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NYT: SCOTUS in decline in quality of work

By John Wesley Hall, Jr.

From the NYT: Justices Are Long on Words but Short on Guidance by Adam Liptak: In June, the Supreme Court issued a decision on the privacy rights of a police officer whose sexually explicit text messages had been reviewed by his employer. Ever since, lower court judges have struggled to figure out what the decision means. The case “touches issues of far-reaching significance,” Justice Anthony M. Kennedy wrote. Then he explained why the court would decide none of them. A definitive ruling should be avoided, he said, because “it might have implications for future cases that cannot be predicted.” Justice Antonin Scalia went along with the decision, but he blasted his colleagues for “issuing opaque opinions.” A month later, Judge Frank M...continue to full post

Full post as published by Fourth Amendment on November 20, 2010 (boomark / email).