SCOTUSblog: "The Court limited its review of the new terrorism case (Ashcroft v. Al-Kidd, 10-98) to two issues: whether Ashcroft is entitled to absolute immunity in a case involving a detention under the federal 'material witness' law, and whether he is entitled at least to qualified immunity to a Fourth Amendment claim." The Court will not be reviewing the applicability of Iqbal to the case, even though the theory of Attorney General Ashcroft's liability was far removed from the line prosecutor who held the plaintiff for fifteen days as a material witness. Justice Kagan has recused herself from the case, so Ashcroft effectively starts down 1-0, since a 4-4 split is the same as a 5-4 loss. Earlier discussion of the Ninth Circuit ruling (598 F.3d 1129 (9th Cir. 2010)): Thornburg @ WLF; Samp @ WLF; Samp @ WLF.
Cert grant in Ashcroft v. Al-Kidd
- Obamacare Debate Complete: The participant with the most compelling argument was...
- Sackett v. EPA
- Coming next week: featured discussion on PPACA
- A small victory against the EPA
- New Podcasts: Making sense of the court order in Kiobel
- Kiobel debate complete
- New Featured Discussion: Kiobel and corporate liability under the Alien Tort Statute
- Supreme Court hears argument on Stolen Valor Act
- Compucredit v. Greenwood
- Wherein George Soros wastes his money
- The myth of the pro-business Supreme Court (continued)
- The expense of the death penalty
- Alex Tabarrok on medical patents
- Reuters releases innovative SCOTUS tracking tool
- Supreme Court TV?