|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-98||9th Cir.||Mar 2, 2011||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)
NEW: SCOTUS adds one new case to its docket for next term: Hemphill v. New York, a criminal-procedure case about the interaction between hearsay rules and the right of defendants to confront witnesses against them. Still no action on major petitions involving guns and abortion.
The court will release orders at 9:30 a.m. EDT followed by oral argument in two cases.
First, whether Alaska Native regional and village corporations are “Indian Tribes” for purposes of CARES Act Covid-related relief.
By @StanfordLaw’s Gregory Ablavsky.
Are Alaska Native corporations Indian tribes? A multimillion-dollar question - SCOTUSblog
Are Alaska Native corporations — special corporations that Congress created in 1971 when it resolved Native claims ...
It's official: In the first-ever SCOTUS bracketology tournament, our readers have chosen CHIEF JUSTICE EARL WARREN as the greatest justice in history. The author of Brown v. Board, Loving v. Virginia, and Miranda v. Arizona defeated top-seeded John Marshall in the final round.
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here: https://www.scotusblog.com/2021/04/the-great-chief-and-the-super-chief-a-final-showdown-in-supreme-court-march-madness/
Cast your vote below!
NEW: The Supreme Court will issue opinion(s?) next Thursday April 22. We’re still waiting on decisions in the ACA case and Fulton v. City of Philadelphia about religious liberty and LGBT rights.
Four Democrats unveiled legislation today to expand the size of the Supreme Court from nine justices to 13 -- but Democratic leaders in both the House and Senate quickly threw cold water on the proposal.
Here's our report from @jamesromoser:
Bill to enlarge the Supreme Court faces dim prospects in Congress - SCOTUSblog
Four congressional Democrats introduced legislation Thursday to expand the number of seats on the Supreme Court from ...
We're so excited about our April 15 Live Webinar (w/ @HarvardACS & @HarvardFedSoc), Covering the Court, featuring an all-star lineup of panelists @jduffyrice, @katieleebarlow, @whignewtons, & @stevenmazie! _👩⚖️👩⚖️👩⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️_ Register here ➡️ https://harvard.zoom.us/webinar/register/WN_k_b_9IPBQ_GV37rpsjF9kw
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