John Pfaff's avatar

John Pfaff

@johnpfaff.bsky.social

4260 followers 394 following 4879 posts

Professor at Fordham Law. Prisons and criminal justice quant. I'm not contrarian, the data are. Author of Locked In. New stuff at johnfpfaff.com.


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

New post up, on how there was never an actual bipartisan push for decarceration. It's true that red and blue states alike saw prison populations decline. But within those red states, the work was done by the blue counties. The politics of punishment are local, not state, not federal.

1 replies 29 reposts 64 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

New post up, on how there was never an actual bipartisan push for decarceration. It's true that red and blue states alike saw prison populations decline. But within those red states, the work was done by the blue counties. The politics of punishment are local, not state, not federal.

1 replies 29 reposts 64 likes


Reposted by John Pfaff

NanBP's avatar NanBP @nabbp.bsky.social
[ View ]

Rick Wilson of The Lincoln Project, former Republican and Republican strategist that I most loved to hate when he was doing political ads against my guy, said the Gop is planting the talking points and we’re just repeating them. You would think we would learn..

1 replies 8 reposts 20 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

"Gorging on Panic." Fantastic band name, but also a perfect summary of things now.

0 replies 0 reposts 6 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

(Also, dumb typo: their share is 74% in 2009 and 78% in 2019, which has to be the case, since I also said their rate of growth was LESS than the national ave, so obv their share of the overall pop has to grow, not shrink.)

0 replies 0 reposts 0 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

I define a county's Dem-vs-GOP-ness by the average share of the vote the Dem POTUS candidate got from 2008-2020. I'm sure there are other ways one could do this. I'm skeptical that they would change the fundamental results here. Decarceration is local, and it's not bipartisan.

1 replies 2 reposts 4 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

If we drop CA, which adopted a massive state-level change no other state attempted, then ... in my sample of 27 states, ALL the decline is driven by Dem-voting states, since on net GOP counties pushed prison pops up (tho their urbanest counties saw drops). The net GOP decline is a CA-GOP decline.

1 replies 2 reposts 4 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Decarceration in the US has been almost exclusively a Dem-voting county endeavor, despite rhetoric abt bipartisanship. In a sample of 27 states (holding ~75% of the ppl in prison), Democratic-leaning counties were responsible for ~90% of the decline. And ironically, CA makes the GOP look good:

2 replies 10 reposts 10 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Ah, okay, I see the distinction. It's subtle, in a way, but also pretty big. Think I'll just delete my initial post then. Thanks!

0 replies 0 reposts 0 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

But also, invocation of Kacsmaryk and the 5th Circuit aren't really about "what the new rule means" anyway. It doesn't matter what SCOTUS says about anything. They're going to do what they're going to do, new precedent or not.

0 replies 0 reposts 0 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Yes, def! But within limits.

Someone #onhere got a lot of reposts saying "just think abt all the crazy homebrew aircraft the FAA currently keeps grounded--now Judge K can let them fly."

Keeping bad planes grounded is, I think, a core FAA function even the 5CA can't overcome.

1 replies 0 reposts 0 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Serious question, asking not just for myself: Who out there is actually doing serious work on how other branches of govt, states, or the public more broadly can resist SCOTUS arrogation? I think Keith Whittington has written some stuff, right? But who else? Must be some who have?

3 replies 20 reposts 41 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Agree, but think we can aim higher: put the Court in strip malls in Kansas, not backrooms still in DC.

3 replies 8 reposts 32 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Please repost this one far and wide. Like I said, I'm asking this for reasons that go beyond just my own academic interest (I don't have time for this one, trying to prove reform DAs aren't pro-criminal takes all my time), and would really love some names. Thanks!

0 replies 0 reposts 3 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Serious question, asking not just for myself: Who out there is actually doing serious work on how other branches of govt, states, or the public more broadly can resist SCOTUS arrogation? I think Keith Whittington has written some stuff, right? But who else? Must be some who have?

