Supreme Court

The Supreme Court Cares Nothing for Your Government Shutdowns

Cases about vehicle searches, forced union representation, to be reviewed


Shutdowns are for the little people.
Credit: Collection of the Supreme Court of the United States

Government shutdowns apparently also don't cover the Supreme Court. They returned from recess today and granted review of eight new cases. The indispensable SCOTUSblog has info on each of the cases, several of which are about intellectual property rules. There are two other cases under review that are of particular interest.

Navarette v. California (pdf) is a Fourth Amendment case where a truck was stopped based on an anonymous tip that it had been driving recklessly (and ran the tipster off the road). A search of the truck uncovered four bags of marijuana.

Two questions were asked of the court: "Does the Fourth Amendment require an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate dangerous driving before stopping the vehicle?"; and "Does an anonymous tip that a specific vehicle ran someone off the road provide reasonable suspicion to stop a vehicle, where the detaining officer was only advised to be on the lookout for a reckless driver, and the officer could not corroborate dangerous driving despite following the suspect for several miles?" The court decided it will examine only the first question.

The second case, Harris v. Quinn (pdf), will be watched heavily be libertarians and unions alike. The case examines whether home health care workers can be required to accept and pay for a union to represent them in negotiations with the state over state reimbursements. This has been a push over the past few years by unions to bolster their numbers in several states (Illinois being the origin of this challenge). The Cato Institute (and others) have filed briefs with the court arguing that such forced membership violates the First Amendment rights of workers to freely choose their associations and petition the government for redress of grievances. Read more here.

NEXT: 70 Percent of Civilian Spy Agency Employees Reportedly Furloughed During Government Shutdown

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  1. “Does the Fourth Amendment require an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate dangerous driving before stopping the vehicle?” And searching it.

    Is the court going to pretend that the tip came from anyone other than law enforcement or one of their informants involved in the investigation?

    1. your best guess. I always thought anonymous tips were a joke.

    2. Riddle me this: what misdemeanor crime has had more reviews by the supreme court?

      1. not a clue did a quick google and nothin.

    3. The problem is that they are surely going to hold that the 4a DOES NOT require anything other than an anonymous tip because if not, they will have to also hold that an anonymous tip cannot be enough PC to do a search for drugs.

      Count on it. Scalia will absolutely be on the wrong side of this one. The flood gates will open with cops claiming an anonymous tipsters telling them all sorts of things in order to get a search they otherwise couldn’t get.

  2. OT-

    Factcheck tackles Obamacare myths:…..33560.html

    Myth #1: Health Care Premiums are Rising.
    Myth #2: Obamacare is Killing Jobs.
    Myth #3: You Can’t Choose Your Own Doctor Under Obamacare.
    Myth #4: The Increase in Health Care Spending is Slowing Because of Obamacare.
    Myth #5: Congress is Exempt from Obamacare.

    1. Myth: Shreek is a fucking moron.

      There is no precise way of measuring how fucking moronic one can be. While Shreek rarely thoroughly reads the links that he posts, this is not an indication that one is a fucking moron.

    2. That is some Grade A dipshittery, I expect nothing less from you Shrieky-Poo. You never disappoint.

    3. Go fuck off to one of the actual ObamaCare threads, please. We’re talking SCOTUS here.

    4. :Robertson says whether health care premiums are rising or falling for individuals depends on their particular situation.”

      “You health insurance premium will also depend where you buy your insurance–including the state and locality–your age and your income.”

      As publications like Reason demonstrated, most states are seeing increases in premiums, and families in “middle class” situations are seeing increases. And as the AP noted, even a bronze plan will have you pay higher deductibles.

      They didn’t debunk myth 3, since they admitted that some exchanges have smaller networks. And doctors are already staying away from medicaid patients, who will only increase as they many more will enroll.

  3. Apparently the only thing a Government Shutdown does is pay overtime to park police to make sure no one is allowed on public property.

  4. Shutdown cancels Klan rally

    On Sept. 26, officials at Gettysburg National Military Park granted a special-use permit for a rally to a Maryland-based KKK group. According to NBC 10 Philadelphia, the event was canceled when park officials rescinded all permits for special events because of the shutdown, which began 12 a.m. ET on Tuesday.

    Irony abounds in the comments:

    W. Carolina hillbilly
    1381 Fans
    Golly darn it ! All of us teakkklaners had planned our family vacations around this gud ol boy event. cruz, palin, bachmann, and the rest of the teakkklaners in congress are really disappointed.

