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Posts by Orin Kerr

This is a surprising result; stay tuned to see if it draws any rehearing interest.

2 days ago 15 0 1 0
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Opinion, per J. Benjamin: govinfo.gov/content/pkg/...

Dissent, per J. King: It was understandable to ask about a gun in this situation, so the question was reasonable. (see below)

2 days ago 11 0 1 0
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Officer initiates traffic stop b/c car was stopped on 1-lane bridge. Asks about guns in the car, and both driver & passenger say they have guns. Officer retrieves the guns. Turns out, passenger has a felony.

CA4, 2-1: Asking about the gun was unreasonable and not permitted, so gun is suppressed.

2 days ago 20 3 1 0
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When Harlan F. Stone was a law professor, among his students was Franklin Delano Roosevelt. They would meet again when FDR was President and Stone was an Associate Justice—and FDR then went on to nominate Stone for the Chief Justice slot.

Excerpt: Laura Kalman, FDR's Gambit.

3 days ago 17 2 0 0
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Prosecutor Withdraws From Trump Team’s Investigation of Ex-C.I.A. Chief

"Mr. Blanche has made it clear to senior White House officials that he plans to move more quickly than Ms. Bondi against a handful of Trump targets, according to people in Mr. Blanche’s orbit."
www.nytimes.com/2026/04/17/u...

3 days ago 69 23 7 2
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"The Slowing of Fourth Amendment Law, and Now Advisory Opinions: A Comment on Chatrie v. United States," a deep dive for the law nerds, now up at Volokh. Intro in the screenshot below. reason.com/volokh/2026/...

4 days ago 21 5 1 1
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Chatrie's reply brief has been filed. It leans in pretty heavily to the idea that TOS control 4A rights—or at least, that favorable TOS create 4A rights, by creating a property right in data. Stay tuned, as always.
www.supremecourt.gov/DocketPDF/25...

3 days ago 13 0 0 0
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"The Slowing of Fourth Amendment Law, and Now Advisory Opinions: A Comment on Chatrie v. United States," a deep dive for the law nerds, now up at Volokh. Intro in the screenshot below. reason.com/volokh/2026/...

4 days ago 21 5 1 1
Robert Johnson- Crossroad
Robert Johnson- Crossroad YouTube video by shogun coredump

Here's the version everyone has been listening to before, for those wondering why the better sound might be of interest. (Compare the details in the guitar.)
www.youtube.com/watch?v=Yd60...

4 days ago 11 0 1 0
Robert Johnson - Cross Road Blues (take 2, test pressing)
Robert Johnson - Cross Road Blues (take 2, test pressing) YouTube video by Nick Dellow

Fans of blues music will not want to miss the sound from the recently-discovered 1940 shellac master test pressing of Robert Johnson performing "Cross Road Blues"—a famous track, now available with vastly better sound. (via Ted Gioia)
www.youtube.com/watch?v=gmnN...

4 days ago 89 30 4 2
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4A nerds, stay tuned for the reply brief in Chatrie to be filed. As I read the rules, it should be filed by tomorrow. And remember that oral argument is Monday, April 27th.

4 days ago 15 3 0 0
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This will be worth following, to see how the legal issues—in particular, the scope of state power to prosecute federal agents—work out. www.nytimes.com/2026/04/16/u...

4 days ago 32 7 3 0

I'm reminded a bit of the DC Circuit's zipper case, US v. Askew (en banc).
scholar.google.com/scholar_case...

5 days ago 7 1 1 0
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Dissent: But the video is unclear as to what the officer saw, and the trial court credited the officer's testimony on that.

5 days ago 10 2 1 0
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Officer testifies he saw a bulge under suspect's sweatshirt, and that lifting sweatshirt revealed drugs. Iowa Ct App, 2-1: Video shows officer couldn't see the drugs until he lifted the suspect's sweatshirt, so drugs can't be admitted in plain view. iowacourts.gov/courtcases/2...

5 days ago 34 6 2 1
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"Courts in the Wild: Magistrate Judges in U.S. National Parks," from Judicature. judicature.duke.edu/articles/mag...

5 days ago 13 3 0 0
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"Fake Ledger App Steals Millions in Bitcoin, Crypto From Holders—Including Musician G. Love" decrypt.co/364308/fake-...

6 days ago 29 11 7 1
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"Conservative Judges’ Early Hiring Fuels Two-Track Clerkship System at Harvard Law," from The Crimson. And not just at HLS.
thecrimson.com/article/2026...

6 days ago 47 11 0 1

There's time pressure, as the case has to be out by the end of June. But it's an advisory opinion: No one expects that Chatrie can ever get out of jail, no matter how the Supreme Court rules.

6 days ago 1 0 0 0
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Why the SCOTUS geofence warrant case to argued in two weeks might be decided on narrow grounds— a thought on Chatrie, the first in a series. First few paras in the screenshot. reason.com/volokh/2026/...

1 week ago 12 4 1 1
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"Trump Chooses His Personal Lawyers for Federal Appeals Courts," via Bloomberg Law. news.bloomberglaw.com/us-law-week/...

6 days ago 20 8 3 1

They denied cert on that question, though. I'll talk about why in my next post.

1 week ago 2 0 1 0
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Why the SCOTUS geofence warrant case to argued in two weeks might be decided on narrow grounds— a thought on Chatrie, the first in a series. First few paras in the screenshot. reason.com/volokh/2026/...

1 week ago 12 4 1 1
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I missed this story from last October, about how Yale Law previously considered legacy status in admissions but—apparently recently—phased it out. I don't know what other law schools do on this front, but I hope they don't consider legacy status. yaledailynews.com/articles/law...

1 week ago 38 4 6 1
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The Americans caught in ICE’s web of surveillance : Up First from NPR Since taking office last year, the Trump administration has pushed Immigration and Customs Enforcement (ICE) to ramp up deportations. This increase in enforcement operations has meant that American ci...

I make a brief appearance in this NPR podcast last week talking about the Fourth Amendment, DNA tests, and surveillance of protesters.
www.npr.org/transcripts/...

1 week ago 22 3 1 1
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Renter of "casita", a small house, gives cops permission to "go in" to search for suspect. Officers spot gun on the roof, get it. CA10: Assuming defendant has standing, trial court's ruling that getting the gun was within the scope of consent not clear error. www.ca10.uscourts.gov/sites/ca10/f...

1 week ago 9 1 0 0

Just figured everyone is still upset over Davis v. United States (2011).

1 week ago 1 0 2 0

Davis v. United States (2011)?

1 week ago 0 0 1 0
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The law clerk hiring signal varies by Justice, but that's at least interesting.
www.nytimes.com/2026/04/11/u...

1 week ago 18 0 2 0
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Let me know if you have any more questions.

1 week ago 0 0 1 0