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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Editor's Note :

Ashcroft v. al-Kidd

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Remembering Justice Stevens: A lost link to our past – Gregory Garre

Challengers respond in dispute over funding for border wall – Amy Howe

Justice Stevens at oral argument: Often fatal; always kind – Paul Clement

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