Poverty is treated like a crime in the United States, and we believe it shouldn’t be. We are a nonprofit law organization that uses class action impact litigation to set legal precedent and change cultural norms so that our justice system treats rich and poor equally. Our cases cover issues such as:
The Justice Report
Louisiana Governor Jeff Landry and New Orleans Mayor LaToya Cantrell spoke publicly in June about making the city the safest it’s ever been in preparation for the Eras Tour and Super Bowl LIX. We have now seen that this “safety” is at the expense of the city’s most vulnerable populations.
Last month, Judge Steven Duble in Harris County, Texas recalled all 12,500 arrest warrants issued by his court for people charged with non-jailable class C misdemeanors. He had “serious constitutional concerns as to whether we’ve done our ability-to-pay analysis," and recalled them instead of continuing to rubberstamp warrants that unconstitutionally criminalize poverty.
Today, the Supreme Court released its opinion in Johnson v. Grants Pass, a case presenting the question of whether a law criminalizing sleeping outdoors is a violation of the Eighth Amendment’s prohibition on cruel and unusual punishment when no alternative shelter exists. The Court ruled that the city of Grants Pass has the right to jail unhoused residents solely for the “crime” of sleeping outdoors.
In September of 2021, Equal Justice Under Law filed a lawsuit against Ravalli County, Montana, challenging the County’s “Jail Diversion Program.” The picture Equal Justice Under Law uncovered through litigation was even bleaker than the one painted in the amended complaint.
Last week, the Supreme Court heard oral arguments in Johnson v. Grants Pass, a case that asks whether it violates the Eighth Amendment’s prohibition on cruel and unusual punishment to criminalize sleeping outside in jurisdictions where no alternative shelter is available.
Thanks to our supporters, Equal Justice Under Law celebrated its 10-year anniversary on March 24, 2024! This work would not be possible without the dedication of donors who agree that wealth-based discrimination undermines the foundation of our justice system.
Recently, the Illinois State Supreme Court upheld the 2021 Illinois Pretrial Fairness Act (officially known as Public Act 101-652), which abolishes cash bail and specifies procedures judges must use to impose pretrial detention.
Equal Justice Under Law secured a monumental victory in its lawsuit, Welchen v. Sacramento, a case challenging Sacramento’s pretrial cash bail system. Filed in 2016 in the U.S. District Court for the Eastern District of California, Welchen v. Sacramento alleged that Sacramento’s policy of charging exorbitant pretrial bail amounts without accounting for arrestees’ ability to pay was unconstitutional.
Last month, Tennessee’s Elections Division issued new guidance requiring formerly incarcerated residents who have been convicted of a felony to fully restore their citizenship rights before being allowed to register to vote.
A federal class action challenging pre-trial fees in Anderson County, Texas secured a critical victory this week when the court granted class certification to the plaintiffs. In Anderson County, many pre-trial arrestees — who have not been found guilty of any crime — are required to…