Friday, June 3, 2011

Update on Ashcroft v. al-Kidd
The Bush Administration’s wide use of an arrest tool to take terrorism suspects off the streets barely — and perhaps only temporarily — survived a major test in the Supreme Court on Tuesday, even though its principal architect — former Attorney General John D. Ashcroft — will not have to go to trial to defend it.  While finding that Ashcroft is entitled to limited legal immunity for a single, controversial use of the tactic, fully half of the eight Justices voting on the case sent out clear indications that they are deeply skeptical about it.  That was the somewhat contradictory outcome in Ashcroft v. al-Kidd (docket 10-98).

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