Justice Ketanji Brown Jackson has issued another sole stinging dissent. In a 7-2 decision (with liberal justice Elena Kagan joining the majority), the Court upheld the authority of police to make a stop based on the totality of the circumstances...
...Jackson wrote that "I cannot fathom" how the seven justices could second-guess the lower court in rejecting the police claims. She accused her colleagues of mere "wordsmithing." Just for the record, it would be useful to review those words...
...The stop that Jackson (and the DC Circuit) found to be unjustified occurred after a call over a suspicious vehicle at 2am. When they arrived, two people ran from the car and the remaining passenger slowly began backing out of the parking lot with a door still open...
...Justice Jackson (and Justice Sotomayor, who notably declined to join her dissent) felt that those facts were not sufficient for the requisite suspicion needed for the stop. That seems a tad more than "wordsmithing."
...Here is the per curiam opinion in District of Columbia v. R.W. supremecourt.gov/opinions/25pdf…
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