Comments on: Brief Notes on Morse Oral Argument http://www.scotusblog.com/2007/03/brief-notes-on-morse-oral-argument/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Sam B. http://www.scotusblog.com/2007/03/brief-notes-on-morse-oral-argument/#comment-11012 Sam B. Mon, 19 Mar 2007 22:05:59 +0000 http://www.scotusblog.com/wp/uncategorized/brief-notes-on-morse-oral-argument/#comment-11012 Marty, Even if they decide that the principal gets qualified immunity, they'll still reach the merits if they follow their usual practice, which is to decide the merits first and then address the qualified immunity question. See Siegert v. Gilley and subsequent cases. Although some have questioned that practice, I doubt there are five votes to end it. FWIW, my reading of the transcript leads me to think that there are somewhere between 5 and 9 votes for the principal on the qualified immunity question. Marty,

Even if they decide that the principal gets qualified immunity, they’ll still reach the merits if they follow their usual practice, which is to decide the merits first and then address the qualified immunity question. See Siegert v. Gilley and subsequent cases. Although some have questioned that practice, I doubt there are five votes to end it.

FWIW, my reading of the transcript leads me to think that there are somewhere between 5 and 9 votes for the principal on the qualified immunity question.

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