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.
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2 comments:

Anonymous said...

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

22/4/09 10:43
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.

22/4/09 11:17

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