Digby: Original Inquisitor
Kieran Healy makes what I think is the most salient observation about the Supremes gutting of the fourth amendment in Hudson v. Michigan and I would really love to see some smart legal scholars ask Justice Scalia about it at his next controversial speech:
Scalia, writing for the majority, is happy to set his originalism aside and argue that the growth of “public-interest law firms and lawyers who specialize in civil-rights grievances ... [and] the increasing professionalism of police forces, including a new emphasis on internal police discipline ... [and] the increasing use of various forms of citizen review can enhance police accountability” all mean that the fourth amendment can be reinterpreted.
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