Category Archives: SCOTUS

HotAir: Justice Gorsuch’s fascinating, constitutional dissent in Carpenter

HotAir: Justice Gorsuch’s fascinating, constitutional dissent in Carpenter by Taylor Millard Because the majority didn’t go far enough. Still, it should have been a concurrence.

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WaPo: Editorial: Congress must reckon with the Fourth Amendment and new technology

WaPo: Editorial: Congress must reckon with the Fourth Amendment and new technology A 5-to-4 decision suggests the Supreme Court’s view of “unreasonable searches” is evolving. The House and Senate should clarify the legal standard.

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SCOTUSBlog: Opinion analysis: With facts like these … Lozman v. City of Riviera Beach

SCOTUSBlog: Opinion analysis: With facts like these … Lozman v. City of Riviera Beach by Heidi Kitrosser:

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Terry v. Ohio decided 50 years ago today

Today, Sunday, June 10th, is the 50th Anniversary of Terry v. Ohio, 392 U.S. 1 (1968). Ohio’s Eighth District Court of Appeals opinion is also noteworthy, drawing on common law and whatever recent authority there was, considering the court of … Continue reading

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Rewire.com: Clarence Thomas Manages to Be Wrong Even When He’s on the Right Side

Rewire.com: Clarence Thomas Manages to Be Wrong Even When He’s on the Right Side by Imani Gandy. You don’t have to agree. At least think about it.

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New Law Review Article: “The vast majority of current Fourth Amendment doctrine unfounded, incoherent, and dangerous.”

Gray David, The Fourth Amendment Categorical Imperative, 116 Mich. L. Rev. Online 14 (2017): The vast majority of current Fourth Amendment doctrine unfounded, incoherent, and dangerous.

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Law.com: Why Some Judicial Nominees Struggle When Asked About ‘Brown v. Board of Education’

Law.com: Why Some Judicial Nominees Struggle When Asked About ‘Brown v. Board of Education’ by Tony Mauro: For some nominees, the concern is that by answering explicitly, they would be viewed as biased. For others, the decisions they are being … Continue reading

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WaPo: Justice Department asks Supreme Court to moot Microsoft email case, citing new law

WaPo: Justice Department asks Supreme Court to moot Microsoft email case, citing new law by Ellen Nakashima: Now that Congress has made clear that a U.S. search warrant covers emails stored overseas, the Justice Department on Friday asked the Supreme … Continue reading

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NPR: Police Shootings Stir Outrage Among Some, But Not The Supreme Court

NPR: Police Shootings Stir Outrage Among Some, But Not The Supreme Court by Nina Totenburg: The U.S. Supreme Court has again stepped into the bitter public turmoil over police shootings of civilians, ruling Monday that an Arizona police officer is … Continue reading

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Volokh Conspiracy: The Supreme Court’s Continuing Immunity Crusade

Volokh Conspiracy: The Supreme Court’s Continuing Immunity Crusade by Will Baude A few thoughts on today’s summary reversal in Kisela v. Hughes.

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NYTimes: Our Increasingly Unenforceable Constitution

NYTimes: Our Increasingly Unenforceable Constitution by Stephen I. Vladeck

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Today is the 55th anniversary of Gideon v. Wainwright

Gideon v. Wainwright was decided 55 years ago today. Thank you to the Public Defenders of America.

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