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New law review article: "The Irrelevancy of the Fourth Amendment in the Roberts Court"

By John Wesley Hall, Jr.

The Irrelevancy of the Fourth Amendment in the Roberts Court by Thomas K. Clancy of the University of Mississippi School of Law, 85 Chi.-Kent L. J. 191 (2010). Abstract: Since John Roberts Jr. became Chief Justice of the Supreme Court, there has been a measurable decline in the number of cases addressing Fourth Amendment questions. This article examines the reasons for that decline and predicts the substantial elimination of Fourth Amendment litigation in the Roberts Court. The prediction is based on several premises, including the lack of interest of the justices on the Court concerning search and seizures principles and two significant recent cases, Pearson v. Callahan and United States v. Herring, which presage a significant decline in the number of lower court cases addressing the merits of the Fourth Amendment and, consequently, fewer cases worthy of Supreme Court review...continue to full post

Full post as published by Fourth Amendment on April 25, 2010 (boomark / email).