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Orin Kerr @OrinKerr
, 5 tweets, 2 min read Read on Twitter
Second judge on Trump's SCOTUS list in just the last two weeks to say the Supreme Court is misguided in how it interprets the 4A: Last week it was Willett on QI, this week it is Thapar on what is a search. opn.ca6.uscourts.gov/opinions.pdf/1…
Oh, and I should add that I don't find Thapar's attempt to arrive at an originalist definiton of search persuasive. As I've noted elsewhere, the historical materials don't answer this question, too often, each person picks the test they want and labels it originalist.
I don't think this right, either. From a textualist perspective, Miller and Greenwood are about the word "their" in the 4th Am: *whose* "papers and effects" are the bank records given to bank and trash left at curb. They're not about whether a search was "reasonable."
A long post on the problems with trying to devise an originalist interpretation of what is a search here; reason.com/volokh/2018/01…
No pressure, 4th Amendment scholars, no pressure. :) opn.ca6.uscourts.gov/opinions.pdf/1…
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