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Brandon L Garrett

@brandonlgarrett.bsky.social

280 followers 59 following 110 posts

Professor of law @DukeLaw, Director @WilsonCSJ_, Author Convicting the Innocent (2011), Too Big to Jail (2014), End of its Rope (2017), Autopsy of a Crime Lab (2021) and Defending Due Process (just published)

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Brandon L. Garrett is an American legal scholar. He is the L. Neil Williams, Jr. Professor of Law and director of the Wilson Center for Science and Justice at Duke University School of Law, where he has taught since 2018. He was previously the White Burkett Miller Professor of Law and Public Affairs and Justice Thurgood Marshall Distinguished Professor of Law at the University of Virginia. .. more

Political science 26%

Law 24%

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Brandon L Garrett @brandonlgarrett.bsky.social · 4d

Joseph Blocher and I write about the Justices and rulings in the face of factual findings on adjudicative facts below (and no finding they were clearly erroneous). This isn't, title Slate chose aside, a problem in just one case or one Justice's opinion, unfortunately.

slate.com/news-and-pol...

Brett Kavanaugh Is Leading the Supreme Court’s Embrace of Alternative Facts

It is striking that many early-stage SCOTUS orders have either reversed or supplanted factual findings of lower courts.

slate.com

Reposted by Brandon L. Garrett

Jotwell @jotwell.bsky.social · 21d

Reviewing Joseph Blocher & Brandon L. Garrett, Applying History as Law: The Role of Historical Facts in Implementing Constitutional Doctrine, 104 Tex. L. Rev. __ (forthcoming 2026), available at SSRN (Jan. 16, 2025).

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Brandon L Garrett @brandonlgarrett.bsky.social · Sep 2

They look like starlings

Brandon L Garrett @brandonlgarrett.bsky.social · Aug 29

PolitiFact - Trump seeks to end cashless bail. What is it and which states might be affected? www.politifact.com/article/2025...

Trump is seeking to end cashless bail. What is it?

President Donald Trump signed an executive order seeking to end cashless bail. What is it, and how have policies around it affected crime?

www.politifact.com

Reposted by Brandon L. Garrett

Andrew H. Sowards @andrewhsowards.bsky.social · Aug 18

Sorry to hear of Mr. House's passing. His case was an inspiration to me when I worked on Barry's case. Take a few to read about how frustrating it all is in this piece by @radleybalko.bsky.social

radleybalko.substack.com/p/paul-house...

Paul House has died -- a wrongly convicted man whom John Roberts gave the okay to execute

House was finally freed in 2008. But under today's court, he'd likely still be on death row -- or worse.

radleybalko.substack.com

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Reposted by Brandon L. Garrett

Andrew Guthrie Ferguson @profferguson.bsky.social · Aug 17

Live facial recognition technology should be very concerning to people. This is just the beginning. boltsmag.org/new-orleans-...

New Orleans May Hand Its Police Live Facial Recognition Tech. Critics Warn It'll Help ICE. - Bolts

The cameras are mounted across downtown New Orleans: hanging from balconies on Bourbon Street, bolted to the exterior walls of bars and four-star hotels throughout the French Quarter. For two... Read ...

boltsmag.org

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Reposted by Brandon L. Garrett

Leah Litman @leahlitman.bsky.social · Aug 11

Loved being a listener for Imani & Melissa’s break down of legal news, and for Melissa’s discussion w/Brandon Garrett on Due Process.

I got to speak w/my colleague Richard Primus about his new book THE OLDEST CONSTITUTIONAL QUESTION, which you can check out here: www.hup.harvard.edu/books/978067...

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Reposted by Brandon L. Garrett

Strict Scrutiny Podcast @strictscrutiny.bsky.social · Aug 11

NEW: Imani Gandy @angryblacklady.bsky.social joins Melissa to talk legal news.

