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Orin Kerr @orinkerr.bsky.social · 7h

I'm confused. You're the one saying that the article supports your view. I read the article in response and pointed out to you that it doesn't support your view. If your reply is that the article isn't worth following because SCOTUS has rejected it, then I wonder why you suggested it at all.

Orin Kerr @orinkerr.bsky.social · 12h

This Indiana Supreme Court case is a reminder that curtilage is not just a concept in Fourth Amendment law—here, it's used in a state constitutional provision on property taxes.
public.courts.in.gov/Decisions/ap...

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Orin Kerr @orinkerr.bsky.social · 13h

When it refers to "physical seizures," it has in mind direct physical seizures of land— that is, physically taking over someone's land. As I read it, the article argues that this is the only thing the drafters had in mind. True or not, I'm not sure how that helps here.

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Orin Kerr @orinkerr.bsky.social · 13h

Thanks. Seems worth noting that this article argues for a very narrow interpretation of the takings clause and does not mention search and seizure or warrants at all.

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Orin Kerr @orinkerr.bsky.social · 14h

What history about the scope of Takings Clause liability are you relying on when you call this ahistorical?

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Orin Kerr @orinkerr.bsky.social · 15h

Love it.

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Orin Kerr @orinkerr.bsky.social · 15h

CA7: Under circuit precedent, homeowner can't sue under the Takings Clause for damage to house caused by execution of a search warrant there.
media.ca7.uscourts.gov/cgi-bin/Opin... #N

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Anna Hickey @annahickey.bsky.social · 16h

There's an overwhelming amount of litigation surrounding the Trump administration so over at @lawfaremedia.org we have tried to make it easier to parse it. You can find district court, appellate level, and SCOTUS cases all in one place!

Check it out ⬇️

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Orin Kerr @orinkerr.bsky.social · 17h

"Hoover Fellow Program: Up-to-5-Year Paid In-Residence Position for Aspiring Academics (Including Aspiring Legal Academics)," via Eugene Volokh.
reason.com/volokh/2025/...

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Pwnallthethings @pwnallthethings.bsky.social · 1d

Tragic news from Canada where the Canadian Supreme Court has gone from the official dress on the left to the one on the right

Canadian Supreme court. Everyone is dressed in bright red wooly gowns, with a beige trim. It looks sort of like a Santa robe

The Canadian Supreme court. Everyone is dressed in black gowns with a bright white kravat, and two thin red vertical lines on the side of the robe

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Joshua J. Friedman @joshuajfriedman.com · 2d

Judge: That's what I'll do. Prohibit federalization or deployment of any NG troops into Oregon. For all reasons in prior opinion. Deployment of federalized military is ultra vires and contrary to law, violating Title 10, section 12406. I also find it's likely that defendants violate 10th Amendment.

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Orin Kerr @orinkerr.bsky.social · 3d

Florida court: We think the enactment of medical marijuana at the state level, and perhaps legalization of hemp at the federal level, means the smell of cannabis no longer generates probable cause, and we certify the question to the state supreme court.
flcourts-media.flcourts.gov/content/down...

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Joshua J. Friedman @joshuajfriedman.com · 3d

NEW: Judge Immergut BLOCKS Trump's federalization of the Oregon National Guard, writing that the govt has "made a range of arguments that, if accepted, risk blurring the line between civil and military federal power—to the detriment of this nation." storage.courtlistener.com/recap/gov.us...

CONCLUSION
For the above reasons, this Court GRANTS Plaintiffs' Motion for Temporary Restraining Order, ECF 6, and temporarily enjoins Defendants' September 28, 2025, Memorandum ordering
the federalization and deployment of Oregon National Guard service members to Portland. The
TRO expires in fourteen days on October 18, 2025, and the parties are ORDERED to comply with the attached TRO. The Defendants' request to stay or administratively stay the Temporary Restraining Order, see Defendants' Opposition to Plaintiffs' Motion for Temporary Restraining
Order, ECF 35 at 41, is DENIED.
IT IS SO ORDERED
DATED this 4th day of October, 2025 at 3:40 p.m. pacific daylight time.
/s/ Karin J. Immergut
Karin J. Immergut
United States District Judge

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Orin Kerr @orinkerr.bsky.social · 3d

Just the timeline cleanse I needed.

