U.S. Supreme Court,
Criminal,
Constitutional Law
Jun. 16, 2020
The Supreme Court and qualified immunity
On Monday, the Supreme Court inexplicably denied certiorari in a number of cases which posed issues concerning qualified immunity. The court did so despite clear splits among the circuits on crucial questions that are constantly litigated and despite strong calls for review from conservatives and liberals.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
On Monday, the Supreme Court inexplicably denied certiorari in a number of cases which posed issues concerning qualified immunity. The court did so despite clear splits among the circuits on crucial questions that are constantly litigated and despite strong calls for review from conservatives and liberals. Major newspapers, like the New York Times, have had editorials criticizing the court's jurisprudence in this area and urging a change in the law. Yet after weeks of...
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