June 16, 2006

Orin Kerr on Hudson v. Michigan

Since Binky has shown an interest in this week's Supreme Court ruling on the knock-and-announce requirement (well, former requirement) I thought I'd mention that Orin Kerr has a few good posts on this, including one in which he asks what exactly the Court's holding is, and one in which he takes Justice Scalia for task for seeming to employ a not very originalist view of the 4th Amendment in his opinion. As Kerr amusingly writes, Scalia seems to think, the Fourth Amendment - "it's alive!"

Of course to be fair to Scalia he usually describes himself as a textualist (Thomas is the Court's #1 originalist) - but since he does defend originalism from time to time I think it's fair to note this seeming inconsistency.

Posted by armand at June 16, 2006 11:46 AM | TrackBack | Posted to Law and the Courts

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