Random Thoughts on a Changing World...

It will be curious to see whether the Supreme Court's reversal of Roe v. Wade will result in pro-choice advocates embracing jury nullification to oppose prosecutions and civil lawsuits against those receiving or performing abortion services.

It would take very little to make the laws absolutely unenforceable, considering that the majority of the country opposes these laws. 

I think this is the real reason the former President will never be indicted - Merrick Garland is smart enough to know that only one of his supporters on a jury will prevent any conviction, and that a hung jury will be interpreted by MAGA-world as total and absolute vindication.  

I really hope that someone brings a case concerning jury nullification to the present court, as I think it would put them in quite a conundrum. The original intent in 1789 was clearly that juries be allowed to judge the law – in fact, Samuel Chase was impeached for attempting to deprive a jury of its power to judge the law as well as the fact. In his defense, he denied that he had or would ever try to do so. If you believe in original intent, you cannot consistently try to deny the prerogative of jurors to nullify – and as jurors in 1789 were aware of that right, you can’t consistently deny the right of the defense to argue that theory to the jurors.