|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-1259||D.C. Cir. _||Nov 8, 2011||Jan 23, 2012||9-0||Scalia||OT 2011|
Holding: Attaching a GPS device to a vehicle and then using the device to monitor the vehicle’s movements constitutes a search under the Fourth Amendment.
Plain English Holding: The defendant’s conviction for drug trafficking must be reversed when some of the evidence to convict him was obtained through a GPS tracking device on his car, because the attachment of the GPS tracking device and then the use of that device to monitor the car’s whereabouts is a “search” for purposes of the Fourth Amendment.
Judgment: Affirmed, 9-0, in an opinion by Justice Scalia on January 23, 2012. Justice Sotomayor filed a concurring opinion. Justice Alito also filed a concurring opinion, which was joined by Justices Ginsburg, Breyer, and Kagan. The five concurring members of the Court do not resolve the question of whether the search was reasonable in this case.
Merits Briefs for the Petitioner
Amicus briefs in support of the Petitioner
Merits Briefs for the Respondent
Amicus Briefs in Support of the Respondent
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."