No per se "no warrant" rule for blood tests of alleged drunk drivers. 8-1 but split on line drawing. Seems okay. Alien Tort Statute case doesn't override presumption against extraterritoriality but 4-5 justices [see various posts here] leave something of an opening. Yesterday, had two more Kagan opinions, her style discussed here. Like it, especially the down to earth flavor, but at some point sarcasm does get to be a bit too Scaliaesque.
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Wednesday, April 17, 2013
Supreme Court Watch
No per se "no warrant" rule for blood tests of alleged drunk drivers. 8-1 but split on line drawing. Seems okay. Alien Tort Statute case doesn't override presumption against extraterritoriality but 4-5 justices [see various posts here] leave something of an opening. Yesterday, had two more Kagan opinions, her style discussed here. Like it, especially the down to earth flavor, but at some point sarcasm does get to be a bit too Scaliaesque.
3 comments:
Although the court in its several opinions didn't say so, the holding strikes me as being a rather straightforward application of the doctrine of forum non convenient
This silly system will not allow me to type "forum non convenient" with an s at the end instead of a t. The system never went to law school.
Or took Latin. So, it is a question of what would happen in a harder case. The different opinions would have different answers there.
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Thanks for your .02!