22 April 2009

"The doctrine of stare decisis does not require us to approve routine constitutional violations."

Goddammit, I had enough trouble pulling a decent grade in my criminal procedure class, and now the Supreme Court has gone and overruled Belton (PDF).

Er, not that this is a bad thing.

2 comments:

glaucon said...

did you catch the crazy lineup for the majority on that one?

Glomarization said...

Not as surprising as you may think. Scalia tends to say that he doesn't believe there is a right to privacy in the Consitution, but on the other hand he's often quick to say that a search is unconstitutionally unreasonable.

As for Breyer's dissent, on a quick cursory look, he seems to be criticizing the majority for ignoring concerns of stare decisis, not because he disagreed with the result.