private, medical information of women seeking abortions. The Verge What about women on probation or parole who want to get abortions but cannot cross state lines? Prison Policy Initiative


A federal judge in Arizona late Thursday found that private prison operators acted with “deliberate indifference” in consistently failing to provide prisoners with adequate medical and mental health care. Courthouse News The judge ruled the state’s prison healthcare system unconstitutional after rescinding a 2021 settlement between state officials and advocates for the prisoners. Arizona Republic

The Justice Department in New York has opened an investigation into the NYPD’s sex crimes unit after receiving reports of problems for more than a decade. The Associated Press The civil rights probe will focus on the special victims unit amid complaints about the treatment of those who came forward to report assaults. The New York Times

The FBI has reportedly initiated a sexual abuse investigation into Catholic church officials in New Orleans, Louisiana. The Associated Press

California’s Department of Justice wrongly made public the personal data of hundreds of thousands of gun owners in the state. The Wall Street Journal More: Rob Bonta, the state’s attorney general, said he is “deeply disturbed and angered” by the leak. The Associated Press

Texas Attorney General Ken Paxton, under indictment himself for felony securities fraud, says he’ll defend the state’s sodomy law if the U.S. Supreme Court strikes down constitutional protections for consensual same-sex relationships. The Washington Post

Colorado sheriffs who once denounced the state’s red-flag gun law are now using it to take weapons away from people who pose a threat to themselves and others. Denver Post


The fire next time. “If those who collaborated with Trump’s attack on American democracy escape accountability, the calculus of high-ranking administration officials next time will be that there is a greater price to pay for opposing a coup than supporting one.” The Atlantic

The right-wing extremist threat has been growing for years in Western states. “I can’t shake the feeling that people still don’t get it, still don’t take the threat seriously enough, even as the Jan. 6 hearings continue in Congress.” The Washington Post

We are in the midst of a historic migrant death crisis. And neither Texas officials nor the Biden administration has a serious solution to the problem. Texas Monthly

Bury their hearts. The U.S. Supreme Court just issued a disastrous decision for Native Americans. And there’s now open conflict between Justice Neil Gorsuch, who wanted to protect tribal rights, and Justice Brett Kavanaugh, who did not. The New Republic

A reality check about immigrants and unions. “The quality of economic and political institutions either improves or remains unchanged after large increases in immigration.” The Cato Institute


Officials in New York are targeting “ghost gun” manufacturers with state nuisance laws. There is now federal and local litigation to stop the sale of gun parts in the state. Courthouse News More: Some legislators around the U.S. move to enact body-armor bans. Stateline/Pew Trusts

Never mind. In 1972, three U.S. Supreme Court justices voted to end the death penalty in America. Then they quickly changed their minds. The Washington Post TMP Context: A lot has changed in capital punishment in the past 50 years. The Marshall Project

About those new ICE rules governing data demands from journalists. The new protocols by Immigration and Customs Enforcement officials are an improvement over chaotic Trump-era rules. But there’s plenty of room for improvement. Lawfare

A Mississippi mystery solved. Searchers found an unserved warrant charging a White woman with kidnapping Emmett Till in 1955 shortly before he was murdered. The slain teenager’s family wants Mississippi authorities to arrest Carolyn Bryant Donham nearly 70 years after she was allegedly implicated in the crime. The Associated Press

Crime without punishment. A look at unsolved murders in the U.S. CBS News TMP Context: As murders spiked in 2020, police solved only about half its cases. The Marshall Project

Meanwhile, the opioid crisis continues to take a terrible toll on prisoners. Alcohol and drug overdose deaths rose fivefold from 2009 to 2019, newly-analyzed data reveal. PBS TMP Context: Inside the nation’s prison overdose crisis. The Marshall Project

Opening Statement curates timely articles on criminal justice and immigration; these links are not endorsements of specific articles or points of view.

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