    Political Prisoner 2012
    Stick a spork in ’em. The republicons are done.
    677 Fans
    Imagine, one right-wing hate group actually obstructs another right-wing hate group.

    Irony is so… ironic.

    And the kicker:

    liberal humanist stardust 1987
    67 Fans
    14 minutes ago ( 6:53 PM)
    Gosh, its got to be pretty darn exhausting living every waking moment of your life filled with hate. Hating someone is not a pleasurable feeling. It takes a lot of energy too. What a waste of a human-being, devoting precious time to encourage hate and racism. Maybe the time they are shut down they could use to reevaluate their pathetic foul rhetoric and read a science book or something.

    1. Irony is so…ironic. I absolutely love it when the “ironic” hipster progressive types fail at identifying the immense irony in their actions. It’s sad, but gives me a warm fuzzy feeling inside.

      Worse, these people consider themselves insightful. Damn, it must be awesome to possess no self awareness whatsoever!

      1. Yeah, it’s funny when the people most often bloviating about “haters” and “tolerance” and “diversity” are leftists, who are usually full of hate and intolerance toward people they disagree with.

    2. Does the KKK allow white Hispanics into their ranks?

    3. i hate lots of people….gives me a reason to wake up everyday.

  5. Too bad. The time off might have given the justices the opportunity to peruse the U.S. Constitution. But at least they’re still on the job, hard at electing to ignore questions put before it.

    1. must be nice to be able to do whatever you want with no penalty :/

  6. Navarette v. California

    They should be allowed to stop the driver, but not necessarily search them.
    I should think that any citizen should be allowed to provide the police with information about criminal activity. Much cheaper than forcing the police to do all their own investigating. Note that ALLOWED is a lot different than REQUIRED. Moreover, why would you bother telling the police about a reckless driver if you know the police aren’t going to be able to pull him over. In this case, the driver that was forced off the road is effectively the victim of a crime anyway.

    But, there’s no need to search the vehicle to cite the guy for reckless driving.

    Harris v. Quinn (pdf)

    Let me get this straight. The unions want to force a bunch of people who don’t know each other, who work independently of one another, who never actually see each other, and who don’t in any way collaborate in the performance of their duties to join and be represented by the same union? Next the freelancers union is going to demand that all freelancers join the freelancers union. Self-employment will effectively be illegal. You’ll have to ask the freelancers union for permission before you answer an ad on craigslist.

    1. The question in Navarette is whether officers should have to actually witness dangerous driving before stopping people or if they can just rely on an anonymous tip.

      1. This. There is no proof of the incident so no evidence to pull the driver over. If the tipster sent a video that is evidence but otherwise cops or any douche bag can call in and get someone pulled over.

    2. Anonymous tip should not be enough to stop the car. Sixth Amendment provides from confrontation of witnesses against someone. If the police act solely on the tip, and not first-hand observation, then the suspect has no actual evidence or witness against them in court.

      Think of all those celebrity “swatting” cases. Suppose you piss your neighbor off about mowing the lawn to early, and they call in an “anonymous tip” that you have a grow operation in your basement. You’d never get convicted in court, but should the cops still get to plow down your door, shoot your dogs, and throw your kids on the ground at gunpoint?

      1. Excuse my horrible spelling, I’ve taken a page from Congressional shut-down decorum and had a few to drink.

      2. Ok, granted. I didn’t read carefully enough. The tip should be non-anonymous. You should have to state your name so the officer has a known witness to the crime.

    3. Self-employment will effectively be illegal

      From its inception, organized labor has sought a return to the guild system.

    4. Re: Harris v. Quinn:

      It’s worse than that. These caretakers are effectively family members taking care of their disabled relatives. They aren’t self-employed professional caretakers, they’re doing it for themselves because it’s cheaper than hiring a pro. They get a bit of money from the state to help with the costs (which is also bullshit, but that’s another fight). And the union is trying to force them to join.

      1. This really puts in context the push to require home-caretakers be paid the minimum wage.

  7. OT: Not a half hour ago, I discovered that NexDef has an option that allows you to overlay the video broadcast with sounds of the park. Nothing but fan noise and field sounds with no squawking broadcasters.

    This is the world’s greatest innovation since Amazon Prime.

  8. These guys dont have a clue man.

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