Comments on: Supreme Court Unanimously Rules for NRA in First Amendment Case

By: Geoff "I'm getting too old for this shit" PR

Geoff "I'm getting too old for this shit" PR — Sat, 01 Jun 2024 23:28:33 +0000

In reply to LKB.

” …they know the case is going to go down on remand, and the votes are not there on SCOTUS to nuke qualified immunity.”

While nuking qualified immunity on the surface sounds very attractive to me, it seems to me it will creates more problems than it solves. What sane person would ever want to be in law enforcement with that potentially hanging over their head?

I bet the “Defund Police” crowd (read, fascists) would love qualified immunity declared unconstitutional.

*Please* change my mind…

By: LKB

LKB — Thu, 30 May 2024 18:30:16 +0000

While the decision is correct and a good restatement of legal principles, I caution people not to celebrate it too much.

Look at the final footnote in the opinion. Sotomajor is dog whistling to the Second Circuit to dismiss the case on remand based on qualified immunity. That’s why Kagan, Sotomajor, and Jackson signed on . . . they know the case is going to go down on remand, and the votes are not there on SCOTUS to nuke qualified immunity.

By: Geoff "I'm getting too old for this shit" PR

Geoff "I'm getting too old for this shit" PR — Thu, 30 May 2024 17:36:20 +0000

9-0, wow.

Even proto-fascist Ketanji Brown Jackson signed on?