Then Brandon Garrett @brandonlgarrett.bsky.social on his book DEFENDING DUE PROCESS

And Richard Primus @richardprimus.bsky.social joins Leah to talk his book OLDEST CONSTITUTIONAL QUESTION crooked.com/podcast/how-...

a woman in a striped shirt is talking into a microphone with the name sam on her neck

Alt: a woman in a striped shirt is talking into a microphone with the name sam on her neck

media.tenor.com

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Brandon L Garrett @brandonlgarrett.bsky.social · Jul 24

Check out "Defending Due Process," with questions for reading groups, and many other wonderful books, in our Duke summer faculty reads: alumni.duke.edu/summer-readi...

Summer Reading 2025 | Duke

Check out the summer reading assignment for this year’s incoming class and participate in thought-provoking reads designed to introduce first-year students to Duke’s academic climate and encourage int...

alumni.duke.edu

Reposted by Brandon L. Garrett

Andrew Guthrie Ferguson @profferguson.bsky.social · Jul 20

It is going to be connected to a real-time crime center giving police a huge network of linked surveillance cams (CCTV, body cams, stores, apartments, and Ring).

Your Data Will Be Used Against You.

Jenn Burrill @jennburrill.bsky.social · Jul 19

Ring doorbell introducing feature to allow "police to request live-stream access to people’s home security devices"

A grave threat to civil liberties in the U.S. After all, police have used Ring footage to spy on protestors & obtained footage without a warrant

Reporting by @mguariglia.bsky.social

Amazon Ring Cashes in on Techno-Authoritarianism and Mass Surveillance

Ring founder Jamie Siminoff is back at the helm of the surveillance doorbell company, and with him is the surveillance-first-privacy-last approach that made Ring one of the most maligned tech devices....

www.eff.org

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Reposted by Brandon L. Garrett, Andrew Guthrie Ferguson

Jenn Burrill @jennburrill.bsky.social · Jul 19

Amazon Ring Cashes in on Techno-Authoritarianism and Mass Surveillance

www.eff.org

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Reposted by Brandon L. Garrett

Brandon L Garrett @brandonlgarrett.bsky.social · May 20

Habeas corpus 101
www.npr.org/2025/05/20/n...

DHS secretary misstates meaning of habeas corpus under Senate scrutiny

Facing sharp questioning from Democratic lawmakers, the director of Homeland Security incorrectly described the constitutional right as a presidential authority to deport individuals.

www.npr.org

Reposted by Brandon L. Garrett

Polity @politybooks.bsky.social · May 19

A discussion of @brandonlgarrett.bsky.social's "Defending Due Process" was held @pjudicialchile.bsky.social on Tuesday, May 14th.

If you missed out on it, you can take a look at how it went and browse some fantastic photos here:
www.pjud.cl/prensa-y-com...

Exitoso Conversatorio “Valor del Debido Proceso” reunió a destacados expertos nacionales e internacionales

Con gran convocatoria se desarrolló el conversatorio “Valor del Debido Proceso”. La actividad tuvo lugar el martes 14 de mayo y reunió a autoridades judiciales, académicos y profesionales del derecho,...

www.pjud.cl

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Brandon L Garrett @brandonlgarrett.bsky.social · May 17

www.nytimes.com/2025/05/17/u...

Federal Courts’ Emerging Bottom Line: Due Process Rights for Immigrants

www.nytimes.com

Reposted by Brandon L. Garrett

ProPublica @propublica.org · May 17

When Gary Hudson's car got towed, he couldn’t afford to pay the >$300 in fees. He asked if he could at least get into the car to collect his things.

But the company "would not budge, period," he said. "So I can’t get my work equipment, and you expect me to make money to pay you?”

W/ @ctmirror.org

Connecticut Towing Companies Use Belongings Left in Cars as Leverage to Collect Fees, Drivers Say

The Connecticut DMV allows owners to get back into towed cars to retrieve items that are essential to their health and welfare. But people have lost work equipment, car seats, important documents and…

www.propublica.org

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Reposted by Brandon L. Garrett

Wilson Center for Science and Justice at Duke Law @wilsoncsj.bsky.social · May 12

"[Habeas corpus] has played a crucial role in many emergencies and wars during our history. And courts have consistently emphasized that habeas provides its strongest protections when the executive seeks to detain people without a trial." - @brandonlgarrett.bsky.social. time.com/7284743/what...

