Tagged: supreme court

A Tiny Bit More on Qualified Immunity

Last summer, I made a little ‘splainer for the Washington Post briefly explaining how Qualified Immunity works (and doesn’t). [Link] This afternoon, a very nice reporter reached out to me for some followup. She’s doing a longer piece on QI, and had some questions specifically about the Supreme Court’s jurisprudence here. I dashed...

More on the NYT’s Absurd Article

Over on the Volokh Conspiracy, Prof. Jonathan Adler posted another critique on Sunday of the New York Times’s silly article claiming the Roberts Court to be the “most conservative in living memory.”  Adler makes some of the same points we did last week, finding fault with the Times’s definitions of...

The New York Times Gets It Wrong… Again

Over the weekend, the NYT printed an article calling the Supreme Court under C.J. Roberts the “most conservative in decades.”  “The court not only moved to the right,” the article said, “but also became the most conservative one in living memory, based on an analysis of four sets of political...

Supreme Court Smackdown

“Why is this case here, except as an opportunity to upset Melendez-Diaz?” So wondered Justice Scalia during oral argument a couple weeks back in the case of Briscoe v. Virginia. For some background, see our previous post on this case here. Briefly, the Supreme Court held last year in Melendez-Diaz...

Supremes Punt, but Stevens AND Scalia Agree: It’s Time to Clarify whether Feds Can Still Prosecute Old Civil Rights Crimes

While the boys were still alive, they were chained to the engine block of an old Jeep, and to pieces of railroad track. Then the Klansmen dumped the boys in the river, where they drowned. One of the Klansmen later reported that Seale “would have shot them first, but didn’t want to get blood all over the boat.”

The boys were killed because they were black, and because Seale thought they might have been civil-rights workers.

Ninth Circuit Bungles Math, Can the Supremes Fix It?

The “Prosecutor’s Fallacy” is one example of why we think Statistics should be a required course in college. Let’s say the police have the DNA of a rapist. Only 1 in 3,000,000 people chosen at random will match that DNA sample. Your DNA matches. At your trial, the DNA expert...

Wow! Supreme Court Puts Actual Innocence in Play

  The Supreme Court did something today it hasn’t done for generations — it took an “original writ” of habeas corpus (a request made directly to the Supreme Court itself, instead of first filing it in a lower court), and then it ordered a federal District Court to hold a...

Lab Report’s Not Enough — Chemist Must Testify

The Supreme Court this morning ruled that it’s a violation of the Sixth Amendment’s Confrontation Clause for the prosecution in a drug case to simply admit a sworn lab report, without the chemist’s testimony, to prove that the drugs were controlled substances. This is what we predicted, of course, making...

No More Strip Searches in Schools

In a groundbreaking unanimous decision this morning, the Supreme Court ruled that it was unconstitutional for school officials to perform a strip search of a student suspected of possessing prohibited drugs. And school officials who do this in the future will have to pay damages. Writing for the Court in...