Articles by Eleanor Stratton

Geofence Warrants and the Fourth Amendment

There is a particular kind of search the Fourth Amendment was written to stop: the kind that begins with a dragnet and ends by deciding who looks suspicious. In 1791, that dragnet looked like a “general warrant,” a government permission slip to rummage through private papers without naming the...

When Protest Feels Pointless

There is a particular kind of political despair that does not look like quiet resignation. It looks like acceleration. It looks like a person deciding that the ordinary channels of democracy are not just slow, but fake. That the doors marked petition , vote , and litigate are props on a stage, not...

The Armed Man at the WHCA, and the Constitution We Practice

There is a particular kind of national anxiety that settles in when someone armed rushes a room full of public officials and journalists. It is not just fear of violence. It is the realization that our civic life depends on fragile rituals: public events, open access, a free press standing close...

Jurisdiction Stripping and the Courts

Every few years, Congress rediscovers a tempting lever: if courts keep striking down our laws, why not keep courts from hearing the cases at all? That idea has a name: jurisdiction stripping . It sounds technical, but it is one of the most direct ways the political branches can try to change...

Humanitarian Parole vs. Advance Parole

In everyday English, “parole” sounds like something you get after serving time. In immigration law, it means something very different, and much more precarious. Immigration parole is a discretionary permission to be in the United States for a limited period and a specific purpose, without being...

Presidential Signing Statements

The president signs a bill. Cameras click. Pens multiply. And then, sometimes, the president adds a few paragraphs that sound like a footnote to the law itself. That footnote is a presidential signing statement , and it is one of the most misunderstood tools in the executive branch. Some people...

The Insanity Defense

People talk about the insanity defense like it is a magic phrase: say it, and the courtroom door swings open. In reality, it is among the narrowest, most technical defenses in American criminal law, and it answers a very specific question. Not whether the defendant did the act. Not whether the...

Exhausting Administrative Remedies

You can lose a lawsuit against a federal agency without ever arguing the facts, the Constitution, or even whether the agency was wrong. The reason is often painfully simple: you sued too soon. Administrative law has a set of gatekeeping rules that sound procedural but act like a bouncer at the...

Probation and Parole Revocation: Due Process

Probation and parole can feel like they blur into everyday life. You report. You test. You keep curfews. You ask permission before you travel. It is supervision, not a court proceeding. Revocation is different. Revocation is the moment the system stops monitoring and starts deciding whether you...

Competency to Stand Trial

We talk about criminal trials like they are a machine. Arrest, arraignment, motions, trial, verdict. Feed in a defendant, turn the crank, justice comes out the other side. But the Constitution requires something more basic before the machine is allowed to run: the person facing prosecution has to...

Material Witness Warrants and Federal Custody

You can be taken into federal custody without being charged with a crime. That sentence sounds like a constitutional glitch. In reality, it is a narrow tool Congress wrote into federal law: the material witness warrant . The idea is simple. Sometimes the government cannot prove a case without a...

The STOCK Act, Explained

You are allowed to buy stocks if you serve in Congress. That is not the scandal. The scandal is what happens when the people writing laws that move markets also trade like ordinary investors, while having access to information that ordinary investors do not. That tension is why the STOCK Act...

Consent Decrees and Police Reform

You can sue a city after a rights violation. You can vote out a mayor. You can hire a new chief, pass a new policy, and promise things will be different. And then, a year later, the same complaints return with the same familiar details: the same stops, the same uses of force, the same failures to...

Federal Target Letters

You open the mail and see it: a letter from the Department of Justice. It uses a word that sounds like it belongs in a spy novel, not your life: target . A federal target letter is not a conviction. It is not even an indictment. It is something more unsettling and, in many cases, more urgent: a...

Sealed Indictments in Federal Cases

You hear it in breaking news like it is a magic phrase: a sealed indictment . It sounds like a locked box with a name on it, waiting for the moment prosecutors decide to open it. That image is not far off. In federal court, an indictment is a formal set of criminal charges approved by a grand jury....

Trump Fires the National Science Board

American science policy does not usually arrive like a thunderclap. It arrives as a budget line, a grant cycle, a committee vote, a quiet board meeting that decides which fields are “strategic” and which can wait. That is why reports from multiple sources that President Donald Trump has...

Maine’s Criminal-Record Sealing Veto, Explained

Maine Governor Janet Mills has vetoed a sweeping criminal-record sealing bill that would have changed what the public can learn from the state’s court dockets, and what employers and landlords can discover with a quick search. The veto is not just a criminal justice story. It is a civics story...

The Geofence Warrant Case

You can lock your front door. You can shred your mail. You can refuse to answer questions. But your phone can still leave a trail. Depending on your settings and the services you use, location-related data can be created when you open a map, allow an app to check your whereabouts, or turn on...

A Justice Department Shift Makes DACA Deportations Easier

DACA has always lived in a strange legal space: powerful enough to change lives, fragile enough to be narrowed by a single administrative decision. Last week, that fragility got new reinforcement from inside the executive branch itself. The Justice Department’s Board of Immigration Appeals (BIA)...

Brandenburg v. Ohio and the Imminent Lawless Action Test

You can say a lot in America, including things most people find ugly, reckless, or flat-out dangerous. The First Amendment does not exist to protect only polite opinions. It exists to protect speech that would be easiest for the government to suppress when public fear runs high. But the protection...