What Is Habeas Corpus and How Is It Under Threat?

Stephen Miller said the Trump Administration is “actively looking at” the option of suspending habeas corpus.

time.com

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Brandon L Garrett @brandonlgarrett.bsky.social · May 12

time.com/7284743/what...

What Is Habeas Corpus and How Is It Under Threat?

Stephen Miller said the Trump Administration is “actively looking at” the option of suspending habeas corpus.

time.com

Reposted by Brandon L. Garrett

Jake Charles @jacobdcharles.bsky.social · May 10

NEW: The 8th Cir concludes that the federal law barring those convicted of misdemeanor crimes of domestic violence does not facially violate the Second Amendment, declining to foreclose the possibility of future as-applied challenges.

cases.justia.com/federal/appe...

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Brandon L Garrett @brandonlgarrett.bsky.social · May 9

Thanks to the always interesting Bookworm for featuring Defending Due Process:

lsolum.typepad.com/legaltheory/...

Legal Theory Bookworm: "Defending Due Process" by Garrett

The Legal Theory Bookworm recommends Defending Due Process: Why Fairness Matters in a Polarized World by Brandon L. Garrett. Here is a description: We all feel unfairness deeply when treated in rash w...

lsolum.typepad.com

Reposted by Brandon L. Garrett

NPR @npr.org · May 8

The autopsy notes two bullet wounds even though there were three shooters, and a forensic expert says the misfires likely caused "excruciating conscious pain and suffering."

A firing squad tried to shoot a prisoner in the heart. They missed, autopsy indicates

The autopsy notes two bullet wounds even though there were three shooters, and a forensic expert says the misfires likely caused "excruciating conscious pain and suffering."

www.npr.org

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Brandon L Garrett @brandonlgarrett.bsky.social · May 8

How many 100,000s of cases are affected nationally? And why isn’t the manufacturer obligated to audit the dna kits affected?
www.npr.org/2025/05/07/n...

Faulty DNA tests lead to more than 1, 000 criminal cases across Texas being reviewed

Faulty DNA tests being used in criminal cases in Texas could impact more than 1,000 cases. Under some circumstances, these tests were incorrectly coming back as insufficient DNA to test.

www.npr.org

Brandon L Garrett @brandonlgarrett.bsky.social · May 6

My video VIPER mugshot being taken at the dept of psychology, U Birmingham - thanks to Heather Flowe and colleagues for having me talk about Defending Due Process

Reposted by Brandon L. Garrett

Quattrone Center for the Fair Administration of Justice @quattronecenter.org · Apr 28

A new journal article from @dukelaw.bsky.social Professor @brandonlgarrett.bsky.social and William and Mary Law Professor @adamgershowitz.bsky.social digs into inconsistencies behind courts rejecting Brady claims (which require share all material and favorable evidence with the defense):

The Brady Materiality Standard

The Brady doctrine requires prosecutors to disclose all favorable and material evidence to the defense. To effectuate that rule, the U.S. Supreme Court has defi

papers.ssrn.com

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Brandon L Garrett @brandonlgarrett.bsky.social · Apr 26

And here is the recently unsealed declaration the government provided outlining the process: storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

Brandon L Garrett @brandonlgarrett.bsky.social · Apr 26

Important discussion of all of the ways migrants are being denied basic due process, with quotes from Michael Klarman, myself, and others #DefendingDueProcess

www.nytimes.com/2025/04/25/u...

Government Notices to Migrants Fall Short of Due Process, Legal Experts Say

Venezuelan migrants were given English-only notices with limited time to file court challenges, according to a newly unsealed declaration.

www.nytimes.com

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