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 else’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)
Briefs and Documents
Merits Briefs
- Brief for Petitioner John Ashcroft
- Brief for Respondent Abdullah al-Kidd
- Reply Brief for the Petitioner
Amicus Briefs
- Brief for Wesley MacNeil Oliver in Support of Petitioner
- Brief for William P. Barr, Benjamin R. Civiletti, Edwin Meese III, Michael B. Mukasey, Dick Thornburgh, and the Washington Legal Foundation in Support of Petitioner
- Brief for the Constitution Project in Support of Respondent
- Brief for Legal History and Criminal Procedure Law Professors in Support of Petitioner
- Brief for Former Federal Prosecutors in Support of Respondent
- Brief Brief for Legal Scholars in Support of Respondent
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