"Even if it could be demonstrated unequivocally that [public flogging and hand branding] were not cruel and unusual measures in 1791 ... I doubt whether any federal judge -- even among the many who ...

In a civil fraud case last year, New York County Supreme Court Justice Arthur Engoron ruled that Donald Trump's habit of exaggerating his wealth justified "disgorgement" of nearly half a billion ...

The Eighth Amendment. What is cruel and unusual punishment? Who gets to define and decide its boundaries? And how did the Constitution's authors imagine it might change? Today on Throughline's We the ...