At 9:30 a.m. on Monday we expect ... (click to view)
Editor's Note :
At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging shortly before 10:00 a.m.
Issue: (1) Whether the Ninth Circuit correctly held – in conflict with the decisions of this Court and other circuits – that the Fourth Amendment imposes a mechanistic rule that police officers are forbidden from drawing their firearm during a Terry stop absent certain, predetermined "special circumstances;" and (2) whether the Ninth Circuit correctly held – in conflict with the decisions of the Supreme Court – that the Fourth Amendment rule at issue was “clearly established,” such that it would have been clear to every reasonable officer in the situation that Officer Chin faced that his conduct was unlawful.
How to prepare for oral argument; answering the questions asked; and the (limited) relation of ideas of Justices, the Court, and jurisprudence to the reality of oral argument. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.” In this six-part interview, Eric Schnapper — […]
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