Category Archives: SCOTUS

SCOTUSBlog: Petitions of the week

SCOTUSBlog: Petitions of the week includes: Hamm v. Tennessee19-1059Issue: Whether police violate the Fourth Amendment when they conduct a suspicionless search of a probationer’s home.

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SCOTUS: The estate of a young man shot and killed across the U.S.-Mexico border by a U.S. Border Patrol agent has no 4A or 5A Bivens claim.

The estate of a young man shot and killed across the U.S.-Mexico border by a U.S. Border Patrol agent for no reason has no Bivens claim for a Fourth or Fifth Amendment claim. Hernández v. Mesa, 2020 U.S. LEXIS 1361 … Continue reading

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Reason.com: The Supreme Court Tackles Police Shootings, Excessive Force, and the Fourth Amendment

Reason.com: The Supreme Court Tackles Police Shootings, Excessive Force, and the Fourth Amendment by Damon Root (“What’s at stake in Torres v. Madrid.”)

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Reason: The Volokh Conspiracy: The Role of Originalism in Torres v. Madrid

Reason: The Volokh Conspiracy: The Role of Originalism in Torres v. Madrid by Orin S. Kerr (“Some preliminary thoughts on a fascinating case.”)

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SCOTUS cert grant: Torres v. Madrid: Is a person shot driving away from the police “seized”?

Torres v. Madrid, 19-292 (granted Dec. 18, 2019): 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 … Continue reading

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SCOTUSBlog: Justices to take up battle over Trump financial documents [or, what does this mean to the third-party doctrine?]

SCOTUSBlog: Justices to take up battle over Trump financial documents by Amy Howe:

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Reason: Volokh Conspiracy: What is “individualized” suspicion?

Reason: Volokh Conspiracy: What is “individualized” suspicion? by Orin S. Kerr:

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Reason: Reasonable Suspicion From Driver to Car: A Few Thoughts on Kansas v. Glover

Reason: Reasonable Suspicion From Driver to Car: A Few Thoughts on Kansas v. Glover by Orin S. Kerr Some interesting issues raised by the only Fourth Amendment case currently on the Supreme Court’s docket.

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SCOTUSblog: Argument preview: Can the police stop a vehicle because its registered owner’s license has been suspended or revoked?

SCOTUSblog: Argument preview: Can the police stop a vehicle because its registered owner’s license has been suspended or revoked? by Evan Lee (“Next Monday, November 4, the Supreme Court will hear argument in a case that asks whether it is … Continue reading

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Reason: The Supreme Court’s Next Big Fourth Amendment Case

Reason: The Supreme Court’s Next Big Fourth Amendment Case by Damon Root (“What’s at stake in Kansas v. Glover.”).

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Time: Justice Neil Gorsuch: Why Originalism Is the Best Approach to the Constitution

Time: Justice Neil Gorsuch: Why Originalism Is the Best Approach to the Constitution

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The Atlantic: The Supreme Court Is Not Well. And the People Know It.

The Atlantic: The Supreme Court Is Not Well. And the People Know It. by Garrett Epps (“A new guns case reveals that the once-noble institution has died, and we’re left working with its corpse.”)

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