Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at info@fedsoc.org.
I was both surprised and pleased to see White House Counsel W. Neil Eggleston appear at the Federalist Society convention yesterday. Eggleston was there to tout the president’s efforts with respect to criminal sentencing reform, which he quickly and correctly noted was a bipartisan effort. Sentencing reform addresses how long somebody who has been convicted of a crime ought to serve. When asked whether the president is looking into the issue of mens rea reform—which addresses whether somebody should be convicted of a crime in the first place—he candidly admitted that the issue is not one that is being actively pursued by the White House.
It ought to be.
