Category Archives: SCOTUS

NYLJ: Commentary: The Constitution and the ‘Right to Privacy’

NYLJ: Commentary: The Constitution and the ‘Right to Privacy‘ (“In overruling ‘Roe’ and ‘Casey’, the new majority in the Supreme Court holds that there is no Constitutional ‘right to privacy.’”)

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SCOTUSBlog: Court constricts, even if it does not quite eliminate, damages actions under Bivens

SCOTUSBlog: Court constricts, even if it does not quite eliminate, damages actions under Bivens by Howard M. Wasserman:

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CNN: Supreme Court leak investigation heats up as clerks are asked for phone records in unprecedented move

CNN: Exclusive: Supreme Court leak investigation heats up as clerks are asked for phone records in unprecedented move by Joan Biskupic (“Supreme Court officials are escalating their search for the source of the leaked draft opinion that would overturn Roe … Continue reading

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SCOTUS: Thompson v. Clark

Thompson v. Clark, 2022 U.S. LEXIS 1885 (Apr. 4, 2022) (ScotusBlog: “Larry Thompson’s showing that his criminal prosecution ended without a conviction satisfies the requirement to demonstrate a favorable termination of a criminal prosecution in a Fourth Amendment claim under … Continue reading

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Reason: One Cheer for Stephen Breyer

Reason: One Cheer for Stephen Breyer by Damon Root:

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SCOTUS grant: Bivens and excessive force

Egbert v. Boule, 21-147 (granted Nov. 5, 2021): Issues: (1) Whether a cause of action exists under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics for First Amendment retaliation claims; and (2) whether a cause of action … Continue reading

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ABAJ: Chemerinsky: The Supreme Court has done a poor job protecting against police abuse of power and racism

ABAJ: Chemerinsky: The Supreme Court has done a poor job protecting against police abuse of power and racism by Erwin Chemerinsky:

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Katz as Originalism

Orin Kerr, Katz as Originalism, Duke L.J. forthcoming (2021). Abstract:

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Slate: The One Area Where Supreme Court Jurisprudence Is Actually Improving Thanks to Originalism

Slate: The One Area Where Supreme Court Jurisprudence Is Actually Improving Thanks to Originalism by David Gans (“For decades, the Supreme Court has repeatedly deferred to the police when judging the validity of searches and seizures by the government. For that … Continue reading

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ABAJ: Chemerinsky: Supreme Court looks to common law for guidance in Fourth Amendment cases

ABAJ: Chemerinsky: Supreme Court looks to common law for guidance in Fourth Amendment cases (“The Supreme Court decided three cases concerning the Fourth Amendment during the October 2020 term. They shared several characteristics.”)

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SCOTUS: Lange v. California: “Under the Fourth Amendment, pursuit of a fleeing misdemeanor suspect does not always—that is, categorically—justify a warrantless entry into a home.”

Lange v. California, 141 S.Ct. 2011 (June 23, 2021). Syllabus:

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Mapp v. Ohio decided 60 years ago today

Mapp v. Ohio was decided 60 years ago today. See these prior posts; 2017 and 2014

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ScotusBlog: “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home

ScotusBlog: “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home by Lenese Herbert:

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Reason: ‘Everything Has Been Criminalized,’ Says Neil Gorsuch as He Pushes for Stronger Fourth Amendment Protections

Reason: ‘Everything Has Been Criminalized,’ Says Neil Gorsuch as He Pushes for Stronger Fourth Amendment Protections by Damon Root (“The justice weighs in during oral arguments in Lange v. California.”)

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Reason: A Prison Guard Who Pepper-Sprayed an Inmate Without Provocation Got Qualified Immunity. SCOTUS Disagreed.

Reason: A Prison Guard Who Pepper-Sprayed an Inmate Without Provocation Got Qualified Immunity. SCOTUS Disagreed. By Billy Binion (“An encouraging sign from the Supreme Court.”)

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SCOTUSBlog: Justices to consider whether “hot pursuit” justifies entering a home without a warrant

ScotusBlog: Justices to consider whether “hot pursuit” justifies entering the home without a warrant (“At issue in Lange v. California is whether, when police are pursuing someone for a misdemeanor, that is always an ‘exigent circumstance’ that will allow the … Continue reading

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SCOTUS: three dissent from denial of cert.: Jardines requires reversal

Bovat v. Vermont, 2020 U.S. LEXIS 5057 (Oct. 19, 2020) (Gorsuch dissenting from denial of certiorari with Sotomayor and Kagan):

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SCOTUS: Torres v. Madrid argued today

Torres v. Madrid, 19-292: Issue: Whether an unsuccessful attempt to detain a suspect by use of physical force is a “seizure” within the meaning of the Fourth Amendment, as the U.S. Courts of Appeals for the 8th, 9th and 11th … Continue reading

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CA3: Byrd who won in SCOTUS on standing loses on remand because there was PC for the search

On remand from Byrd v. United States, 138 S.Ct. 1518 (2018), holding that defendant had standing in his rental car, defendant loses on the merits because there was probable cause for the search of his car because of the admission … Continue reading

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N.D.Ga.: Def doesn’t show that his guilty plea was unknowing as a result of IAC on a 4A claim

“The movant’s unsubstantiated claim that counsel’s mistakes on a Fourth Amendment issue somehow rendered his guilty plea unknowing are insufficient to overcome a record that reflects that the plea was knowing and voluntary.” Hernandez-Rodriguez v. United States, 2020 U.S. Dist. … Continue reading

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