Category Archives: SCOTUS

ScotusBlog: Relist Watch: Inserting a key in a lock

ScotusBlog: Relist Watch by John Elwood:

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Reason: A Leftist Makes the Case for Originalism

Reason: A Leftist Makes the Case for Originalism by Damon Root What’s worse for the left, a conservative originalist or a conservative living constitutionalist?

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MO: Warrantless blood draw from unresponsive person requires SW [issue also pending in SCOTUS]

The warrantless blood draw here was without exigent circumstances. The state instead relies on state statute, which the court finds a warrantless blood draw from an unresponsive person violates the Fourth Amendment. State v. Osborn, 2019 Mo. App. LEXIS 542 … Continue reading

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ScotusBlog: Argument preview: Justices to weigh constitutionality of state law allowing blood test of unconscious drivers without a warrant

ScotusBlog: Argument preview: Justices to weigh constitutionality of state law allowing blood test of unconscious drivers without a warrant by Amy Howe re Mitchell v. Wisconsin being argued April 23, 2019.

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NPR: This Day in Liberal Judicial Activism—April 7

“Judicial activism” is determined only by whether your side won: NPR: This Day in Liberal Judicial Activism—April 7 by Ed Whelan:

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WaPo: The Supreme Court’s ‘alternative facts’ about drug-sniffing dogs

WaPo: The Supreme Court’s ‘alternative facts’ about drug-sniffing dogs by Radley Balko:

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Cert. granted: Mitchell v. Wisconsin: Warrantless blood draws from the unconscious

ScotusBlog: Mitchell v. Wisconsin, 18-6210 (granted Jan. 11, 2019). Issue: Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement. Posted here: WI: Drinking and driving until unconsciousness obviates def’s … Continue reading

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ABAJ: How retaliatory-arrest claims relate to the First and Fourth Amendments

ABAJ: How retaliatory-arrest claims relate to the First and Fourth Amendments by Erwin Chemerinsky: Maybe the third time will be the charm, and the Supreme Court will finally decide an important issue in civil rights litigation: Does the existence of … Continue reading

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SCOTUSBlog: Argument analysis: “Contempt of cop” — Justices search for compromise standard for First Amendment retaliatory arrests

SCOTUSBlog: Argument analysis: “Contempt of cop” — Justices search for compromise standard for First Amendment retaliatory arrests by Howard M. Wasserman:

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CA6 on remand of Byrd remands to trial court for more factfinding on three issues

On remand from Byrd v. United States, 138 S.Ct. 1518 (2018), CA6 sends the case back to the district court to resolve the three issues that still need factual development. Was there probable cause, does the strawman rental actually deprive … Continue reading

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The Hill: Brett Kavanaugh’s views on privacy and the Fourth Amendment should make Republicans think twice

The Hill: Brett Kavanaugh’s views on privacy and the Fourth Amendment should make Republicans think twice by Michael MacLeod Ball:

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NYLJ: Privacy and the Fourth Amendment: ‘Carpenter’ Nails It

NYLJ: Privacy and the Fourth Amendment: ‘Carpenter’ Nails It: “In his column on Criminal Law and Procedure, Barry Kamins analyzes ‘Carpernter v. U.S.,’ a landmark decision significantly affecting digital privacy.”

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