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Orin Kerr @orinkerr.bsky.social · 4d

The reply brief in Case v. Montana, the pending Supreme Court case on the standard of cause for entry under the emergency aid exception, has been filed. Oral argument is October 15th; blogging at Volokh coming soon.
supremecourt.gov/DocketPDF/24...

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Orin Kerr @orinkerr.bsky.social · 4d

Joe Henderson, "Y Todavia La Quiero," from Relaxin' at Camarillo (recorded 1979), with Henderson on tenor, Chick Corea on piano, Tony Dumas on bass, and Peter Erskine on drums.
www.youtube.com/watch?v=5t-s...

Joe Henderson - Y todavia la quiero

YouTube video by quintupla

www.youtube.com

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Joshua J. Friedman @joshuajfriedman.com · 4d

NEW: Judge Crenshaw finds that the Trump admin's criminal prosecution of Kilmar Abrego Garcia may well be vindictive—and greenlights discovery and an evidentiary hearing. storage.courtlistener.com/recap/gov.us...

MEMORANDUM OPINION
By way of context, a federal prosecutor is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all. The obligation to govern impartially concerns, above all, the state's exercise of coercive power-meaning its power to deprive its subjects of life, liberty, or property... As a representative of the state, a prosecutor's exercise of coercive power must be impartial ... [in] that prosecutorial power may not be exercised vindictivelymeaning that the prosecutor may not punish a defendant for exercising a protected statutory or constitutional right.
United States v. Zakhari, 85 F.4th 367, 384-85 (6th Cir. 2023) (Kethledge, J., concurring) (citations and quotations omitted). This context frames review of Defendant Kilmar Armando Abrego Garcia's ("Abrego") motion to dismiss his indictment for vindictive and selective
prosecution. (Doc. Nos. 104-05). The Government opposes the motion (Doc. No. 121), and Abrego has replied (Doc. No. 127). Abrego's motion is not ripe for decision because he seeks discovery and an evidentiary hearing because there is some evidence of vindictiveness here. For the reasons that follow, the Court holds that the totality of events creates a sufficient evidentiary basis to conclude that there is a "realistic likelihood of vindictiveness" that entitles Abrego to discovery and requires an evidentiary hearing before the Court decides his motion. United States
v. Andrews, 633 F.2d 449, 457 (6th Cir. 1980) (en banc), cert. denied, 450 U.S. 927 (1981).

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Orin Kerr @orinkerr.bsky.social · 7d

I think this was a successful paper academically, but it's a bit disappointing that, given its obvious doctrinal importance, it has been cited in a published judicial opinion only once.

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Orin Kerr @orinkerr.bsky.social · 7d

From the paper.

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Orin Kerr @orinkerr.bsky.social · 7d

This was published 10 years ago, and I believe it's still the leading article on the topic.
papers.ssrn.com/sol3/papers....

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Kyle Cheney @kyledcheney.bsky.social · 7d

BREAKING: A second Trump-appointed U.S. attorney has been disqualified after a federal judge ruled her appointment invalid.

Sigal Chattah is out as US attorney in Nevada, just like Alina Habba in NJ: storage.courtlistener.com/recap/gov.us...

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Jacob T. Levy @jacobtlevy.bsky.social · 7d

Quote of the day.
“This is going to be a big thing for the people in this room, because it's the enemy from within, and we have to handle it before it gets out of control. We should use some of these dangerous cities as training grounds for our military.”

Donald Trump to the assembled top brass.

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Orin Kerr @orinkerr.bsky.social · 8d

"I've written about the 4th Amendment regularly for 45 years, all the while practicing law full time. Kerr gave me insights that got by me before. To this criminal defense lawyer, it is a new way of looking at 4th Amendment issues...."—John W. Hall, reviewing my book.
www.amazon.com/Digital-Four...

The Digital Fourth Amendment: Privacy and Policing in Our Online World

The Digital Fourth Amendment: Privacy and Policing in Our Online World [Kerr, Orin] on Amazon.com. *FREE* shipping on qualifying offers. The Digital Fourth Amendment: Privacy and Policing in Our Online World

www.amazon.com

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Orin Kerr @orinkerr.bsky.social · 8d

they were deemed equivalent in the law of assault, as I read it.

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Orin Kerr @orinkerr.bsky.social · 8d

The reason it mattered what was an arrest at common law in Torres is that everyone agreed that an "arrest" was a seizure. So the technical common law meaning of arrests mattered. But why does that extend to assaults?

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