“An officer violates the Fourth Amendment if he shoots an unarmed, incapacitated suspect who is moving away from everyone present at the scene.”
“It is not the role of the executive—particularly the unelected administrative state—to dictate” the terms of criminal law, said the 6th Circuit.
"The application of physical force to the body with the intent to restrain is a seizure, even if the person does not submit and is not subdued."
“There was no immediate danger,” Sotomayor said, yet the police “decided on their own to go in and seize the gun.”
'If You Wear a Federal Badge, You Can Inflict Excessive Force on Someone With Little Fear of Liability,' Complains Judge Don Willett
A federal judge protests the Supreme Court’s “rights-without-remedies” Bivens doctrine.
More criminal defense lawyers, public defenders, and civil rights litigators may soon be appointed to the federal bench.
What to expect from Joe Biden’s pick for attorney general.
The unfolding legal saga of City of Hayward v. Stoddard-Nunez
Does the Fourth Amendment right to be free from unreasonable seizures include the right to be free from an unreasonable attempted seizure?
Fourth Amendment advocates prevail in Wingate v. Fulford.
The Supreme Court weighs police shootings and unreasonable seizures in Torres v. Madrid.
The Supreme Court nominee weighs in on a famous case.
Perhaps Pennsylvania Supreme Court Justice David Wecht ought to read more history, starting with the speeches of the late Rep. John Bingham.
Democratic Warnings That Confirming Amy Coney Barrett Would Doom Obamacare Are Implausible and Confused
There is little reason to think Barrett would vote to overturn the Affordable Care Act, which in any case seems legally secure.
Clarence Thomas and Samuel Alito worry about the future of religious freedom. That’s not the same as a call to overturn the decision.
The Trump presidency has been a stress test for maximalist theories of presidential power.
What's next for SCOTUS?
SCOTUS Contender James Ho Combines Respect for Free Speech and Gun Rights With a Troubling Deference to Cops
The 5th Circuit judge is a mixed bag from a libertarian perspective.
Is freedom of speech best upheld by law or by culture?
The episode reflects poorly on Biden.
The Covid pandemic strengthens the case for abolishing a requirement that should never have been imposed in the first place.
Failing to list all the authors on joint works is often unfair.
A bust of the Dred Scott author stands in the old Supreme Court chambers in the capitol.
SCOTUS is the least democratic branch. Is that a bad thing?
The chief justice has managed to infuriate every major political faction.
Roberts dissented in 2016 when SCOTUS struck down an abortion law. What changed this time around?
"Only the written word is the law, and all persons are entitled to its benefit."
The Cops Who Sicced a Dog on a Surrendered Suspect Got Qualified Immunity. SCOTUS Won't Hear the Case.
"I have previously expressed my doubts about our qualified immunity jurisprudence," writes Associate Justice Clarence Thomas in a dissent.
Clarence Thomas Upbraids SCOTUS for 'Prolonging Our Decade-Long Failure to Protect the Second Amendment'
"The fundamental protections set forth in our Constitution," Thomas writes, should be "applied equally to all citizens."
"Although California's guidelines place restrictions on places of worship," Roberts wrote, "those restrictions appear consistent with the Free Exercise Clause of the First Amendment."
Do mandatory, integrated state bar associations violate the First Amendment? Two justices would like the Court to reconsider this question.
The Supreme Court will consider the constitutionality of a Louisiana law that requires physicians who perform abortions to have admitting privileges at local hospitals.
A Reuters investigation reveals courts "growing tendency" to grant cops immunity from civil rights lawsuits.
Infectious disease, public health, and the Constitution
Will the Supreme Court question the underpinnings of the modern administrative state?
Impermissible collaboration on a take-home exam, and subsequent lying about it, kept one law graduate from admission to the Ohio Bar.
Kansas “will not wholly exonerate a defendant on the ground that his illness prevented him from recognizing his criminal act as morally wrong.”
These Churches Refuse To Close Over COVID-19. Does the Constitution Protect Their Right To Remain Open?
Religious liberty, public health, and the police powers of the states
Weighing the state and local response to COVID-19