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
- On the Supreme Court cert docket (II): Limelight v. Akamai
- The Bond That Ties: A Case-Study in Federalism
- The Unconscionability of California's "Amendable" Arbitration Agreements
- TLI Update: Supreme Court To Hear Patent Troll Cases
- Businessweek on class actions
- In the Matter of McCutcheon: The Merits of Campaign-Finance "Aggregation"
- "A Facebook Deal That Needs Unfriending"
- Teen Sexting, Youthful Mistake or Felony?
- The cy pres morass and In re BankAmerica Corp. Securities Litigation
- CEI, Cato, and PLF weigh in on Mount Holly
- Marek v. Lane & Dry Max Pampers in today's NY Times
- Epstein on the pro-business Supreme Court myth
- Supreme Court Ethics Act of 2013
- Cy pres in SCOTUS? Facebook Beacon settlement certiorari petition
- Recess Appointments Update