Justice Kagan's Commitment to the Court of Appeals

Mantinez: I almost think she was not pulling on this thread to underscore the institutionalist implications, but rather, it felt a little bit like she was trolling and pushing back. Another major theme here was the issue of causation. There's a concern here that there are lots of constitutional violations that occur pre trial. If you can't sut the police in those circumstances, that would be a sweeping change to civil rights litigation.