Intended Consequences
Yesterday I lamented the holding of a federal trial judge which lopped off a huge chunk of the protections promised under habeas corpus (scroll down to "Nightmare"). Today I read about the Supreme Court decision which lopped off a huge chunk of protections promised uner the Fourth Amendment. From an editorial in today's NY Times.
The Supreme Court yesterday substantially diminished Americans' right to privacy in their own homes. The rule that police officers must "knock and announce" themselves before entering a private home is a venerable one, and a well-established part of Fourth Amendment law. But President Bush's two recent Supreme Court appointments have now provided the votes for a 5-4 decision eviscerating this rule.
...The exclusionary rule has sometimes been criticized for allowing criminals to go free just because of police error. But as the court itself recognized in that 1914 case, if this type of evidence were admissible, the Fourth Amendment "might as well be stricken."
...If Justice Sandra Day O'Connor had stayed on the court, this case might well have come out the other way. For those who worry that Chief Justice John Roberts and Justice Samuel Alito will take the court in a radically conservative direction, it is sobering how easily the majority tossed aside a principle that traces back to 13th-century Britain, and a legal doctrine that dates to 1914, to let the government invade people's homes. [Emphasis added]
Given the holding by the Supreme Court, and the language used by the majority, it's pretty clear to me how it will rule on the habeas corpus issue in the case discussed in "Nightmare." In other words, the Supreme Court as presently constituted has a taken a hard turn to the right when it comes to the civil liberties of citizens in clashes with the government. The defendants in that case will have a tough road on appeal.
If a more constitutionally sensitive jurist had been appointed to replace Justice O'Connor, there would have been some hope. Instead, Senate Democrats rolled over on the Alito nomination (as it did with the Roberts' nomination). The scary part of all of this is that it is entirely possible (perhaps even likely)the Emperor will have a shot at one more Supreme Court appointment in the next eighteen months. If the Democrats don't develop a spine soon, the Bill of Rights might as well be expunged.
The Supreme Court yesterday substantially diminished Americans' right to privacy in their own homes. The rule that police officers must "knock and announce" themselves before entering a private home is a venerable one, and a well-established part of Fourth Amendment law. But President Bush's two recent Supreme Court appointments have now provided the votes for a 5-4 decision eviscerating this rule.
...The exclusionary rule has sometimes been criticized for allowing criminals to go free just because of police error. But as the court itself recognized in that 1914 case, if this type of evidence were admissible, the Fourth Amendment "might as well be stricken."
...If Justice Sandra Day O'Connor had stayed on the court, this case might well have come out the other way. For those who worry that Chief Justice John Roberts and Justice Samuel Alito will take the court in a radically conservative direction, it is sobering how easily the majority tossed aside a principle that traces back to 13th-century Britain, and a legal doctrine that dates to 1914, to let the government invade people's homes. [Emphasis added]
Given the holding by the Supreme Court, and the language used by the majority, it's pretty clear to me how it will rule on the habeas corpus issue in the case discussed in "Nightmare." In other words, the Supreme Court as presently constituted has a taken a hard turn to the right when it comes to the civil liberties of citizens in clashes with the government. The defendants in that case will have a tough road on appeal.
If a more constitutionally sensitive jurist had been appointed to replace Justice O'Connor, there would have been some hope. Instead, Senate Democrats rolled over on the Alito nomination (as it did with the Roberts' nomination). The scary part of all of this is that it is entirely possible (perhaps even likely)the Emperor will have a shot at one more Supreme Court appointment in the next eighteen months. If the Democrats don't develop a spine soon, the Bill of Rights might as well be expunged.
posted by Diane at 3:35 AM
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