Supreme Court

In United States v. Cooley the Supreme Court will decide whether tribal police have the authority to temporarily detain and search a non-Indian on a public right-of-way within a reservation based on a potential violation of state or federal law.

The Ninth Circuit held the tribal officer has no such authority unless a legal violation is “obvious” or “apparent.” If it isn’t, any evidence obtained in the search must not be used against...

The issue the Supreme Court will decide in Caniglia v. Strom is whether the Fourth Amendment “community caretaking” exception to the warrant requirement extends to the home.

A police officer determined Edward Caniglia was “imminently dangerous to himself and others” after the previous evening he had thrown a gun on the dining room table and said something to his wife like “shoot me now and get it over with.” Officers convinced Caniglia to go...

The Supreme Court has required governments to pay “just compensation” to property owners where the government “requires an owner to suffer a permanent physical invasion of her property—however minor.” But what if the invasion is temporary? In Cedar Point Nursery v. Hassid, the Supreme Court will decide whether a taking has occurred.

The U.S. Constitution’s Fifth Amendment allows the government to “take” private property as long...

Today the Supreme Court heard oral argument in California v. Texas. In this case it is possible the Supreme Court could rule that a portion of the Affordable Care Act (ACA) is unconstitutional and strike down the entire law.

Predicting the outcome of Supreme Court cases based on oral argument is a risky proposition. Nevertheless, it appeared at...

In a very brief, unauthored opinion the Supreme Court denied qualified immunity in Taylor v. Riojas to a number of correctional officers who confined Trent Taylor to a “pair of shockingly unsanitary cells” for six days. The Court didn’t hear oral argument in this case, and Justice Barrett didn’t participate in it.

In the last decade the Supreme Court has repeatedly overturned lower court refusals to grant police officers qualified immunity....

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