Supreme Court Stands Up for Fair Trials

The Court’s decision in Erlinger v. United States sends an unambiguous message against watering down the rights of the accused.

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People walk across the plaza to enter the Supreme Court building in Washington, D.C., October 3, 2022.

Jonathan Ernst/Reuters

Thursday and Friday saw the Supreme Court clear its docket of most of the remaining criminal law-related cases; all that remain are the two Trump and January 6-related cases and Snyder v. United States, a case involving the federal gratuity statute. Thursday’s decisions included two wins for civil lawsuits against wrongful arrest and prosecution. Friday featured a victory for federal prosecutors against people who possess guns while under a domestic-violence order of protection.

Friday’s decisions in Erlinger v. United States and Smith v. Arizona brought more good news for the rights of criminal defendants to a fair trial. While that is balanced by a more disappointing but narrow decision on Thursday in Diaz v. United States, the overall record is still a positive one for the rule of law. Today, I’ll take a look at Erlinger.

Dan McLaughlin

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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