3 replies 20 reposts 41 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Congratupologies! (Congrats on #1, my apologies on #2)

0 replies 0 reposts 1 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Here's a rare chance for accountability in the punditocracy. Will all the people who praised Kav, Gorsuch, Roberts, et al *from the left* still get their takes published next year? Or will there actually be some real costs to such argument. (I'd obv bet on the former, but one can hope.)

0 replies 1 reposts 7 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

The conflict of interest was so glaring, it should have required an acknowledgement in their bios. "This commentator's law school boasts about its SCOTUS clerkships, and profs take pride in `placing' ppl. They will thus be unwilling to bite the hand that feeds them. Judge these takes accordingly."

1 replies 3 reposts 25 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Yep. Far too often, norms of "collegiality" and "civility" are ways to ensure that those who do terrible things can't be confronted about them. Justices strip women of rights in polite legalese, and it's "rule of law." People protest at those justices' houses, and it's "impolite."

0 replies 2 reposts 12 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Also, just learned this, which is an awesome example of misnaming. Wilhoit's Law was not coined by noted political scientist Francis Wilhoit, but by an Ohio composer named Frank Wilhoit, in a blog comment. Keep posting, y'all. Sometimes comments hit it big.

0 replies 1 reposts 10 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Shorter Version: Happy Wilhoit Day to all who celebrate.

1 replies 4 reposts 18 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

It's been working so well so far, no complaints, excited for this new chapter.

0 replies 0 reposts 2 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

The attack needs to be on all fronts: Doctrinal arguments to help lower courts tell SCOTUS to F off. Political and historical evidence to support the executive when it wants to ignore SCOTUS lunacy. Constant judicial and academic bashing of the Justices: make them professionally MIS.ER.A.BLE.

2 replies 6 reposts 26 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

No more hand-wringing over what it means to treat the Court as political. No more running away from teaching Con Law after Bush v Gore bc it feels "uncomfortable." What we need are strong, solid ideas about what principled resistance to a toxic but powerful institution looks like.

2 replies 15 reposts 63 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

The current liberal approach has been to pray Dems win every election, and then hold their breath hoping an inimical Court didn't do too much damage, or then-Justice Kennedy would miraculously swing left. Those easier doctrinal days are dead. The time of real resistance is here.

2 replies 6 reposts 47 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

I really, really, REALLY hope that there is a large group of Con Law scholars and lawyers working on what a coherent form of resistance to SCOTUS looks like. Something like the Originalist project, which took years, but laid an intellectual groundwork that has worked.

4 replies 11 reposts 53 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

I suppose a loophole here for lower courts to exploit is "what counts as an official act?" Like, maybe ordering the assassination of your political opponent isn't "an official act." Maybe taking a bribe from Saudi Arabia isn't either. (Obv SCOTUS could say they ARE, but until then....)

5 replies 2 reposts 32 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

I suppose a loophole here for lower courts to exploit is "what counts as an official act?" Like, maybe ordering the assassination of your political opponent isn't "an official act." Maybe taking a bribe from Saudi Arabia isn't either. (Obv SCOTUS could say they ARE, but until then....)

5 replies 2 reposts 32 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Pack the Court with 1000 new justices, reverse 80% of its recent decisions, and then strip it of 99% of its jurisdiction. This Court is absolutely lawless and beneath contempt. And should be treated accordingly.

2 replies 14 reposts 84 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Homeless people can be arrested for sleeping, Presidents cannot be arrested for rampant graft and corruption done while in office. There is no clearer a summary of "conservative 'law and order'" than this.

14 replies 585 reposts 1450 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

My decision to take 95%-social media hiatus def appears to have been the right call (for me! YMMV, etc.). Even if hysteria ever dies down, not sure I'll ever put it back on my phone. Only three days in, and already finding my obsessive need to check non-stop waning... and my blood pressure w it.

0 replies 0 reposts 23 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

I will say this, though. It's clear the director grew up near Chicago (he lived in a Cook County suburb), because the opening credits to the second episode were a giant cinematic love-letter to the city that made me really miss it.

1 replies 0 reposts 8 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Just watched S3E1 of The Bear, and .... I feel like it was less a TV show, more a Culinary Koyaanisqatsi. Not sure if that's a criticism, but not sure if it's a compliment either.

