Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration, by Rachel Elise Barkow, Harvard University Press, 320 pages, $35
"The United States is now a world leader when it comes to incarceration," Supreme Court Justice Neil Gorsuch and co-author Janie Nitze noted last year in their book Over Ruled. They added that "our incarceration rate is not only eight times as high as the median rate in Western European democracies" but also higher than the rates under authoritarian regimes such as those in Rwanda and Turkmenistan.
Gorsuch and Nitze attribute that dubious distinction to the proliferation of criminal laws and draconian sentencing schemes. Legislators surely bear much of the blame. But in Justice Abandoned, New York University law professor Rachel Elise Barkow indicts another culprit: the court on which Gorsuch serves.
