PogoWasRight.org

Menu
  • About
  • Privacy
Menu

The Irrelevancy of the Fourth Amendment in the Roberts Court

Posted on April 26, 2010 by pogowasright.org

Another new Fourth Amendment article: The Irrelevancy of the Fourth Amendment in the Roberts Court by Thomas K. Clancy of the University of Mississippi School of Law, 85 Chi.-Kent L. J. 191 (2010).  Here’s the abstract:

Since John Roberts Jr. became Chief Justice of the Supreme Court, there has been a measurable decline in the number of cases addressing Fourth Amendment questions. This article examines the reasons for that decline and predicts the substantial elimination of Fourth Amendment litigation in the Roberts Court. The prediction is based on several premises, including the lack of interest of the justices on the Court concerning search and seizures principles and two significant recent cases, Pearson v. Callahan and United States v. Herring, which presage a significant decline in the number of lower court cases addressing the merits of the Fourth Amendment and, consequently, fewer cases worthy of Supreme Court review. If these premises hold true, the Fourth Amendment, while remaining the most commonly implicated aspect of the Constitution, may lose its status as the most frequently litigated part. What will remain is a residual, complex jurisprudence with little relevance.

Orin Kerr finds the article provocative, but unpersuasive, here.

John Wesley Hall Jr. of FourthAmendment.com points out other Fourth Amendment articles in the same volume of the law review:

  • Donald Dripps, The Fourth Amendment, the Exclusionary Rule, and the Roberts Court: Normative and Empirical Dimensions of the Over-Deterrence Hypothesis, 85 Chi.-Kent L. Rev. 209 (2010)
  • Ronald J. Rychlak, Replacing the Exclusionary Rule: Fourth Amendment Violations as Direct Criminal Contempt, 85 Chi.-Kent L. Rev. 241 (2010)
  • Scott E. Sundby, Mapp v. Ohio’s Unsung Hero: The Suppression Hearing as Morality Play, 85 Chi.-Kent L. Rev. 255 (2010)
Category: CourtSurveillance

Post navigation

← UK: Queen’s tailor sues former employee
“Peeping Tom” Allegation May Not Fly in “Webcamgate” →

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • FTC dismisses privacy concerns in Google breakup
  • ARC sells airline ticket records to ICE and others
  • Clothing Retailer, Todd Snyder, Inc., Settles CPPA Allegations Regarding California Consumer Privacy Act Violations
  • US Customs and Border Protection Plans to Photograph Everyone Exiting the US by Car
  • Google agrees to pay Texas $1.4 billion data privacy settlement
  • The App Store Freedom Act Compromises User Privacy To Punish Big Tech
  • Florida bill requiring encryption backdoors for social media accounts has failed

RSS Recent Posts on DataBreaches.net

  • International cybercrime tackled: Amsterdam police and FBI dismantle proxy service Anyproxy
  • Moldovan Police Arrest Suspect in €4.5M Ransomware Attack on Dutch Research Agency
  • N.W.T.’s medical record system under the microscope after 2 reported cases of snooping
  • Department of Justice says Berkeley Research Group data breach may have exposed information on diocesan sex abuse survivors
  • Masimo Manufacturing Facilities Hit by Cyberattack
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy