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Cert grant in Ashcroft v. Al-Kidd

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.

Update: more from Orin Kerr.

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Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute

Katherine Lazarski
Press Officer,
Manhattan Institute


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