on May 19, 2011 at 10:06 am
On Tuesday, Justice Thomas spoke at a dinner for the Augusta Bar Association, where â€“ among other things â€“ he emphasized that a collegial atmosphere continues to prevail at the Court. Adam Folk of the Augusta Chronicle has coverage, along with extensive quotes from the Justiceâ€™s remarks.Â On Wednesday, he spoke at the dedication of a local courthouse. Greg Bluestein of the Associated Press reports that although some were â€œupset he was tapped to speak,â€ Justice Thomas â€œpushed back against criticism of his conservative record,â€ voicing his hope that â€œthis courthouse will always be a refuge from the shifting tides of public interest.â€ Debra Cassens Weiss of the ABA Journal also has coverage of Justice Thomasâ€™s visit to Augusta.
Reporters and commentators continue to digest Mondayâ€™s decision in Kentucky v. King, in which the Court held that exigent circumstances may permit a warrantless entry into a home even when the police themselves created the exigency, so long as they did not do so through an actual or threatened violation of the Fourth Amendment. Here at SCOTUSblog, Holly Ragan summarizes the opinion. At her Opinionator blog for the New York Times, Linda Greenhouse criticizes the decision, suggesting that the majorityâ€™s opinion evokes a â€œfantasy world of consensual and constitutionally informed encounters with the policeâ€ and reminds â€œus that if we donâ€™t know our constitutional rights, we have only ourselves to blame.â€ At the Huffington Post, Scott Morgan considers â€œhow this case could impact police practices and constitutional rights.â€ While he is critical of the decision, he notes that â€œitâ€™s not exactly the death of the 4th Amendment.â€
- At his Under the Radar blog, Politicoâ€™s Josh Gerstein highlights Ted Olsonâ€™s suggestion that, â€œ[i]f the legal fight over Californiaâ€™s voter-approved ban on same-sex marriage makes it to the Supreme Court, the Justices could issue an â€œincrementalâ€ decision striking down the ban on narrow grounds that stop short of creating full-fledged constitutional protections for gay relationships.â€
- SCOTUSblogâ€™s own Lyle Denniston highlights a new cert. petition filed by a Guantanamo detainee, Toffiq Nasser Awad Al-Bihani ( the brother of Ghaleb Nassar Al-Bihani, whose petition was denied on April 4). The petition asks the Court to decide whether â€œthe laws of armed conflict,â€ as developed in international law, determine â€œwho may be indefinitely detainedâ€ under the Authorization for the Use of Military Force (AUMF).
- At the Huffington Post, Mandy Smithberger and Michael Smallberg of the Project on Government Oversight discuss Mondayâ€™s decision in Schindler Elevator Corp. v. US ex rel. Kirk, in which the Court held that an agencyâ€™s response to a FOIA request for records is a â€œreportâ€ within the meaning of the disclosure bar of the False Claims Act.