Today the Supreme Court agreed to hear both of the pending cell-phone search cases; as explained here, one case, Wurie, involves an old-style flip-phone, and the second, Riley, involves a modern smart phone. The Court modified the Questions Presented in Riley to match that in Wurie, so the question presented in both is “[w]hether evidence […]
Author Archive | Orin Kerr
Where is Congress in Obama’s Reforms on Section 215?
If I understand Obama’s new policy on Section 215, he is going to have the Executive Branch ask the judges on the Foreign Intelligence Surveillance Court (FISC) to begin to limit when the Executive can query the Section 215 database. That is, he will ask the judiciary to take on a new power to limit […]
Thanks to Tim Sandefur, And A Brief Comment
I very much appreciate Tim Sandefur’s careful response to my question about his view of the Constitution. If I understand Tim’s view, though, it’s actually not about the U.S. Constitution in particular. Instead, it’s a theory of all governments throughout human history. In these posts, he happens to be advocating his approach for the U.S. […]
A Question for Tim Sandefur
Reading Tim Sandefur’s first guest post, I have a quick clarifying question. Let’s say that the public disagrees with Tim’s view, and that to make its point, a constitutional amendment pursuant to Article V is passed that explicitly approves the existing status quo of judicial interpretation and explicitly rejects the Declaration of Independence as a […]
Insider Trading Trial Reveals Case of Harvard Law Student Who Altered His Transcript for Clerkship Applications
The insider trading trial of Mathew Martoma has revealed an interesting episode of his earlier life thanks to a motion under Rule 404(b), and specifically the time he was kicked out of Harvard Law School for falsifying his transcript when he applied for appellate clerkships. Martoma (then named Mathew Thomas) altered his law school transcript […]
Are Thermal Imaging Devices in General Public Use Yet? (2014 Edition)
Four years ago, I had a long post on whether thermal imaging devices are in general public use, which, according to dicta in Kyllo v. United States, might enable the police to use them on a home without triggering a Fourth Amendment search. At the time, single-point infra-red temperature sensors started at about $50, and […]
Seventh Circuit Upholds $30 Booking Fee For Being Arrested
The decision is here, with a vigorous dissent by Judge Hamilton. Hat tip: Mike Scarcella. UPDATE: Exchange from comments: Nick: So if Mr. Markadonatos had refused to pay the booking fee, would [he] have been refused booking?Miles: No. He would have been arrested again for violating the ordinance. Another $30.
Video of Today’s Heritage Panel on A Conspiracy Against Obamacare
This is for those of you who like to see and hear your Conspirators rather than just read them:
“A Conspiracy Against Obamacare” Event Tomorrow to be On C-Span’s Book TV
Tomorrow from noon to 1pm, the Heritage Foundation in Washington, DC, is hosting a panel about the VC’s own book, A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case. The one and only John Malcolm will moderate, and the participants will be Randy, Ilya, editor Trevor Burrus, and me. For those who […]
En Banc Ninth Circuit Invalidates Hotel Inspection Regulation
Regular readers may recall my blog post last year on the panel decision in Patel v. City of Los Angeles, involving a facial challenge to a Los Angeles regulation requiring that LA hotels shall make hotel guest records “available . . . for inspection” by the LAPD. The 2-1 panel decision ruled that a facial […]
A Reporter’s Guide to Applications Pending Before the U.S. Supreme Court
It’s published by the Court and intended for reporters, but I suspect other Court-followers will find it useful. Thanks to Michelle Olsen of Appellate Daily for the link.
Will the Supreme Court Review the NSA’s Telephony Metadata Program?
In the wake of the dueling opinions by Judges Leon and Pauley about the NSA’s Section 215 telephony metadata program, a lot of commentators are assuming that the issue is heading to the Supreme Court. If a federal circuit court rules that the program is unconstitutional and survives en banc review, then I agree that […]
A First Look at Navarette v. California: Are Stops Governed by the Rules of Terry or By Case-by-Case Reasonableness?
On January 21st, the Supreme Court will hear argument in Navarette v. California, a Fourth Amendment case on whether an officer who receives an anonymous tip regarding drunk driving must corroborate the dangerous driving before stopping the car. Reading through the briefing in the case, I was struck by the surprising argument advanced by the […]
Justice Blackmun’s File on Smith v. Maryland
Smith v. Maryland and the third-party doctrine have been much in the news recently thanks to the dueling Leon/Pauley NSA opinions. In light of that, law prof Kyle Graham has posted Smith-related materials from Justice Blackmun’s papers at the Library of Congress. You can read them here. The documents include conference notes, the cert pool […]
Eric Posner’s New Blog
Former VC blogger Eric Posner has started a new blog, at EricPosner.com. Eric’s writing is always provocative and sharp, so be sure to visit.