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SCOTUSBlog: Davis v. U.S. argument recap

By John Wesley Hall, Jr.

SCOTUSBlog: Davis v. United States Argument recap: Selling complexity / The Court explores a professor’s complex argument to protect the integrity of the Court’s Fourth Amendment precedents: It was a complex argument, all about the Court preserving the integrity of its constitutional decision-making, that professor Orin S. Kerr offered to the Justices in Davis v. U.S. (09-11328). And its complexity stood out in quite vivid contrast to the simple — even simplistic — argument that a Justice Department lawyer would make. While Kerr was at the lectern, the skepticism about his theme ran back and forth across the bench. Still, he was making his points and, as the argument moved on, it became evident that Kerr had stirred some interest, perhaps even sympathetic interest — from several Justices, perhaps most notably Justice Anthony M...continue to full post

Full post as published by Fourth Amendment on March 22, 2011 (boomark / email).