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  • Sixth Amendment

    Gideon v. Wainwright: Celebrating 50 Years of Constitutional Protection

    Fifty years ago, the Supreme Court handed down a decision that has played a fundamental role in protecting constitutional rights of those accused of crimes. In Gideon v. Wainwright, the Supreme Court held that under the Sixth Amendment there is a right to counsel in all felony criminal cases, and … More

    Is Kagan Really More Liberal than Justice Brennan?

    Elena Kagan is a notably opaque Supreme Court nominee. In order to perform their constitutional function, the members of the Senate will have to reach a conclusion about her views and whether they are in the mainstream. Certain of the documents that she has generated give clues that lead to disturbing answers. … More

    Morning Bell: It's About the Judgment, Senators

    Looking ahead to today’s Senate Judiciary Committee confirmation hearing for Attorney General nominee Eric Holder, ranking member Sen. Arlen Specter (R-PA) says he is worried about Holder’s “ability to maintain his independence from the president.” This is the wrong question. The proper question is one of judgment: Does the nominee … More

    Eric Holder's Sixth Amendment Problem

    For more than three years, a diverse coalition from all quarters of the legal community has been pushing Congress to help restore Americans’ Sixth Amendment guarantee to assistance of counsel in all criminal prosecutions. This right has been steadily eroded since a Deputy Attorney General issued a memo in 1999 … More

    Morning Bell: Time Running Out to Protect a Fundamental Civil Right

    The Sixth Amendment of the U.S. Constitution guarantees that “in all criminal prosecutions, the accused shall enjoy … the assistance of counsel for his defense.” Fundamental to ensuring the constitutional right to an attorney is the attorney-client privilege. For almost a decade now, the Department of Justice under both Presidents … More