BREAKING: U.S. Supreme Court rules in favor of two different police requests seeking "qualified immunity" legal defense in excessive force cases
Supreme Court issues two summary rulings in favor of cops in cases where the lower courts had denied qualified immunity. No dissents
In one case, cop in California was accused of using excessive force while handcuffing a suspect while in the other, cops in Oklahoma fatally shot a man wielding a hammer
In California case, court says the precedent that 9th Circuit relied upon to say that putting a knee in someone's back while they are lying on the ground is "clearly established" as unconstitutional was "materially distinguishable" and therefore did not apply
In Oklahoma case, similar analysis: "Not one of the decisions relied upon by the Court of Appeals ... comes close to establishing that the officers’
conduct was unlawful"
Neither of these cases had facts very helpful for plaintiffs but the decisions seem to show (again) that the court still thinks lower courts need to be chided for denying qualified immunity to cops too frequently
Neither of the cases led to the court addressing any of the criticism about qualified immunity. If anything, they suggest the court still thinks too many cops are denied qualified immunity, despite evidence revealed by Reuters showing an increase in QI denials in recent years
Reminder that denial of qualified immunity doesn't mean the cops are held liable. It just moves the case closer to trial (or a settlement)
Curious: This morning the Supreme Court website had a dropdown menu option called “financial disclosure reports” (although nothing to see when you click on it). Now it’s gone
The court has never posted the justices’ financial reports. If you want to see them you have to get copies by applying to the Administrative Office of the U.S. Courts
(h/t @nateraymond for spotting the phantom menu option)
Supreme Court announces action on pending appeals at 9:30, including potentially some big ones left over from last week
Supreme Court then hears oral arguments in an abortion case that's not really about abortion on whether Kentucky AG can intervene to defend an abortion restriction struck down by lower courts
After a car chase, cop opened fire when suspect put stopped car in reverse. Officer “fired 11 shots through the back windshield and side windows as the car passed near him. Then he changed magazines and fired another 10 shots.” Driver was killed and passengers injured. QI granted
Supreme Court to hear oral arguments in person this fall — press release
Court will not allow public in the courtroom but justices, court personnel, lawyers and credentialed journalists will be allowed in. The gamechanger though is that live audio will continue
Supreme Court makes clear this development is, at the moment, for Oct, Nov and Dec arguments only
At a presidential debate in 2016, candidate Trump said that if he got the chance to appoint 2-3 Supreme Court justices, Roe v Wade would “automatically” be overturned. His bold prediction could soon turn out to be correct: reut.rs/3DMAEO7
Trump filled Scalia’s seat first but that didn’t change the balance of the court. Justice Kennedy’s retirement in 2018 was really the gamechanger as Kennedy had previously voted in favor of abortion rights. Now, with Kavanaugh in board, Roe was definitely under threat
Anti-abortion activists had a shock in 2020 when Roberts sided with liberals to strike down a Louisiana restriction (although that may have been a one-off). But even Roberts’ vote doesn’t matter any more because Ginsburg was replaced by Barrett creating the 6-3 majority