1 replies 0 reposts 6 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Fair enough. But even that has been increasingly hard for me to deal with on here: the experts are all hedging, and the non-experts seem to be getting more and more confident with their claims. Which is at best half-backwards (expert hedging is good, confidence by either ... less so).

0 replies 0 reposts 2 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Yeah, in case any additional evidence was needed, this is definitive proof that all these AI things are designed by people who have never genuinely enjoyed things like reading, who see it all as some sort of task to complete, not a pleasure in and of itself.

1 replies 7 reposts 17 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

The downside of that same flattening is that expert opinion--which, again, while not always correct, is non-pundit expert opinion for a reason--will often get drowned out in a much deeper flood of overly-confident non-expert assertions. And this it is hard, mentally and emotionally, to filter well.

0 replies 0 reposts 4 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Which, if IIRC, is what every political scientist who studies polling and presidential elections predicted. Upside of social media is helps experts escape professional bubbles, face ideas and criticisms they might otherwise miss: DEF the case for me w views of activists/abolitionists, etc. But:

2 replies 1 reposts 9 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Just finished my first day of not having any social media apps on my phone and ... man. Should have done this sooner! First, made me realize how mindlessly I apparently opened it during the day. Kept going to it and ... it wasn't there. Def addictive behavior that I (YMMV) had to solve directly.

2 replies 1 reposts 21 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

I think this is esp bad when it comes to Political Social Media, bc the stakes are higher, and the things that people are talking about are mostly outside of the control of even the non-average person. Like, even w my job, there's not much I can do, esp right now, to fix the new Chevron mess.

1 replies 0 reposts 1 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Yeah, I think social media in general--I think inescapably--is a mood amplifier, bc it's everyone commenting all on the same thing all at once. So if it's something good or funny, it's great, but when things are not-so-good, it's just a firehouse of stress.

1 replies 0 reposts 2 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

And I guess I'd say it's not a bad thing to at least try. I was honestly surprised at how it felt.

0 replies 0 reposts 1 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Just saying that, personally, I was surprised at how almost ... liberating ... it was to not have it on my phone. And how I felt like I was more present in general once I physically made it impossible to hop on it. Maybe someday I'll put it back on. But ... honestly? Maybe not.

1 replies 0 reposts 1 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

And second, was still able to stay aware of the various bad things that were going on, but in what was--again, for me, just being descriptive for me, not prescriptive for others, YMMV--a far mentally healthier way. More "I see this happened," less "I'm going to obsess over news I can't control."

1 replies 0 reposts 5 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Just finished my first day of not having any social media apps on my phone and ... man. Should have done this sooner! First, made me realize how mindlessly I apparently opened it during the day. Kept going to it and ... it wasn't there. Def addictive behavior that I (YMMV) had to solve directly.

2 replies 1 reposts 21 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

The part of it that really gets me is the negative correlation on the confidence. I know, I know: academics are notorious for answering "... it's complicated" even for "is today Monday?" But still. The confidence I see sometimes in their replies is still surprising.

0 replies 0 reposts 4 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

The correlation between a bio that suggests extensive rigorous studying of presidential elections and political communications and confident doomer takes is close to -1. There's a lot to be said, genuinely, for the social flattening of social media. But it has some real costs too.

2 replies 1 reposts 8 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Yeah, I'm definitely sympathetic to that! It's why I can't stop doomscrolling myself, and had to physically remove the app from my phone to stop (and wish there was a way to make it so certain apps could be re-downloaded only if a third party enters a password).

0 replies 0 reposts 1 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Europe isn't going to take in 150,000,000 US refugees. Running somewhere else isn't a real solution. But going into a (possible--still merely possible!) second Trump term with zero emotional strength left bc of months of doomerizing seems ... really bad to me.

2 replies 2 reposts 16 likes


John Pfaff's avatar John Pfaff @johnpfaff.bsky.social
[ View ]

Like, we all know the stakes are high, we all know the margins are far thinner than they should be. Most every regular poster on here is a high-info voter type. Just constantly yelling "we're all going to die" at each other for weeks seems ... unhealthy. And counterproductive.

1 replies 2 reposts 33 likes