Category Archives: SCOTUS

SCOTUS: FTCA applies to raid of the wrong house, remanded to CA11

After federal law enforcement officers raided the wrong house, which should have been evident at the time, the occupants stay in court on their FTCA claim and get to litigate the negligence claim. Martin v. United States, 2025 U.S. LEXIS … Continue reading

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Cert. granted: Case v. Montana on emergency entries into the home without PC

Case v. Montana, 24-624 (granted June 2, 2025). Question presented: “Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.”

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SCOTUS: Barnes v. Felix: The “totality of circumstances” in excessive force cases includes the entire encounter, not just the moments before force was used

The “totality of circumstances” in excessive force cases includes the entire encounter, not just the moments before force was used. Barnes v. Felix, 2025 U.S. LEXIS 1834 (May 15, 2025) (SCOTUSBlog). From the Syllabus:

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Sophie Z. Lee, The Reconciliation Roots of Fourth Amendment Privacy

Sophie Z. Lee, The Reconciliation Roots of Fourth Amendment Privacy, 91 U. Chi. L. Rev. 2139 (2024):

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55 years ago today: NPR: On This Day In 1970: Hruska Links Judge To ‘Mediocre’

NPR: On This Day In 1970: Hruska Links Judge To ‘Mediocre’ by Ken Rudin:

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SCOTUS denies review of “the presence rule” for misdemeanor arrests

SCOTUS denied review of a case from the Eleventh Circuit on the in the presence rule for misdemeanor arrests from United States v. Gonzalez, 107 F.4th 1304 (11th Cir. 2024) because, noted by the statement of Sotomayor and Gorsuch, the … Continue reading

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Cert. granted: Martin v. United States over mistaken SWAT raid

SCOTUSBlog: Justices take up case on right to sue over mistaken SWAT raid by Amy Howe:

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Reason: “the Supreme Court’s oral argument yesterday in Barnes v. Felix will be noteworthy.”

Reason: Prof. Robert Leider on the arguments in Barnes v. Felix by Will Baude: Professor Robert Leider, who writes in both constitutional law and criminal law, passed along these comments on the Supreme Court’s recent oral argument in an excessive … Continue reading

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Reason: New Cert Petition on Emergency Entry: What Was the Common Law Rule?

Reason: New Cert Petition on Emergency Entry: What Was the Common Law Rule? A few thoughts on a pending cert petition. by Orin S. Kerr:

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Bloomberg Law: Supreme Court Passes on Police ‘Knock and Talk’ Arrest Challenge

Bloomberg Law: Supreme Court Passes on Police ‘Knock and Talk’ Arrest Challenge (“The US Supreme Court rejected a case challenging the power police have to detain people during so-called ‘knock and talk’ investigations. The justices decided on Monday not to … Continue reading

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SCOTUS has a third-party records tax summons case, but not necessarily a 4A case, yet; it might become one

Added to Most Recent SCOTUS cases is Polselli v. Internal Revenue Service, 21-1599, cert. gr. Dec. 9, 2022, argument Mar. 29, 2023 (ScotusBlog). It is a third-party records summons case where the parties’ cert papers don’t even mention the Fourth … Continue reading

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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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