High Court Grants Ashcroft Immunity; Scalia Invents New Meaning for “Suspicion”

By: Tuesday May 31, 2011 11:44 am

SCOTUS has just ruled unanimously that John Ashcroft can’t be sued by Abdullah al-Kidd for using a material witness warrant to incarcerate him. The eight justices (Elena Kagan recused herself) all agree there was no law explicitly prohibiting this kind of abuse of material witness warrants, so Ashcroft has immunity from suit.


Supreme Court Leaves “Don’t Ask, Don’t Tell” Intact During Appeal

By: Friday November 12, 2010 2:45 pm

Surprising no one, the Supreme Court left intact (without comment) the ban on open service in our military by gays and lesbians while the Appeals Court determines its constitutionality.

This Raid on Peace Activists Brought to You By Elena Kagan

By: Tuesday September 28, 2010 3:15 pm

I have no idea what Kagan thinks about this raid. But even during the argument, she sustained a fiction that the Court’s interpretation of material support to include peace efforts would be an unlikely use of prosecutorial discretion.

Walker’s Decision in Prop 8 Case Written with Kennedy in Mind

By: Friday August 6, 2010 9:35 am

There’s no question that Judge Walker, like any other judge, I’d imagine, likes his rulings to hold up on appeal. That’s why he did two very specific things with the Prop 8 ruling. He established a rigorous fact pattern, because the appellate courts will have to deal with those facts in their opinions. And, he basically tailored his ruling with respect to precedent on cases decided by the one man who will determine whether his ruling will stand.

The Kagan Effect: For Maher Arar, Torture May Become “Incidental”

By: Friday May 14, 2010 2:50 pm

Hamdan attorney and now Acting Solicitor General Neal Katyal says that the issue is not Arar’s torture, but narrow questions of whether Arar can even ask for some relief in the US Courts.

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