Divided Argument Double Negatives
Jan 30, 2025
Join Oren Kerr, a Stanford Law professor and author of 'The Digital Fourth Amendment', as he explores the evolving landscape of Fourth Amendment law. He delves into the implications of modern technology on constitutional rights and critiques the good faith exception in recent cases. The discussion then shifts to the controversial Barnes v. Felix case, examining excessive force by law enforcement and what it reveals about judicial accountability. Kerr’s insights highlight the future challenges in adapting legal standards to protect citizens' rights.
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Nationwide Injunctions
- The Supreme Court often hears cases involving nationwide injunctions.
- These injunctions, issued by district courts, block federal programs nationwide.
Supreme Court's Docket
- The Supreme Court dislikes being forced to review cases due to nationwide injunctions.
- They prefer discretion over their docket and timeline.
Government's Shifting Stance
- Presidential administration changes often lead to the government flipping its stance in pending Supreme Court cases.
- This involves changing positions in briefs and requesting stays in proceedings.