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While we talk, Roberts works: United States v. Jackson

While Moveon.org is recruiting signatures for a petition against Supreme Court nominee John Roberts, and USA Today is reporting how allegedly popular  this previously popularly unheard-of jurist has become overnight (hat-tip to Jim Lindgren, the source of both links), Roberts keeps on ... working.

Take, for example, the dissent Roberts filed yesterday in a Fourth Amendment case. Orin Kerr posts:

"Judge John Roberts filed a dissent in a Fourth Amendment case today that is pretty interesting as an example of his style as a jurist. The case, United States v. Jackson, is very fact-specific: the only issue is whether the facts of a particular traffic stop amounted to probable cause to search the trunk of a car. Judges Judith Rogers and Harry Edwards, two of the more liberal judges on the D.C. Circuit, said no. Judge Roberts said yes. On the merits of the probable cause determination, my own sense is that this was a pretty close call. Based on current law, I think Roberts was probably right. At the same time, the doctrine calls for a judgment of probabilities, and reasonable people with different experiences can disagree ..."

Posted by Laurel Newby on July 22, 2005 at 01:33 PM | Permalink | TrackBack (0)

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