Ashcroft v. al-Kidd

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
10-98	9th Cir.	Mar 2, 2011 Tr.Aud.	May 31, 2011	8-0	Scalia	OT 2010

Holding: (1) The objectively reasonable arrest and detention of a material witness pursuant to a validly obtained warrant cannot be challenged as unconstitutional on the ground that the arresting authority allegedly had an improper motive; and (2) because former Attorney General Ashcroft did not violate clearly established law, he is entitled to qualified immunity. (Kagan, J., recused).

Plain English Holding: Former Attorney General Ashcroft cannot be sued for violating the Fourth Amendment rights of people who were arrested and held in custody under warrants intended to ensure that they appeared as witnesses at someone elseâ€™s trial, even when they argue that they were actually detained so that law enforcement officials could investigate them or to prevent them from committing future crimes.

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Scalia on May 31, 2011. Justice Kennedy filed a concurring opinion, which Justices Ginsburg, Breyer, and Sotomayor joined in part. Justice Ginsburg filed an opinion concurring in the judgment, which Justices Breyer and Sotomayor joined. Justice Sotomayor also filed an opinion concurring in the judgment, which Justices Ginsburg and Breyer joined. (Kagan, J., recused)

SCOTUSblog Coverage

A new "Kennedy doctrine" (Lyle Denniston)
Opinion recap: Narrow ruling on anti-terrorism tactic (UPDATED) (Lyle Denniston)
Argument recap: Eloquence in an unspoken hint (Lyle Denniston)
Argument preview: An old law in new guises? (Lyle Denniston)
Special feature: The case against John Ashcroft et al. (Mary A. Fischer)
The strange case of Ashcroft v. Al-Kidd (Orin Kerr)
UPDATED: New review for Ashcroft (Lyle Denniston)

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
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Ashcroft v. al-Kidd

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Certiorari-stage documents

Featured Posts

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected) – Rory Little

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