November 9, 2009
Last week, the U.S. Supreme Court
heard oral arguments in Powattattamie v. McGhee, a case
that will determine if prosecutors who manufacture evidence used
to convict an innocent person should be susceptible to lawsuits.
Reason Senior Editor Radley Balko analyzes the hearing,
and finds former Bush Solicitor General Paul Clement essentially
charging that the entire concept of prosecutoral immunity is a
form of judicial activism.
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