Bloodless Coup

The Fourth Amendment, Thermal Imaging, and Judges Doing Bad Science

Since I find Kyllo one of the more troubling things to come down from the country's highest court in the last decade, I tend to take an interest when discussions of it come up. And Orin Kerr notes an interesting way in which it's problematic. He thinks it should be a contender for "winning" the following question: "What is the most scientifically irresponsible passage in the United States Reports?" As for why, see here and here.

Jim Chen proposes a different answer to that question - but again the culprit is Justice Scalia.