nullification

First, many of the big-ticket and urgent policies that the Biden–Harris administration has already started—from its effort to ban noncompete clauses in employment contracts, to the urgently needed new protections for workers under worsening conditions of extreme heat—are going to have to run this gantlet of judicial attempts at nullification.

A democracy in which some of the most popular and urgently needed policies cannot materialize despite the efforts of both the legislature and the executive simply cannot survive: We already face a deep deficit of trust and faith in our government, and the reality is that this kind of policy nullification only deepens that loss of trust—which in turn magnifies both cynicism and a shift to authoritarian alternatives.

Yet David Kwok, director of the Criminal Justice Institute at the University of Houston Law Center, called jury nullification an important concept in justice.

Both times the presumptive 2024 GOP nominee escaped culpability because of “jury nullification” carried out by the Boss’ Republican knaves in the Senate.

The problem is that what it’s reaching for is a jury nullification argument—that is, the strategy doesn’t argue the legal merits of the case but leans on the potential emotions of jurors to sympathize with Trump and to vote to acquit, despite the evidence.