又是第九巡回法院 -- Alito slams Ninth Circuit 'Flagrant error'

本帖于 2025-02-24 11:35:22 时间, 由普通用户 dancinghorse 编辑

九院又不能决定什么出生权

关于Birthright citizenship:

The U.S. Court of Appeals for the 9th Circuit recently upheld a Seattle judge’s nationwide injunction on Trump’s birthright citizenship order in one of the two cases brought by the Democratic states. Judges in both of those cases, and two others brought by civil rights groups, have issued injunctions. Legal experts said the issue could ultimately be decided by the Supreme Court.

九院乱判被高院骂

关于qualified immunity:

Alito wrote (citations omitted):

https://www.msn.com/en-us/news/crime/flagrant-error-alito-slams-ninth-circuit-for-having-badly-fumbled-qualified-immunity-in-case-of-fatal-police-shooting/ar-AA1zHcFb?ocid=msedgntp&pc=U531&cvid=448402c5a45246a280744ece9357481d&ei=18

The decisions below made more than a trifling mistake. In the Fourth Amendment context, the clearly-established law requirement provides essential notice at the “‘hazy border between excessive and acceptable force.'” But by holding an officer liable based on a judicial precedent issued after the events in question, the courts below ran roughshod over this key notice-bearing feature of our qualified-immunity jurisprudence.

Alito noted that he would have reversed the Ninth Circuit’s erroneous ruling to “reiterate a point that this Court has made time and again: a judicial decision can serve as a basis for clearly established law only if it predates the allegedly unlawful conduct.”

Justice Clarence Thomas, who has been an outspoken critic of qualified immunity, joined Alito’s statement.

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