Discussing Attempts to Address Federal Overcriminalization
Event Video
A recent executive order entitled “Fighting Overcriminalization in Federal Regulations” and two congressional proposals: the Count the Crimes to Cut Act and the Mens Rea Reform Act (also known as the default-mens-rea proposal), all have highlighted long-standing discussions on federal overcriminalization. These initiatives were spotlighted during the May 7, 2025 hearing of the House Judiciary Committee. Join us for a panel discussion that will consider whether these reforms can meaningfully address the problem of a sprawling federal criminal code—one that may, in some areas, lack clarity and undermine individual liberty by exposing the public to ill-defined or overly broad criminal liability.
Featuring:
- John G. Malcolm, Vice President, Institute for Constitutional Government, Director of the Meese Center for Legal & Judicial Studies and Senior Legal Fellow, The Heritage Foundation
- Shana O’Toole, Founder & President, Due Process Institute
- Prof. Kenneth W. Simons, Chancellor’s Professor of Law, UC Irvine School of Law
- (Moderator) Marc Levin, Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
