Federal Judiciary

Today?s orders from the October 15 Conference

By Anna Christensen

This morning, the Court granted certiorari in one case: 10-98, Ashcroft v. Al-Kidd.  Certiorari was limited to questions 1 and 2, and Justice Kagan took no part in consideration of the petition.

The Justices did not invite the views of the Acting Solicitor General in any cases today, and no summary reversals were issued.

Briefs in today’s granted case, Ashcroft v. Al-Kidd, follow:

Title: Ashcroft v. al-Kidd (Granted )
Docket: 10-98
Issue(s): (1) Whether a former government official is entitled to absolute immunity from a claim that he used the material witness statute as a ?pretext? to preventatively detain terrorism suspects; and (2) whether the former government official is entitled to qualified immunity from the pretext claim based on the conclusions that (a) the Fourth Amendment prohibits an officer from executing a valid material witness warrant with the subjective intent of conducting further investigation or preventively detaining the subject; and (b) this Fourth Amendment rule was clearly established at the time of the respondent?s arrest. (Kagan, J., recused.)

Certiorari-Stage Documents:

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Wesley MacNeil Oliver
• Amicus brief of William P. Barr et al.
• Petitioner's reply

Full post as published by SCOTUSBLOG on October 18, 2010 (boomark / email).